Legal Rights of Persons With Disabilities - Ossh.com

CHAPTER 2
HOUSING
I. HOUSING DISCRIMINATION
STATE LAW
Individuals with physical and mental disabilities have the right under state law to rent, lease, or buy
housing accommodations free from discrimination due to a disability. (See Chapter 1 for definitions of
disability; Civ. Code, '' 51, 54, subd.(b), and 54.1; Gov. Code, '' 12926, subds. (i) and (k), 12955 and
12955.3.)
A person renting, leasing or providing real property for compensation must use the same criteria
for selection of disabled and non-disabled individuals. An "owner" includes anyone who rents or sells
housing, including another renter with a lease, a real estate agent or broker, a salesperson, or a state or local
government agency. (Gov. Code, ' 12927, subd. (e); Civ. Code, ' 54.1.) The FEHA also prohibits
disability discrimination by financial institutions and persons making, printing or publishing
advertisements. (Gov. Code, ' 12955, subds. (c) and (e).)
It is illegal to refuse to sell, rent, or lease housing to an individual because the person has a
disability, or to assert that housing is not available when it actually is available. All housing
accommodations are covered under state law, except, under certain circumstances, those in which only one
room is rented in a single family residence. (Civ. Code, ' 54.1; Gov. Code, ' 12927,
subd. (c)(2)(A).)
Equal access to housing for individuals with disabilities includes the right of a person with a visual
impairment to keep a guide dog, a person with a hearing impairment to keep a signal dog, or any other
person with a disability to keep a service dog, even if pets are not ordinarily allowed in the residence. (Civ.
Code, ' 54.1, subd. (b)(6)(A).) Tenants can be held liable for damages to real and personal property caused
by guide dogs, signal dogs or service dogs. (Civ. Code, '' 54.1,
subd. (b)(6)(B) and 54.2.) Any person who rents, leases or otherwise provides real property to persons with
disabilities may not deny them the right to make reasonable modifications at their expense to accommodate
their disabilities if they agree to restore the premises to its pre-existing conditions. (Civ. Code, ' 54.1,
subd. (b)(3)(A).) An owner may not discriminate against an individual with a disability who is dependent
on a spouse's income if the spouse is included on the rental agreement or lease, but together a couple must
meet the owner's credit and financial requirements. (Civ. Code, ' 54.1,
subd. (b)(7).)
A person discriminated against on the grounds of disability pursuant to Civil Code section 54.1 can
ask the local district attorney, city attorney, the Department of Rehabilitation acting through the Attorney
General, or the Attorney General to bring an action to enjoin the violation, or to seek other remedies, or he
or she may bring a private legal action. (Civ. Code, '' 55 and 55.1.)
A person can file a complaint with DFEH for a violation of the FEHA within one year from the
date upon which the discrimination occurred or can file a suit on his or her own behalf. (Gov. Code, ''
12980 and 12989.1.)
10