Reasonable Accommodations
Toolkit and FAQs

No. An applicant or resident is not entitled to receive a reasonable accommodation unless one is requested.

A reasonable accommodation does not have to be in writing. You can ask for one verbally as long as the housing provider understands that you are making a disability-related request. Although you can make a verbal request, it is best to document that request or follow up in writing.

As mentioned earlier, a reasonable accommodation request may be made verbally or in writing. If made verbally, consider bringing someone with you who can witness the request.

If the request is in writing, you can send a letter and keep a copy for yourself, and you can use Certified Mail to track your request. If you hand deliver a copy, make sure you have made a copy of the request for your records. If you send an email, you can save and/or print a copy of the email showing a time and date stamp.

The housing provider should keep this information confidential and not share it with other people unless the information is needed to make a decision to grant or deny a reasonable accommodation request, or unless disclosure is required by law (e.g., a court-issued subpoena requiring disclosure).

A reasonable accommodation request can be denied for the following reasons:

1. If the required verification of the disability and the disability-related need for the accommodation is not provided.

2. If granting the accommodation would impose an undue financial and administrative burden on the housing provider.

3. If it would fundamentally alter the nature of the provider's operations.

4. If granting the reasonable accommodation would constitute a "direct threat" to the health, safety or property of other residents.

Housing providers may not ignore reasonable accommodation requests or take too long to respond. If they are unable to grant the request, they must work with a tenant to find another solution or explain why they are denying it.

No. While a housing provider may provide a formal procedure in assessing a reasonable

accommodation request, failure to follow this procedure alone should not result in the denial of a request that is properly made and supported.

No. Housing providers may not require persons with disabilities to pay extra fees or increase rent or deposits in order to receive a reasonable accommodation. If the accommodation causes an undue financial and administrative burden, the housing provider has the right to deny the accommodation but must provide the reason for the denial and show that no lower cost alternative is possible.

A landlord should not retaliate against you for requesting an accommodation. Retaliation can include: harassment, refusal of repairs, eviction attempts, or any type of differential treatment after exercising your fair housing rights.

In the event that there is resistance to the accommodation request, you have several options:

• continued efforts at creating a reasonable accommodation amenable to both parties.

• contacting a fair housing agency like Project Sentinel for further counseling on your fair housing rights.

• filing a complaint with the U.S. Department of Housing and Urban Development (HUD) for administrative enforcement.

• filing a complaint with the California Department of Fair Employment and Housing (DFEH) for administrative enforcement.

• seeking a private attorney to enforce the reasonable accommodation via civil action.