WHEN DOES A LANDLORD HAVE TO PROVIDE REASONABLE ACCOMMODATION FOR A DISABLED TENANT?

By Jared Hernandez, Fair Housing Program Manager, CSA San Diego

January 12,2024 (El Cajon) -- Many tenants are often unaware of their housing rights, contributing to a significant gap in understanding and advocacy. This lack of awareness can leave tenants vulnerable to potential discrimination or hinder their ability to seek necessary adjustments, such as reasonable accommodations for disabilities.

Reasonable accommodation refers to a change, exception, or adjustment in the housing provider’s rules, services, or practices that are necessary to provide a person with a disability an equal opportunity to use and enjoy their home. (1) This Fair Housing Act mandates that housing providers make these accommodations unless it imposes an undue burden on them, fundamentally alters the nature of their operations, or creates a direct threat to the health or safety of others. It is important to note that not all persons with a disability will need to request reasonable accommodation, but all persons with disabilities have the right to request or be provided with reasonable accommodation. (2)

The Fair Housing Act covers most housing except owner-occupied buildings with more than four units, single-family houses sold or rented by the owner, and housing operated

by religious or private organizations that can limit their occupancy to certain members.(3)

For example, consider a case where a housing provider has an online portal so tenants can submit payments and maintenance requests. If you suffer from a disability that limits your access or use of the online portable, you may ask the housing provider to accept the payments and requests outside of the portal. CSA San Diego County can step in and facilitate communication between the tenant and the property owner to ensure seamless implementation. In another scenario, a family with a child who has visual impairment needs an exception to a "no-pets" policy for their service animal. CSA San Diego County can advocate for a policy adjustment to accommodate the family's needs.(4)

Reasonable accommodation aims to achieve a world where everyone, regardless of ability, can navigate their living spaces without unnecessary obstacles. Whether you are a prospective tenant, a current tenant, or a landlord, we encourage you to reach out to CSA San Diego to learn more about fair housing topics and ensure you know your housing rights.

CSA San Diego County is a 501(c)(3) nonprofit organization whose primary mission is the promotion of social justice and public welfare through programs, services, and advocacy against all forms of discrimination, including advocacy for the eradication of housing discrimination to assure equal housing opportunity for all individuals.

CSA is committed to promoting and enforcing fair housing laws and equal housing opportunities for all individuals who live in San Diego County. Other no-cost services include hate crime prevention, civic engagement, and Human Trafficking prevention and education.

(1) HUD Reasonable Accommodation Definition

(2) HUD Reasonable Accommodation

(3) HUD Who is Protected

(4) Reasonable Accommodation Examples

CSA San Diego is located in El Cajon.  For more information, visit https://www.c4sa.org/.