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 12178 - Establishing that a Requested Accommodation or Modification is Necessary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
					 individual with a disability or their representative makes a request for an
					 accommodation or modification that provides reliable information about the
					 disability and how the requested accommodation or modification is necessary to
					 afford the individual with a disability equal opportunity to use and enjoy a
					 dwelling or housing opportunity, then the person considering the request may
					 not request any additional information about the individual's disability or the
					 disability-related need for the accommodation or modification.
(b) If the disability of the individual
					 requesting an accommodation or modification is apparent or known by the person
					 considering the request, and it is also apparent or known how the requested
					 accommodation or modification is necessary to afford the individual with a
					 disability equal opportunity to use and enjoy a dwelling or housing
					 opportunity, then the person considering the request may not request any
					 additional information about the requestor's disability or the
					 disability-related need for the accommodation or modification. Known means that
					 the person considering the request is personally aware of the disability or the
					 need for the accommodation or modification. Apparent means that either the
					 disability or the need for the accommodation or modification is obvious,
					 although the person considering it did not know about it before the request was
					 made. For example, if a tenant with quadriplegia who uses a power wheelchair
					 goes in person to the off-site management office for their apartment building
					 and requests an accommodation in the form of moving to a first-floor apartment
					 and a modification in the form of a ramp at the entry to the first floor
					 apartment, and the management office knows that the apartment building does not
					 have a functional elevator and that the front entry to the first floor
					 apartment is not wheelchair-accessible, the management office may not request
					 further information about the disability before evaluating the request for an
					 accommodation and modification.
(c)
					 If the disability of the individual requesting an accommodation or modification
					 is apparent or known by the person considering the request, but the need for
					 the requested accommodation or modification is not readily apparent or known,
					 then in order to evaluate the disability-related need for the accommodation or
					 modification, the person considering the request may request only information
					 that:
(1) Describes the needed accommodation
					 or modification; and
(2) Shows the
					 relationship between the individual's disability and how the requested
					 accommodation or modification is necessary to afford the individual with a
					 disability equal opportunity to use and enjoy a dwelling or housing
					 opportunity.