Disabled individuals have the right to access comfortable, safe housing. Your disability should not prevent you from having a roof over your head, and you are protected by various state and federal laws in this regard. What kinds of protections do you enjoy as a disabled person searching for accessible housing? How do you fight for your rights in an effective manner? What should you do if you encounter a situation in which a landlord or company is restricting your rights? Can you take action if you experienced disability-based discrimination? These are all questions you might want to ask your disability discrimination lawyer.
The California Fair Employment and Housing Act (FEHA)
If you are serious about fighting for your rights as a disabled person, consider California’s Fair Employment and Housing Act (FEHA). This law states that any discrimination based on disability is illegal in the housing sector. The definition of discrimination is relatively simple in this context: If someone treats you differently than an average person specifically because of your disability, you are experiencing housing discrimination.
What are Some Examples of Housing Discrimination Based on Disability?
Housing disability discrimination can occur in many different forms. In the context of unequal treatment, your landlord might charge you extra rent because of your disability. They might also ask you to stop engaging in activities related to your disability, such as using machinery or medical devices in your home.
One of the most obvious examples of disability discrimination involves physical barriers that prevent you from accessing your home. You might be unable to navigate to the entrance in a wheelchair due to a staircase and no ramp. You might struggle to open the front door with a set of keys, perhaps due to partial or total paralysis.
If these barriers exist, your landlord or housing management company might be legally required to provide solutions. These accommodations might include ramps, elevators, and automatic doors activated with fobs instead of keys.
Another subtle form of disability is forcing you to rent a unit on the ground floor if you have a wheelchair or you’re experiencing mobility issues. Regardless of what your landlord says, you have the right to request a rental unit at the second, third, or higher floors. You are not “automatically” limited to a ground-floor unit just because you have a disability.
Can My Landlord Evict Me Because of My Disability?
FEHA prevents your landlord from evicting you specifically because of your disability. In California, this could be interpreted as a form of illegal “retaliation.” For example, you might complain about the lack of access based on your disability. In response, your landlord might invent some bogus reason to evict you.
Even if your landlord appears to have a legitimate, non-disability-related reason for evicting you, the truth may eventually become clear. If you suspect you are being evicted specifically because of your disability, you should speak with a disability discrimination lawyer in California. Your lawyer might be able to uncover evidence that proves the eviction is occurring only because of your disability.
Can I Request Accommodations Based on My Disability?
You may be able to request “reasonable” accommodations and modifications due to your disability. If it becomes clear that these accommodations are necessary to provide you with equal use and enjoyment of your housing, they may be legally required under California law.
However, you should know that your housing provider can push back in certain situations. First, they may argue that the accommodation would “fundamentally alter” the housing. They might also attempt to avoid making these modifications by claiming that they represent an “undue burden.” Finally, the modifications might not be possible if they would cause safety threats or property damage for other parties.
Although these arguments could be successful, you can push back with help from a lawyer. Your attorney can challenge the arguments of your housing providers, perhaps establishing that your proposed modifications do not represent undue burdens.
Disabled People Might Be Able to Circumvent “No Pet” Policies
Many disabled people in California depend heavily on service animals for assistance. These animals are not exactly “pets,” and their assistance may be crucial for the very survival of disabled people. In the same way that a landlord must accommodate someone with a wheelchair, they must also accommodate someone with a wheelchair. Among other laws, these rights are guaranteed under the Disabled Persons Act of 1968.
Even if a landlord has a no-pets policy, they may need to make an exception for disabled people with service animals. You can also submit a request for a service animal after moving into a rental unit. For example, you might suffer a disability five years after moving into your rental home. In this case, you could submit a written request for a service animal – and your landlord would likely need to accept this request. This is true even if you both agreed on a no-pets policy when you originally moved in.
Note that the definition of a service animal is quite broad in California. The obvious example is a dog specially trained to help a blind person. Service animals may also assist those in wheelchairs. However, “emotional support animals” may also fall into this category – especially for people with mental disorders and disabilities.
If you are experiencing issues with your service animal, consider speaking with an experienced disability discrimination lawyer. These legal professionals may be able to help you bring an animal into your new rental home – or request an accommodation if you’ve already moved in.
How Can a Disability Discrimination Lawyer Help Me Access Housing?
A disability discrimination lawyer in California may be able to help you fight for your housing rights. If you are experiencing needless barriers during your search for accessible housing, you might have the right to take legal action. You might also take action if you are being threatened with eviction solely because of your disability. State and federal laws protect disabled people against housing discrimination in California, and you have every right to fight for your rights with help from an experienced legal professional. Consider working with McGuinness Law Group to discuss your next potential steps.