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§ 12176. Reasonable Accommodations and Reasonable Modifications.

2 CA ADC § 12176BARCLAYS 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 § 12176
§ 12176. Reasonable Accommodations and Reasonable Modifications.
(a) A reasonable accommodation is an exception, change, or adjustment in rules, policies, practices, or services when such an accommodation may be necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling unit and public and common use areas, or an equal opportunity to obtain, use, or enjoy a housing opportunity.
(b) A reasonable modification is a change, alteration or addition to the physical premises of an existing housing accommodation, when such a modification may be necessary to afford the individual with a disability an equal opportunity to use and enjoy a dwelling unit and public and common use areas, or an equal opportunity to obtain, use, or enjoy a housing opportunity.
(c) It is a discriminatory housing practice for any person to refuse to make reasonable accommodations unless providing the requested accommodation would constitute an undue financial and administrative burden or a fundamental alteration of its program, or if allowing an accommodation would constitute a direct threat to the health and safety of others (i.e. a significant risk of bodily harm) or would cause substantial physical damage to the property of others, as defined in subsection 12179(b) or 12185(d)(9).
(d) It is a discriminatory housing practice for any person to refuse to allow an individual with a disability the opportunity to make reasonable modifications to the premises of an existing housing accommodation that is occupied by or will be occupied by an individual with a disability, except pursuant to sections 12179 through 12181.
(e) Confidentiality Regarding Reasonable Accommodations and Modifications.
(1) All information concerning an individual's disability, request for an accommodation or modification, or medical verification or information must be kept confidential and must not be shared with other persons who are not directly involved in the interactive process or decision making about the requested accommodation or modification unless disclosure is:
(A) Required to make or assess the decision to grant or deny the request for accommodation or modification;
(B) Required to administer or implement the requested accommodation or modification;
(C) Authorized by the individual with the disability in writing; or
(D) Required by law.
(f) Requests for Reasonable Accommodations and Modifications.
(1) The individual with a disability seeking a reasonable accommodation or modification must make a request for such accommodation or modification.
(2) The request for a reasonable accommodation or modification may be made by the individual with a disability, a family member, or someone authorized by the individual with a disability to act on their behalf (“representative”).
(3) A request for a reasonable accommodation or modification need not be made in a particular manner or at a particular time. An individual makes a reasonable accommodation or modification request at the time they request orally or in writing, or through a representative, an exception, change, or adjustment to a practice, or a modification to an existing housing accommodation, because of a disability, regardless of whether the phrase “reasonable accommodation” or “reasonable modification” is used as part of the request. A request for a reasonable accommodation or reasonable modification may be made at any time, including during the inquiry or application process, before purchase or lease, while seeking or enjoying a housing opportunity, during the tenancy or occupancy of a housing accommodation, during litigation, at or after trial, and after judgment in appropriate circumstances.
(4) The duty to provide reasonable accommodations and modifications is an ongoing one. Some individuals with disabilities require only one reasonable accommodation or modification, while others may need more than one. Still others may need one reasonable accommodation or modification for a period of time, and then at a later date, require another type of reasonable accommodation or modification. Another individual may need both a reasonable accommodation and a reasonable modification. Each request must be considered separately under the standards in this Article.
(5) Adopting a formal procedure may aid individuals with disabilities in making requests for reasonable accommodations and modifications and may make it easier to assess those requests and keep records of the considerations given the requests. An individual requesting an accommodation or modification may be asked to use a form or follow a particular procedure. However, a person may not refuse a request or refuse to engage in the interactive process because the individual with a disability or their representative did not use the preferred forms or procedures. The forms and procedures used may not seek information that is not necessary to evaluate if a reasonable accommodation or modification may be needed to afford an individual with a disability equal opportunity to use and enjoy a dwelling or housing opportunity, such as the information prohibited in section 12178.
(6) A person responsible for responding to accommodation and modification requests must treat a request by an individual with a disability for assistance in completing forms or in following procedures, or a request for alternative methods of communication during the reasonable accommodation or modification process, as a request for a reasonable accommodation that must be responded to in the same manner as any other request. In many circumstances, such requests, or the person considering the request, may also be covered by the American with Disabilities Act (ADA) and its accompanying regulations requiring the provision of auxiliary aids and services and alternative methods of communication.
(7) An individual with a disability may request a reasonable accommodation in financial policies or policies that impose a financial burden when such accommodations may be necessary to afford an individual with a disability an equal opportunity under subsection (a) of this section, subject to the defenses in section 12179. Examples of such economic accommodations may include: waiving guest fees or other fees; waiving fees or providing additional time to pay fees for city clean-up of a property; and allowing a prospective tenant to use a co-signer when their limited income, so limited because of a disability, does not qualify them for the unit.
(8) Reasonable Accommodation and Modification Requests in Unlawful Detainer Actions.
(A) An individual with a disability may raise a failure to provide a reasonable accommodation or modification as an affirmative defense to an unlawful detainer action.
(B) A request for a reasonable accommodation or reasonable modification in unlawful detainer actions can be made at any time during the eviction process, including at or after trial, and in certain circumstances after eviction. A reasonable accommodation request that is made during or following an unlawful detainer action is subject to the same regulations that govern reasonable accommodation requests at any other time. For example:
(i) Example demonstrating that a reasonable accommodation can be requested during an unlawful detainer proceeding. Rowan is an individual with a disability who receives Social Security Disability on the sixth day of each month. He is served a three-day day notice to pay rent or quit on the second day of the month, but is unable to pay until after the notice expires. As a result, the owner files an unlawful detainer action. At trial, Rowan requests an accommodation to pay his rent on the sixth instead of the first, including allowing a late payment for the month at issue in the trial. 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, and engaging in the interactive process under section 12177 as needed.
(ii) Example demonstrating that a reasonable accommodation can be requested after judgment has been entered. Chelsea is an individual with a physical disability. The owner filed a successful unlawful detainer action unrelated to her disability. Chelsea partially moved out the day after the trial, but was unable, without help, to move some larger items (e.g. her couch, bed and dresser) to her new apartment. Because of the disability, she could not lift or carry anything heavy. She requested some additional time as a reasonable accommodation to arrange for help to move her furniture. 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 (for example if the owner has the capacity to leave the items in the unit for a period of time or if the unit is not re-rented), and engaging in the interactive process under section 12177 as needed.
(iii) Example demonstrating that a reasonable accommodation and a reasonable modification can be requested while an unlawful detainer action is pending. Angelique is an individual with a mobility disability. The owner has filed an unlawful detainer action, alleging that she has violated the lease because her wheelchair is damaging the carpets and door frames in her unit. Angelique requests both an accommodation dismissing the unlawful detainer, since the damage was unavoidable as a result of her disability, and a reasonable modification allowing her, at her own expense, to widen the door frames in her unit and put in a hard-surface floor covering. The owner must consider the requests under these regulations, including engaging in the interactive process under section 12177 as needed, and considering whether there are any lawful reasons to decline either request pursuant to section 12179, and whether the requests for reasonable modifications are otherwise outside the scope of section 12181.
(iv) Example demonstrating that a reasonable modification can be requested after judgment has been entered. Miguel, a tenant in an unlawful detainer loses at trial, but is granted a stay pending appeal of the trial court's decision. The appeal is not likely to be resolved for many months. Immediately after trial, Miguel has a minor stroke that limits his mobility. He now requires the use of grab bars in the bathroom for safety. Miguel is willing to cover all costs of the modification. The owner must consider the request under these regulations, including engaging in the interactive process under section 12177 as needed.
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 article 18 (sections 12176-12185) and section filed 9-16-2019; operative 1-1-2020 (Register 2019, No. 38).
2. Change without regulatory effect amending subsections (a) and (c)(8)(B)(i)-(ii) 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 § 12176, 2 CA ADC § 12176
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