Rights of Persons With Disabilities in
Housing and Places of Public Accommodation

Federal and state law require that persons with disabilities get full and equal access to housing and to places of "public accommodation," which includes virtually all businesses.

WHAT IS DISABILITY?
A person with a disability is someone with a physical, mental, or cognitive impairment that limits one or more major life activities. It includes cancer and AIDS.

Housing rights of persons with disabilities
 
Rights of persons with disabilities at places of public accommodation

Equal Access to Housing

It is illegal to refuse to sell, rent, or lease housing to an individual based upon a disability, or to claim that housing is not available when it is available. Housing providers who rent, lease or provide property for compensation must use the same criteria for selecting all tenants.

WHEN YOU APPLY FOR HOUSING

If you have a disability, the following may be illegal acts of discrimination:

• A landlord refuses to rent to you on the same terms offered to others
• A landlord refuses to grant your request for a reasonable accommodation that would allow you to live in a unit and enjoy it fully (You may request an accommodation in the application phase, during tenancy, or in the context of eviction.)
• A landlord refuses to allow you to make reasonable modifications to your unit.

A landlord may not ask:

• "Do you have a disability?"
• "How severe is your disability?"
• "May I have permission to see your medical records?"

A landlord may ask you about your disability if you request a reasonable accommodation during the rental application process and during the tenancy. You do not have to tell the landlord the specifics of your disability or give him a full copy of your medical history. You only need to provide proof that you have a disability, and that an accommodation is necessary to provide you with full use and enjoyment of your unit. (It may be helpful to explain specifically why the accommodation is needed.)

The type of information you provide depends on your situation. It can come from a doctor, another medical professional, or a service agency.

After You Become A Tenant, the landlord or rental agent must make reasonable accommodations in rules, policies, practices, and services to give a person with a disability an equal opportunity to occupy and enjoy full use of a dwelling unit or common space.

When are reasonable accommodations required? Landlords must permit apartments to be made accessible to persons with disabilities, at the renter's expense, if the modification is necessary to afford the renter full enjoyment of the unit. The renter must agree to pay reasonable costs of restoring the premises to its original condition after the renter leaves. (The landlord may require the renter to deposit in escrow a reasonable amount to cover that cost.)

Examples of reasonable accommodations for a tenant:

• A tenant fails to pay rent on time due to a medical condition. The landlord agrees to accept the rent two weeks later.
• A landlord accommodates a tenant with a mobility impairment by granting a closer parking space to the dwelling unit.

For more information about housing rights of persons with disabilities, visit the web site for the Office of Attorney General for the State of California.

Equal Access to Public Accommodation

The law gives people with disabilities the right to equal access to places of "public accommodation." It also prohibits discrimination against persons with disabilities at public accommodations.

What is a "public accommodation"? The term is broadly defined and includes virtually all business establishments, including restaurants, bars, hotels, shopping centers, retail stores, dry cleaners, private schools, hospitals and daycare centers.

For example, places of public accommodation must:

• Provide goods and services in the most integrated setting possible. For example, a hairdresser may not place a customer with a disability in a separate part of the shop simply because of the disability.

• Make reasonable modifications to policies, practices, and procedures in order to make their goods and services available to people with disabilities. For example, businesses with a "no pets allowed" policy must modify the policy by making an exception for service animals used by people with disabilities.

• Remove structural and architectural barriers where readily achievable. Examples of barriers are curbs and steps; narrow doorways and aisles; restroom stalls that are too narrow for use by a person who uses a wheelchair; and inaccessible drinking fountains and telephones. "Readily achievable" means "easily accomplishable and able to be carried out without much difficulty or expense."

If you believe you have been discriminated against in Santa Monica or if you have further questions, contact the Consumer Protection Unit of the City Attorney's Office.

For a complete description of the equal-access requirements under the Americans With Disabilities Act (ADA). For more information about the ADA, visit ADA home page. .

This page was last modified on 05/29/2008