THE INTERACTIVE PROCESS

The interactive process is a back-and-forth exchange of information between housing providers and individuals who submit a request for an accommodation or modification. The goal of this exchange is to provide necessary information to review a request or, when a requested accommodation or modification has been determined to be unreasonable, identify alternatives that will still meet the needs of the individual with the disability.

Housing providers are required to engage in the interactive process in good faith to ensure that individuals with disabilities are granted an equal opportunity to use and enjoy their housing without an undue delay. Once a request has been made, a housing provider must evaluate the request in a timely manner to determine whether the requested accommodation or modification can immediately be granted. If the housing provider cannot immediately grant the request, then they must begin the interactive process.

While the interactive process is not guaranteed to come to a solution, it is an integral part of fair housing protections. In California, the interactive process is mandatory and must take place before a request can be lawfully denied. If a housing provider does not engage in the interactive process, denial of a request for an accommodation or modification may be unlawful.

Can my landlord ask for proof of my disability?

A request for a reasonable accommodation or reasonable modification must be made by or on behalf of an individual with a disability, and that individual must also have a disability-related need for the requested accommodation or modification. If the disability is not already known to the housing provider, or if the connection between the accommodation and the disability is unclear, a housing provider may be entitled to request more information during the interactive process.

The person requesting the accommodation can supply this information in the form of a verification letter written by the individual with the disability or by a reliable third party who is familiar with the disability. Reliable third parties include, but are not limited to:

  • Medical or mental healthcare professionals familiar with the disability and treatment plan;

  • A peer support group of individuals with similar conditions;

  • Non-medical support persons, such as case workers, social workers, or In-
    Home Support Service (IHSS) workers who support the individual with the disability; and

  • Family members who provide care for the individual with the disability.

It is important to remember that, while housing providers may request verification of a disability, they are not entitled to request the disability diagnosis, information about medical conditions, the severity of the disability, medical records, or other disability or medical issues unrelated to the request. It should be sufficient to verify that the person in need of the request has a disability, and that the accommodation will allow that person to equally use and enjoy their housing.

For more information on disability verification, please see our Fair Housing Tip on verification of disabilities or our Fair Housing Manual. You can also review guidance on verifying a disability in the California Code of Regulations (2 CCR § 12178).

  • A verification letter does not need to be written in a specific format, but it should include a few key bits of information:

    1. The letter should state that the individual in need of the accommodation has a disability and how the person writing the letter is familiar with the disability;

    2. The letter should explain how the symptoms of the disability are negatively impacting the individual in need of an accommodation; and

    3. The letter should explain how the accommodation will reduce these negative effects.

    These three points help to establish the reliability of the person verifying the disability and should be sufficient to verify that a disability and a disability-related need exist.

    For more information on disability verification, please see our Fair Housing Tip on verification of disabilities or our Fair Housing Manual. You can also review guidance on verifying a disability in the California Code of Regulations (2 CCR § 12178).

Alternative Accommodations and Modifications

Housing providers are not required to grant un-reasonable accommodations or modifications. For example, if granting an accommodation would create an excessive financial and administrative burden upon a housing provider, even after considering the size and resources available to the provider, then that accommodation may be lawfully denied. However, even if a requested accommodation is not reasonable, the disability-related need for requesting the accommodation does not go away.

If a housing provider has determined that a specific accommodation or modification cannot be granted because it would be unreasonable, they must still attempt to find an alternative that would meet the needs of the individual with the disability. In this case, the housing provider can suggest potential alternative accommodations or modifications that they believe will effectively meet the needs articulated in the original request. The alternative accommodation or modification can then be evaluated by the person with the disability, as they are in the best position to know if the suggested accommodation will meet their needs.

For more information on when an accommodation or modification can be considered unreasonable, please review the FAQ page on Denials. You may also want to review the California Code of Regulations on denials of requests for reasonable accommodations (2 CCR § 12179).

For more information on alternative accommodations and modifications, you can review the guidance offered in the California Code of Regulations (2 CCR § 12177).

  • No, it is not mandatory to accept an alternative that has been provided by your housing provider. California fair housing law gives significant weight to the opinion of the person with the disability, because they are the individual with the most accurate knowledge of the effects their disability imposes. If you do not think that an alternative is as effective at lessening the effects of your disability as the original accommodation or modification, you do not have to accept the alternative.

    Similarly, you do not have to accept an alternative when the original accommodation or modification was not lawfully denied. Housing providers are not entitled to suggest alternatives when the original accommodation or modification is reasonable.

    For more information on alternative accommodations and modifications, you can review the guidance offered in the California Code of Regulations (2 CCR § 12177).

What if my landlord uses the interactive process to delay my request?

The interactive process is not an excuse for a housing provider to delay granting a reasonable accommodation or reasonable modification. Housing providers are required to evaluate requests promptly and on a case-by-case basis, which includes timely reviewing information provided as a part of the interactive process. This also includes requesting more information when needed and considering whether a request for an accommodation is urgent.

If a housing provider intentionally delays granting or reviewing a request, or if they create delay by not requesting or reviewing follow-up information as part of the interactive process, their delay may be considered an unlawful denial of the request.

For more information on the interactive process and undue delay, you can review the guidance offered in the California Code of Regulations(2 CCR § 12177 (d) & (e)).