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§ 12180. Other Requirements or Limitations in the Provision of Reasonable Accommodations and Mo...

2 CA ADC § 12180BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 4.1. Department of Fair Employment and Housing
Chapter 5. Fair Employment and Housing Council
Subchapter 7. Discrimination in Housing
Article 18. Disability
2 CCR § 12180
§ 12180. Other Requirements or Limitations in the Provision of Reasonable Accommodations and Modifications; and Examples.
(a) Other requirements or limitations in the provision of reasonable accommodations and modifications include:
(1) It is unlawful to charge a fee or require an additional deposit or financial contribution as a condition of receiving, processing, or granting a reasonable accommodation or modification, except as set forth in section 12181.
(2) The fact that an accommodation may impose some cost on the person providing the accommodation or modification is not grounds for denial of a request, so long as the cost does not constitute an undue financial and administrative burden under section 12179.
(3) It is unlawful for a person to request or require that an individual with a disability or representative waive the right to request a future accommodation or modification.
(b) Some requests may be either a request for a reasonable accommodation or a request for a reasonable modification, depending on the facts. A request should be considered, if appropriate, under both standards regardless of the wording of the request. For example, depending on the circumstances, removing the carpeting in a dwelling unit may be either a reasonable accommodation or a reasonable modification, as follows:
(1) Example of circumstances where removal of carpeting may constitute a reasonable accommodation: Hiromi uses a wheelchair and asks the owner for a modification to remove the carpeting for mobility access. The owner has a practice of not permitting a tenant to change flooring in a unit, but there is a smooth, finished floor underneath the carpeting. The owner must consider the request under these regulations, including sections 12176 through 12181, and specifically including section 12180(b). Generally, removing the carpet or allowing the tenant to do so would be a reasonable accommodation for which the owner is responsible.
(2) Example of circumstances where removal of carpeting may constitute a reasonable modification required to be paid for by owner: Clarita lives in a property that is part of a federally subsidized housing program. She uses a wheelchair and asks the owner for a modification to remove the carpeting for mobility access. There is no finished flooring underneath the carpeting. The owner must consider the request under these regulations, including sections 12176 through 12181, and specifically including subsection 12180(b). Generally, removing the carpeting and installing a finished floor would be a reasonable modification that would have to be done at the tenant's expense. Since the property is part of a federally subsidized housing program, the modifications will be made at the owner's expense pursuant to subsection 12181(h) and the requirements of federal law.
(3) Example of factors to be considered in determining whether a request is for a reasonable accommodation or a reasonable modification: Jacinta uses a wheelchair and asks the owner to remove the carpeting for mobility access. She does not specify whether she is asking for a reasonable accommodation or a modification. The owner must consider the request as a request for either or both a reasonable accommodation and a reasonable modification under these regulations, including sections 12176 through 12181, and specifically including section 12180(b). In this building, the owner has a practice of replacing the carpeting before a new tenant moves in, and there is an existing smooth, finished floor underneath. Generally, this would be a reasonable accommodation of the owner's normal practice of installing new carpeting for the owner to just take up the old carpeting and wait until Jacinta moves out to put down new carpeting.
(c) Examples of Reasonable Accommodation:
(1) Example of a reasonable accommodation request for a parking space in close proximity to a unit. Progress Gardens is a 300 unit apartment complex with 450 parking spaces which are available to tenants and guests of Progress Gardens on a first-come, first-served basis. John applies for housing in Progress Gardens. John has a mobility disability and is unable to walk more than a short distance and therefore requests that a parking space near his unit be reserved for him so he will not have to walk very far to get to his apartment. Without a reserved space, John might be unable to live in Progress Gardens at all or, when he has to park in a space far from his unit, might have great difficulty getting from his car to his apartment unit. The accommodation therefore is necessary to afford John an equal opportunity to use and enjoy a dwelling. The owner must consider the request under these regulations, including considering whether it constitutes an undue financial and administrative burden as defined in section 12179, engaging in the interactive process under section 12177, and assessing whether the request is necessary pursuant to section 12178 and section 12176 as needed. Because the cost of reserving a space is likely minimal in light of the overall budget of a 300 unit apartment complex, the accommodation does not constitute an undue burden as defined in section 12179(d). This is true even if the owner must incur some expenses such as creating signage, repainting markings, or changing their policies regarding assigned spaces or wait lists for parking. Also, since providing parking spaces is part of the essential operations of this apartment complex, the accommodation is not a fundamental alteration, as defined in section 12179(e). Therefore, in the absence of additional relevant facts, the requested accommodation should be granted.
(2) Example of a reasonable accommodation request to pay and receive communications through a representative payee. Miguel is an individual with cognitive impairments that limit his ability to manage his financial affairs. Miguel uses a third party representative payee. He requests that he be able to pay rent through the payee rather than pay directly from his checking account, and that any nonpayment notices be sent to his representative payee as well as himself. This accommodation is necessary because without it Miguel might not be able to pay rent in a regular and timely manner which is necessary for him to fulfill his obligation as a tenant. The owner must consider the request under these regulations, including considering whether it constitutes an undue financial and administrative burden as defined in section 12179, engaging in the interactive process under section 12177, and assessing whether the request is necessary pursuant to section 12178 and section 12176, as needed. Because the cost is likely minimal in light of the overall budget of most apartment complexes, the accommodation does not constitute an undue burden as defined in subsection 12179(d). Since processing rent payments is part of the essential operations of the apartment complex, the accommodation is not a fundamental alteration, as defined in subsection 12179(e). Therefore, in the absence of additional relevant facts, the requested accommodation should be granted.
(3) Example of a reasonable accommodation request to add a co-signer to a rental lease. Abigail, an individual with a disability, receives only SSI (Supplemental Security Income), a government benefit based on her inability to work because of her disability. She requests that she be permitted to add a co-signer on her rental lease in order to meet the minimum income qualifications. If the combined income of Abigail and the co-signer constitutes sufficient income to meet the reasonable minimum income qualifications in light of Abigail's and the co-signer's other financial obligations, and if Abigail would not otherwise be able to rent this apartment, this accommodation may be necessary. The owner must consider the request under these regulations, including considering whether it constitutes an undue financial and administrative burden as defined in section 12179, engaging in the interactive process under section 12177, and assessing whether the request is necessary pursuant to section 12178 and section 12176, as needed. Because the cost is likely minimal in light of the overall budget of most apartment complexes, the accommodation does not constitute an undue burden as defined in section 12179(d). Since making changes to application and screening criteria is part of the essential operations of the apartment complex, the accommodation is not a fundamental alteration, as defined in section 12179(e). Therefore, in the absence of additional relevant facts, the requested accommodation should be granted.
(4) Example of a reasonable accommodation request for additional time to perform a housing-related action. Tuan has quadriplegia and uses a power wheelchair, which can make it difficult for him to travel. He must make arrangements with a paratransit agency and it cannot always accommodate his requests without significant advance notice. He requests a reasonable accommodation for additional time to come into the mortgage servicer's office to sign a loan modification application, even though the mortgage servicer's normal practice is to give little advance notice of the meeting. This accommodation may be necessary because without it Tuan may be unable to sign the loan modification application and so receive the loan modification. The mortgage servicer must consider the request under these regulations, including considering whether it constitutes an undue financial and administrative burden as defined in section 12179, engaging in the interactive process under section 12177, and assessing whether the request is necessary pursuant to section 12178 and section 12176 as needed. Because the cost is likely minimal in light of the overall budget, the accommodation does not constitute an undue burden as defined in subsection 12179(d). Since processing loan modification applications is part of the essential operations of the mortgage servicer, the accommodation is not a fundamental alteration, as defined in subsection 12179(e). Therefore, in the absence of additional relevant facts, the requested accommodation should be granted.
(5) Example of a reasonable accommodation request for an emotional support animal for a visitor. Michiko requests an exception to her property's no-pets policy as a reasonable accommodation so that her friend Yoshi, who has a non-apparent disability, is able to visit with his emotional support animal. Yoshi, as an individual with a disability, is entitled to reasonable accommodations. Michiko may request such an accommodation on behalf of Yoshi. As the disability is non-apparent, the owner may request information establishing the disability and the disability-related need for the animal. Discrimination is prohibited against individuals associated with an individual with a disability. Denying Michiko the right to have visitors of her choice, like other tenants, because her visitor has a disability would constitute discrimination against Michiko because of her association with an individual with a disability. Because without this accommodation Michiko will not be able to receive Yoshi as a visitor at her apartment, which is a standard benefit of being a leaseholder, this accommodation may be necessary to provide Michiko an equal opportunity to use and enjoy a dwelling, and is therefore a necessary accommodation. The owner must consider the request under these regulations, including considering whether it constitutes an undue financial and administrative burden as defined in section 12179, engaging in the interactive process under section 12177, and assessing whether the request is necessary pursuant to section 12178 and section 12176, as needed. Because the cost to process the request is likely minimal in light of the overall budget, the cost of providing an accommodation does not constitute an undue burden as defined in subsection 12179(d). Further, since determining the appropriateness of assistance animals is part of the essential operations of the apartment complex, the accommodation is not a fundamental alteration, as defined in subsection 12179(e). Therefore, in the absence of additional relevant facts or unless the animal poses a direct threat to the health or safety of others or would cause substantial physical damage to the property of others, or unless Yoshi fails to provide the necessary information, the accommodation should be granted. (Note if Yoshi has a service animal, rather than a support animal, the animal would be permitted pursuant to subsection 12185(b) without the need to request an accommodation.)
(6) Example of a reasonable accommodation request to modify a housing-related municipal policy or ordinance. Marita wants to install a ramp to enable her son, who uses a wheelchair, to enter and leave her house without assistance. Given the small lot, the ramp will extend slightly beyond the permitted set-back requirements on Marita's lot but will still be within Marita's property line and will not cross a public right of way. Marita requests a reasonable accommodation from the city to modify the city's policy or ordinance regarding set-back requirements on her property. Because without the ramp Marita's son would not be able to use the house like any other dweller (coming and going without assistance), this accommodation is necessary to afford him an equal opportunity to use and enjoy a dwelling. The city must consider the request under these regulations, including considering whether it constitutes an undue financial and administrative burden as defined in section 12179, engaging in the interactive process under section 12177, and assessing whether the accommodation is necessary pursuant to section 12178 and section 12176, as needed. Because the cost of processing and permitting her request is likely minimal in light of the city's overall budget, the accommodation does not constitute an undue burden as defined in subsection 12179(d). Since reviewing building alterations is part of the essential operations of the city, the accommodation is not a fundamental alteration, as defined in subsection 12179(e). Therefore, in the absence of additional relevant facts, the requested accommodation should be granted. The city must not charge Marita a fee for processing her request, whether or not it is granted, under subsection 12180(a)(1). (Note that reasonable accommodations may also be available to Marita if the ramp did extend beyond her property line into a public right of way, but a further interactive process might be warranted on those specific facts).
(7) Example of a reasonable accommodation request for expedited repairs to a housing-related condition. Teresa lives in a second floor apartment in a medium-sized apartment building with a single elevator that was working when she moved in. Last month her leg was amputated and she now uses a wheelchair. The elevator in the building is broken. Teresa cannot leave her home without assistance on the stairs. She requests that the owner expedite repairs to the elevator and offer her the first available ground floor unit. Her request is necessary because there is a nexus between Teresa's disability and her request; without the requested accommodations she will not be able to access her unit using the common area. The owner must consider the request under these regulations, including engaging in the interactive process under section 12177. If the repair would be required by law as part of the owner's obligation to maintain the apartment, the accommodations would not constitute an undue burden as defined in subsection 12179(d). Since making repairs is part of the essential operations of the apartment complex, the accommodation is not a fundamental alteration, as defined in subsection 12179(e). See subsection 12179(d)(6). Therefore, in the absence of additional relevant facts, the requested accommodation should be granted. Depending on the time it takes to repair the elevator, or particular difficulties for Teresa, additional accommodation requests may be made that would need to be considered.
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955 and 12955.3, Government Code; and Auburn Woods I Homeowners Ass'n v. Fair Employment and Housing Com'n (2004) 121 Cal.App.4th 1578.
HISTORY
1. New section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38).
2. Change without regulatory effect amending subsections (a)(2) and (b)(1)-(7) filed 12-12-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 50).
3. Amendment of section heading, section and Note filed 11-19-2021; operative 1-1-2022 (Register 2021, No. 47).
This database is current through 4/22/22 Register 2022, No. 16
2 CCR § 12180, 2 CA ADC § 12180
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