Disability Rights in California Housing
You are entitled to fair housing disability rights if you are disabled and living in the state of California. The Golden State has specific housing rights for disabled tenants that prevent landlords, in both public and private housing, from discriminating against disabled persons. In California disability rights in housing also includes making reasonable accommodations for disabled tenants. Disabled residents should know how to file a housing discrimination claim against landlords, property managers and owners in the event of unlawful housing practices. Federal law defines disability as “any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment or is regarded as having such an impairment.” Find out more about housing rights for disabled people in California by reviewing the topics below.
California Disability Rights in Housing
Housing rights for disabled tenants apply to both public and private accommodations. California disability rights in housing practices influence what a housing provider cannot do and must do. Housing rights for disabled people in California prohibit discrimination, mandate reasonable accommodations and effects future construction. The following disability housing rights in California are imposed by federal laws:
- No discrimination
- Reasonable accommodations
- Tenant modifications
- Tenant accessibility
Fair housing disability rights prohibit discrimination against persons with disabilities. It is against the law for a landlord to refuse to rent or sell a home to a person because that person has a disability. Neither can a landlord impose a different application process or qualification criteria for persons who are disabled.
California disability rights in housing mandate that landlords must provide reasonable accommodation for disabled persons. Fair housing disability rights state that they must change policies, practices of rules if necessary to ensure that disabled tenants have equal opportunities to live safely in and enjoy the accommodation. Under California disability rights in housing, landlords must do everything in their capacity to assist disabled tenants. They are not, however, required to make alterations that would fundamentally change the accommodation or lead to an undue administrative or financial burden. For instance, housing provider can be forced to build an additional room because the tenant did not accurately determine the number of bedrooms needed.
Housing rights for disabled people in California permit disabled tenants to make reasonable structural modifications to allow them safe and enjoyable use of the accommodation and facilities. According to the housing rights for disabled tenants, the tenant is usually responsible for the expense of these modifications. As a disabled tenant of federal-assisted housing in California, fair housing disability rights may hold the property owner financially responsible for these modifications.
Housing rights for disabled people in California require that new multifamily accommodations must be accessible by the disabled. According to the fair housing disability rights, homes with more than a certain number of units built with an elevator must fulfill certain design and building qualifications from common-use areas to the dwelling unit.
To learn more about California disability rights in housing, download our comprehensive guide.
California Fair Housing Disability Rights Violations
Housing rights for disabled people in California are supported by the Fair Housing Act, which prohibits all forms of discrimination including those against disabilities. If your fair housing disability rights have been violated, then the Department of Housing and Urban Development (HUD) is available to help you. HUD handles violations against housing rights for disabled people tenants through a claims process that can result in conciliation between you and the respondent, investigation and penalties.
You can obtain the Housing Discrimination Complaint Form online to complete and submit, or download and send with a letter to HUD. You may also telephone your local HUD office for advice. You should file as soon as possible as there is a deadline to file a housing complaint after an alleged violation.
When you are filing a housing discrimination complaint about a violation of your fair housing disability rights, you will need to provide HUD with some specific information so they will be able to act in accordance with regulations. Your housing rights for disabled tenants complaint should include your name and address as well as the name and contact details of the person your complaint is against. You must also give HUD the address of the accommodation involved and a brief description of the alleged violation and the date(s) it occurred. Once you have filed a complaint, you will receive notification from HUD and they will also investigate your complaint to see if the Fair Housing Act has been violated. HUD will get in touch with the respondent and allow them to answer your allegations. HUD will attempt to reach an agreement with the respondent and if an agreement is reached and signed by you and the respondent, no further action will be taken. Should the agreement be breached at a later date, HUD will ask the attorney general file a lawsuit.
To learn more about violations of housing rights for disabled tenants, download our comprehensive guide.
What Housing Help Can I Get Through HUD?
California residents can receive various types of housing assistance, from federal housing aid to home loans and more. Additionally, the Department of Housing and Urban Development offers CA residents counseling services, which cover how to avoid foreclosure, how to buy a home and how to rent a living space, to name only a few topics. Find out everything you need to know about housing assistance programs in California by downloading our comprehensive HUD guide.
Who Is Eligible to Receive Housing Help in California?
In order to receive housing help from the state of California, you typically need to meet the income requirements of the specific assistance program you are applying for. These necessary qualifications often refer to the income of the household, based on the number of members. Find out if you and your household are eligible for housing assistance here.