Beth Rosen-Prinz Regional Administrator California Department of Fair Employment & Housing

 Statistical trends.  Importance of awareness of rights & responsibilities.  Laws addressing disability. ◦ Fair Employment & Housing Act (FEHA) (Cal. Gov’t Code §12900 et seq.). ◦ Unruh Civil Rights Act (Cal. Civ. Code § 51). ◦ Disabled Persons Act (Cal. Civ. Code § 54 et seq.). ◦ Fair Housing (Amendments) Act (FHAA) (42 U.S.C. § 3601 et seq.). ◦ Americans with Disabilities Act (ADA) (42 U.S.C. § 12101). ◦ Section 504 of the Rehabilitation Act (29 U.S.C. § 701).

 Who is protected?  Who has obligations?  What are the obligations?

 People with mental or physical disabilities.  People who have a record or history of a disability.  People who are regarded or perceived as having a disability.  People who are associated with a person with a disability.

 A disease, disorder or condition that affects one or more body systems and limits a major life activity.  Major life activities include seeing, hearing, speaking, walking, breathing, learning, working, caring for oneself.  Limits means making achievement of the major life activity difficult.

 Current illegal drug use.  History of criminal behavior.  History of sex offenses.

 In California–virtually every person or entity that provides housing or housing related services.  Includes owners, managers, property management companies, condominium associations, lenders, insurance companies, developers, architects, local governments.  Only exemption: owner of single family residence renting a room to one person.

 Do not discriminate because of disability in any housing-related activity (e.g., sales, rental, terms & conditions, advertisements).  Provide reasonable accommodation in rules, policies, practices or services.  Permit reasonable modification of the unit and/or common area.  Provide accessibility in new construction (1991) and areas of public access (e.g., rental offices).

 Change in rule, policy, practice, or service that is necessary to permit a person with a disability an equal opportunity to use and enjoy a dwelling.  Usually entails minimal or no cost but landlord responsible for any costs involved.

 Structural/physical change in unit that is necessary to permit a person with a disability an equal opportunity to use and enjoy a dwelling. ◦ E.g., construction of ramp, lowering of cabinets, widening of doorways.  Tenant normally responsible for all costs ◦ Exception: federally funded properties subject to Section 504 of the Rehabilitation Act.

 Fair housing laws require accessible features for all multi-family housing (3+ rental units (in California), 4+ condominium units) built for first occupancy on or after 3/13/91.  ADA not applicable to residential housing except for public areas (e.g., rental office).

 Request initiated by tenant.  Interactive process required.  Landlord may request verification of disability and need for accommodation. ◦ Not entitled to medical records or detailed information about the nature and severity of disability. ◦ Unlawful to question tenant about details of disability.  Landlord must provide accommodation unless landlord can demonstrate undue administrative or financial burden or fundamental alteration in program.

 Request initiated by tenant.  Interactive process required.  Landlord may request verification of disability and need for modification. ◦ Not entitled to medical records or detailed information about the nature and severity of disability. ◦ Unlawful to question tenant about details of disability.  Landlord must permit modification but may require that work be done in “workman-like” manner. May also require plans, permits, and, if reasonable, restoration to original condition.

 Accessible parking.  Assistive animals in “no pet” building.  Change in due date of rent.  “No smoking” areas.

 2011 ADA Regulations.  Confusion re: applicability of ADA to residential housing.  ADA v. FHAA & FEHA. ◦ Broad definition of assistive animals under FHAA/FEHA.

 Service animals.  Companion/emotional support animals.  Training requirements.  “Pet” deposits.  Maintenance responsibilities.

 Economic accommodations: ◦ Co-signers. ◦ Third party checks. ◦ Section 8 vouchers.  Behavioral issues: ◦ Direct threat. ◦ Hoarding.

Beth Rosen-Prinz Regional Administrator California Department of Fair Employment & Housing (213) (800)