DENIALS OF REASONABLE ACCOMMODATIONS OR REASONABLE MODIFICATIONS

Under federal and California fair housing law, a landlord may not refuse to make reasonable accommodations or reasonable modifications when they are necessary to allow an individual with a disability to equally use and enjoy their housing. However, a landlord may deny a request when there is no underlying disability or there is no disability-related need for the requested accommodation or modification.

Generally, once the disability and the disability-related need have been established – either because they are obvious or already known to the housing provider, or because verification has been provided – housing providers may not deny a request unless the accommodation or modification would: 1) constitute a fundamental alteration to the services or operations of the housing provider, 2) impose an undue financial and administrative burden to the housing provider, or 3) constitute a direct threat to the health and safety of other tenants or threaten substantial damage to the property of others.

When is an accommodation (or modification) a Fundamental Alteration?

An accommodation constitutes a fundamental alteration when the accommodation would change the essential nature of the services or operations of the housing provider. For example, requesting that a landlord purchase groceries or walk a tenant’s dog is unrelated to the services that a housing provider would be expected to provide. It is likely that these types of accommodations would be considered a fundamental alteration of the services offered by a housing provider.

For more information on fundamental alterations and denials of reasonable accommodation or reasonable modification requests, please review our Fair Housing Presentation. You can also review the California Code of Regulations (2 CCR § 12179 (e)).

  • When the need for an accommodation or modification arises from the owner’s failure to upkeep the property or existing modification as required by contract, code, or law, fundamental alteration and undue financial and administrative burden do not apply.

    For more information on this exception, please review the language and examples in the California Code of Regulations (2 CCR § 12179 (d)(6)).

When does an accommodation (or modification) create Undue Financial and Administrative Burden?

The determination of whether there is an undue financial and administrative burden must be made on a case-by-case basis including the following factors:

  1. The cost of the requested accommodation or modification, if it will be paid by the housing provider;

  2. The financial resources of the housing provider;

  3. The benefits that an alternative accommodation or modification may provide to the individual with a disability;

  4. The availability of alternative accommodations or modifications that would effectively meet the disability-related needs of the individual with the disability;

  5. Where the housing provider is part of a larger entity, the resources of the larger entity; and

  6. Whether the need for the accommodation or modification arises from the owner’s failure to develop, maintain, or repair the property.

This list is a starting point—there are other factors that may weigh for or against finding an undue financial and administrative burden.

For more information on undue financial and administrative burden, please review the guidance in the California Code of Regulations (2 CCR § 12179 (d)).

When can a housing provider deny an accommodation as a Direct Threat?

Whether a requested accommodation poses a direct threat to the health and safety of others, or would cause substantial damage to the property of others, must be based on an assessment of objective evidence. This assessment must consider:

  1. The nature, duration, and severity of the risk;

  2. The likelihood that a direct threat will actually occur; and

  3. Whether there are additional or alternative accommodations that will eliminate the threat.

If the factors listed above show that a requested accommodation would likely pose a severe risk that cannot be mitigated by another accommodation, the accommodation will be considered unreasonable.

For more information on evaluating direct threat, please review the guidance in the California Code of Regulations (2 CCR § 12179 (b)(3)).

  • The determination of whether a requested accommodation poses a threat must be based on an individualized assessment of the person in need of the accommodation. Speculation or stereotypes about a specific disability or a disabilities in general are not sufficient.

    For more information on individualized assessments of direct threat, please review the guidance in the California Code of Regulations (2 CCR § 12179 (b)(3)(A)).

What if my landlord says that my request will be denied if I do not pay for the modification?

In some cases, the individual requesting a modification may be required to pay for the cost of installing or constructing the modification. When the person making the request is responsible for paying for the modification but refuses to pay or make arrangements to pay, the housing provider can deny the requested modification.

For more information on when a requestor may be required to pay for a modification, please review our FAQ page on Reasonable Modifications. For more guidance on reasonable modification denials related to costs, you can review the California Code of Regulations (2 CCR § 12181).

  • In addition to the upfront costs of installation, individuals who are responsible for paying for a modification may also be responsible for restoring their unit to the pre-modified state when they move out. The assessment of whether a tenant must restore a unit is based on whether the housing provider requested that the unit be restored when arranging the modification and whether the requested restoration is reasonable. This determination is made on a case-by-case basis.

    For more information, please review the guidance in the California Code of Regulations (2 CCR § 12179 (c)(4)).

What can I do if my request has been denied?

While a housing provider may deny an accommodation or a modification under limited circumstances, the initial denial is not the end of the accommodation process. Federal and California fair housing laws include an interactive process to allow the housing provider and the tenant to arrive at an alternative accommodation or modification that meets the needs of the individual with a disability.

  • The interactive process is a back-and-forth exchange between the tenant/applicant and the housing provider. The goal of this exchange is to find an accommodation or modification that meets the needs of the individual with the disability, while also ensuring that the housing provider is able to provide the accommodation. This process may require that the individual with a disability provide verification of their disability-related need, and it may require the housing provider to consult with the individual to ensure that any alternative accommodation will be effective.

    This process is not optional for the housing provider. The interactive process is mandated by California fair housing law.

    For more information on the interactive process, please review our FAQ page on the Interactive Process, or review our Fair Housing Presentation. For more guidance on the California requirements for the Interactive Process, you can review the California Code of Regulations (2 CCR § 12177).

  • If a housing provider has unlawfully denied a request for a reasonable accommodation or reasonable modification, or has refused to engage in the interactive process, you may need to seek assistance with a fair housing agency. In California, the Civil Rights Department has instituted a complaint process for all fair housing violations. You can find their complaint process here.

    For federal complaints, the Department of Housing and Urban Development handles fair housing issues. You can find their complaint process here.

    If these solutions do not work for your situation, you may need to seek additional help from a legal expert.