California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 7 - Discrimination in Housing › Article 18 - Disability › Section 12177 - The Interactive Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Whenever a person who receives a request for a reasonable accommodation or
					 modification cannot immediately grant the requested accommodation or
					 modification, the Act requires the person considering the request to engage in
					 an interactive process with the individual with a disability or the
					 individual's representative. The purpose of the interactive process is to
					 exchange information to identify, evaluate, and implement a reasonable
					 accommodation or modification that allows the individual with a disability
					 equal opportunity to use and enjoy a dwelling or housing opportunity. The Act
					 does not predetermine the outcome of any interactive process. However, the Act
					 requires that the interactive process be timely (pursuant to subsection (d))
					 and that it be conducted in good faith. Good faith means the person considering
					 the request must make a fair and honest effort to engage in the interactive
					 process and to consider the request.
(b) If the person considering the request for
					 accommodation or modification believes they do not have sufficient information
					 to establish either that a disability exists or the nature of the
					 disability-related need for the accommodation or modification, or if the nexus
					 between the disability and the requested accommodation or modification is not
					 clear to the person considering the request for accommodation or modification,
					 the person considering the request for accommodation must seek clarification or
					 additional information pursuant to section
					 12178 from the individual with a
					 disability or the individual's representative. The person considering the
					 request must not deny it for lack of information without first requesting the
					 clarification or additional information and providing a reasonable opportunity
					 for the individual requesting the accommodation to provide it.
(c) If the person considering the request
					 believes that the initially requested accommodation or modification cannot be
					 granted for a reason permitted under subsections
					 12179(b)-(c) or
					 section 12181, the person considering the
					 request must try to identify if there is another accommodation or modification
					 that is equally effective and must discuss with the individual with the
					 disability or the individual's representative whether other alternative
					 accommodations or modifications would be equally effective in meeting the needs
					 of the individual with a disability. Equally effective means that the
					 alternative accommodation or modification will allow the person with the
					 disability to use and enjoy a dwelling or housing opportunity as well as the
					 requested accommodation or modification would have. If an alternative
					 accommodation or modification would effectively meet the disability-related
					 needs of the individual and could not be lawfully denied for a reason permitted
					 under subsection
					 12179(b)-(c), the
					 person considering the request must grant it. The individual requesting the
					 accommodation or modification is not obligated to accept an alternative
					 accommodation or modification if the alternative accommodation or modification
					 will not meet the needs of the individual with the disability and the initially
					 requested accommodation or modification could not be lawfully denied for a
					 reason permitted under section
					 12179. The individual with the
					 disability has the most accurate knowledge about the functional limitations
					 posed by their disability, and therefore the individual's preferences should be
					 given significant weight.
(d)
					 Requests for reasonable accommodations or modifications must be promptly
					 considered as determined on a case-by-case basis. The time necessary to respond
					 to a request depends on many factors, including:
(1) The nature of the accommodation or
					 modification under consideration;
(2) Whether it is necessary to obtain
					 supporting information because the disability or the need for the accommodation
					 or modification is not obvious or known to the person considering the
					 request;
(3) Whether the
					 accommodation or modification is needed on an urgent basis; and
(4) Whether it is necessary to engage in the
					 interactive process to resolve the request.