September 2025

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UPCOMING FAIR HOUSING PRESENTATIONS

30-Minute Presentation:

Intro to Fair Housing

Sunday 9/28 @ 2pm

Registration Link:

https://bit.ly/FairHousingIntro

30-Minute Presentation:

Reasonable Accommodations and ESAs

Monday 9/29 @ 10am

Registration Link:

https://bit.ly/FairHousingESAs

One Hour

Full Fair Housing Presentation

Monday 9/29 @ 2pm

Registration Link:

bit.ly/FairHousingPresentation

Fair housing protections are tools that housing applicants and tenants can use to prevent or end unlawful discrimination. Like many anti-discrimination protections, fair housing protections originate in federal laws that were passed during the Civil Rights Movement, and many of these protections have continued to grow over time. Since the passing of the Fair Housing Act in 1968, federal fair housing protections have grown to include new protected classes, and these expanded protections have been supplemented by the passage of state and local fair housing laws.

Federal, state, and local fair housing protections are fundamental to ensuring that all housing applicants and tenants have equal access to housing, but these protections can be complicated at first glance. To make fair housing laws a little more accessible, we created a three-part primer on the basics of fair housing protections.

This tip is the first in our three-part fair housing basics and covers frequently asked questions such as: who is protected under fair housing laws, who has a duty to provide these protections, and how these protections might apply to your housing experience. Protected Categories

PROTECTED CATEGORIES

Where do Fair Housing Protections come from?

Federal and state fair housing laws work hand-in-hand to provide comprehensive coverage for housing applicants and tenants. Federal protections primarily originate in the Fair Housing Amendments Act of 1988. These protections exist across different states within the United States. California-specific protections primarily originate in the Fair Employment and Housing Act. In addition to the primary federal and state protections, additional federal, state, and local protections may apply under different circumstances. It is important to speak to an expert to make sure that you are taking advantage of all protections available under fair housing laws.

Who is Covered under Fair Housing Protections?

Federal fair housing laws prohibit discrimination in housing based on seven characteristics:

• Race
• Religion
• Disability

• National Origin
• Color

• Sex
• Familial Status

In addition to the seven federally protected characteristics, California fair housing laws prohibit discrimination based on:

• Gender
• Gender Identity
• Gender Expression
• Sexuality
• Marital Status

• Ancestry
• Source of Income
• Primary Language
• Age
• Medical Condition

• Genetic Information
• Immigration Status
• Citizenship
• Military or Veteran Status

TYPES OF HOUSING

Which Housing Providers Fall under Fair Housing Laws?

Most housing providers fall under federal and state fair housing laws. Here is a non-exhaustive list of housing providers who must follow fair housing protections:

• Landlords
• Property Managers
• Mobile Home Parks
• Condo Complexes and HOAs
• Nursing Homes/Board and Cares
• Sober Living Homes
• Transitional and Interim Housing Providers
• Homeless Shelters
• Master Tenants/Sublessors
• Housing Authorities

What Types of Housing are Covered?

The federal Fair Housing Act and California’s Fair Employment and Housing Act cover most housing. There are very limited exemptions from fair housing protections—for example, owner-occupied buildings and single-family houses may qualify as exempt. However, most housing accommodations fall under either federal or state fair housing laws.

DISCRIMINATION, HARRASMENT, AND RETALIATION

Fair housing laws prohibit housing discrimination and harassment based upon membership in a protected category (for example, discrimination against an applicant based upon their race or national origin). These protections also prohibit retaliation against an applicant or tenant for reporting discrimination and harassment.

What Are Some Examples of Discrimination?

The following actions are considered unlawful discrimination when they are based upon a protected characteristic:

• Refusing to rent or sell housing;
• Refusing to negotiate for housing;
• Otherwise making housing unavailable;
• Setting different terms, conditions or privileges for sale or rental of a dwelling;
• Providing a person different housing services or facilities;
• Falsely denying that housing is available for inspection, sale or rental;
• Making, printing or publishing any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination;
• Imposing different sales prices or rental charges for the sale or rental of a dwelling;
• Using different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements;
• Evicting a tenant or a tenant’s guest;
• Harassing a person;
• Failing or delaying performance of maintenance or repairs;
• Limiting privileges, services or facilities of a dwelling;
• Discouraging the purchase or rental of a dwelling; and
• Assigning a person to a particular building or neighborhood or section of a building or neighborhood.

This is not an exhaustive list! Other actions that discriminate against an applicant or tenant based on their membership in a protected category will likely also qualify as unlawful discrimination.

What Are Some Examples of Harassment?

Harassment in housing falls into two main categories: Hostile Environment Harassment and Quid Pro Quo Harassment.

Hostile Environment Harassment

Hostile environment harassment refers to unwelcome conduct that is severe or pervasive enough to interfere with an individual’s use or enjoyment of their housing or housing services. The determination of whether a hostile environment has been created is based upon whether a reasonable person would feel that the environment is hostile under the circumstances. There is no need to show that physical or psychological harm has resulted from the unwelcome conduct, but it may help to show that a hostile environment exists.

For example, refusing to grant reasonable accommodations for individuals with disabilities may be considered hostile environment harassment. Individuals with disabilities are entitled to request necessary accommodations as a fair housing protection so that they can have equal access to use and enjoy their housing. By refusing to allow tenants with disabilities to submit requests, or by refusing to grant reasonable requests that are submitted, a housing provider would create a hostile environment in which tenants with disabilities are discouraged from exercising their housing rights.

Quid Pro Quo Harassment

Quid pro quo harassment refers to unwelcome requests or demands from a housing provider that require an individual to engage in specific conduct before they can access housing or housing services they are entitled to. This type of harassment may also include demands that tenants engage specific acts to avoid adverse treatment from their housing provider. This type of harassment often involves demands for sexual favors but may include any unwelcomed demands. Even if a tenant gives in to the demands, the demand may constitute quid pro quo harassment.

For example, refusing to allow an applicant to move into an available unit unless they go out on a date with the property manager would be considered quid pro quo harassment. Even if the applicant goes on the date and moves into the unit, the landlord’s demand would still be harassment.

What about Other Types of Conduct?

While harassment is often associated with physical contact, harassment can come in many forms, including written, verbal, or other forms of communication. Any of these forms of harassment can constitute hostile environment harassment, quid pro quo harassment, or both.

Below are some examples of conduct that are likely to constitute harassment:

Verbal Harassment

Examples of verbal harassment include the use of derogatory comments, slurs, and other language meant to disparage the target of the statements.

Physical Harassment

Examples of physical harassment include touching, pinching, patting, leaning over, intentional rubbing or brushing against another individual's body, grabbing, fondling, kissing, following a person, cornering a person, blocking a person's way, or otherwise deliberately interfering with or impeding a person's movements.

Visual Harassment

Examples of visual harassment include the making or posting of derogatory posters, cartoons, signs, or other documents.

Unwelcome Sexual Conduct

Unwelcome sexual conduct, or other unwelcome conduct based upon a tenant’s sex, gender, gender identity, gender expression, or sexual orientation is considered harassment.

Coercion, Intimidation, or Threats

Threatening, intimidating, or otherwise coercing tenants is considered harassment.

Adverse Actions

Taking adverse actions (for example, refusing to rent or delaying repairs to a unit) because a tenant has refused to engage in sexual favors or quid pro quo demands is harassment.

Disclosing Personal or Confidential Information

Disclosing a tenant’s medical or other confidential information to other tenants or third parties, including disability diagnoses or medical conditions, may be considered harassment.

What Qualifies as Retaliation?

Taking adverse actions against an individual because they have engaged in a protected activity is retaliation. Protected activities include, but are not limited to:

• Making a fair housing complaint under the federal Fair Housing Act, the California Fair Employment and Housing Act (FEHA), the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Unruh Act, or any other federal, state or local law protecting fair housing rights or prohibiting discrimination in housing;
• Testifying, assisting with, or participating in a fair housing proceeding;
• Reporting violations to law enforcement or other government agencies;
• Encouraging others to report harassment or other housing violations; and
• Requesting a reasonable accommodation or reasonable modification.

Even if there are valid reasons for taking adverse action against a tenant, that action may still constitute retaliation. For example, if a tenant is being evicted because they are late on rent, but the housing provider is also using the eviction to punish the tenant for filing a housing complaint, the housing provider is still violating fair housing protections by engaging in retaliation against the tenant. The tenant can use the retaliation as a defense during the eviction process.

Like other categories protected under fair housing laws, protections based on disability prohibit discrimination, harassment, and retaliation against applicants and tenants with disabilities. For example, fair housing laws prohibit housing providers from refusing to rent or sell a property to an individual based on their disability.

However, there are a few additional protections available to individuals with disabilities. Accommodations and modifications are special protections that individuals with disabilities can request if they will allow the individual equal access to their housing. A housing provider’s refusal to grant reasonable accommodations or reasonable modifications is unlawful disability discrimination.

DEFINITION OF A DISABILTY

What Qualifies as a Disability?

Under California law, a disability is a physical or mental condition that limits a major life activity. Major life activity is a broad term that covers mental, physical, and social activities such as working, eating, walking, breathing, etc. To limit a major life activity, the condition only needs to make the activity more difficult to perform.

What does Disability Discrimination Look Like?

Discrimination against a person with disabilities can come in many forms. For example, a landlord can refuse to rent to a person with a disability, or they can refuse to grant an existing tenant a reasonable accommodation that they need to fully use and enjoy their apartment. These forms of discrimination can even affect individuals who do not currently have disabilities. You can see some examples of prohibited discrimination below.

Stereotyping

Stereotypes are generalizations that are applied to a group of people. These generalizations are not necessarily based on fact, and they can lead to discrimination against vulnerable populations. For example, individuals with mental illnesses are sometimes stigmatized and may be subject to negative stereotypes, such as “people with mental illnesses are more violent.” Harmful stereotypes can lead to landlords refusing to rent to individuals simply because they have a mental illness or other disability. However, this would be unlawful discrimination.

Landlords and other housing providers are prohibited from discriminating against a person because they have a disability or due to the type of disability they have. A landlord cannot refuse to rent or continue to rent to a person on the grounds that they have a mental illness. Any adverse action must be based on the individual person’s actions and history, not stereotypes.

History of Disability

Not all discrimination against a disability is based on an individual’s current disability. In some cases, an individual may experience discrimination based upon a disability they used to have. Discrimination based upon a former disability is also prohibited by fair housing laws.

For example, consider a tenant with reduced physical mobility related to a medical treatment. This physical limitation could qualify as a physical disability and could result in a need for reasonable accommodations or reasonable modifications. Even after the tenant’s treatment has completed, and their physical mobility has been restored, a landlord might unlawfully refuse to allow the tenant to renew their lease because of their prior need for an accommodation. Even though the tenant may no longer be considered disabled, the refusal to rent would still be considered unlawful discrimination against a person with a disability under fair housing laws.

Perceived Disability

Individuals who do not have a disability can also experience unlawful discrimination based upon a disability. For example, a landlord may discriminate against a housing applicant who is a veteran because the landlord thinks or believes that the applicant may have post-traumatic stress disorder (PTSD) – a disorder that disproportionately affects veterans – and does not want to rent to people with PTSD. Although the applicant may not actually have PTSD, they are still protected against discrimination based on the perceived disability. In California, this applicant would also have protection against discrimination based on their status as a veteran.

Disclosure of Disability Diagnosis

Under federal and California law, a housing provider is prohibited from sharing a tenant’s diagnosis or disability with other tenants. This includes the verification of disability documentation and the request for an accommodation or modification. Sharing this information is a violation of fair housing laws.

REASONABLE ACCOMMODATIONS

What are Reasonable Accommodations?

A reasonable accommodation is an exception to a rule or policy that allows individuals with disabilities to equally enjoy their housing. Housing providers, such as landlords, are generally required to grant requests for reasonable accommodations under California and federal fair housing laws.

Below are some common examples of reasonable accommodations:

Emotional Support Animals (ESAs)

Emotional support animals are domesticated animals that can provide therapeutic support for individuals with mental health illnesses and disabilities. These animals are not required to perform a specific task, but the owner may need to request a reasonable accommodation to allow their ESA in their housing unit.

Parking Spaces

Requesting an additional or closer parking space is a common accommodation. Many different physical and mental health disabilities can benefit from this accommodation to increase the access of the person with the disability or access for support staff.

Later Due Date for Payment of Rent

Some individuals with disabilities receive their benefit payments some time after the first day or even first week of the month. This makes paying rent at the beginning of the month very difficult, and can result in landlords imposing late fees. It is possible to request that a rent payment date is moved later in the month as an exception for an individual with a disability.

Early Termination of Lease

An individual with a disability may need to move before the expiration of their lease term to accommodate the needs of their disability. For example, a tenant may need to move into a unit that provides more access to necessary services or support staff, or there may be conditions in their current unit that severely exacerbate the effects of their disability. In these cases, the individual may request that they be allowed to break their lease without penalty as a reasonable accommodation.

Hoarding

Hoarding is a specific mental health diagnosis that qualifies as a mental health disability, but hoarding-like behaviors may also be the result of other mental health conditions, such as depression or post-traumatic stress disorder. Physical disabilities, such as severe health issues or decline due to aging, can also interfere with an individual’s ability to clean or declutter.

The most common accommodations associated with hoarding are requests for additional time to comply with the lease or health and safety regulations. Because the causes of hoarding behavior are so varied, and because the support needed to declutter can vary, different people will require different timelines. Each request for an accommodation should be evaluated based upon the specific needs of the individual.

Caregivers and Live-In Aides

Some disabilities may require assistance from support staff. This can include live-in aides or part-time aides that provide in-home support services. Examples of accommodations that may be necessary for individuals with support staff include adding a live-in aide to the lease, additional or closer parking spaces, additional bedrooms for long-term care or medical equipment, access to the building for support staff, etc.

Transferring Units

Transferring to a different living unit is a common accommodation. For example, a tenant may need to temporarily transfer units to mitigate anxiety attacks triggered by ongoing construction noise, or a tenant may need to permanently transfer units to a lower floor because an injury prevents them from climbing stairs.

REASONABLE MODIFICATIONS

What are Reasonable Modifications?

A reasonable modification is a physical change to a personal living space or common area. These changes may be necessary for an individual with a disability to equally use and enjoy their housing, and housing providers are required to allow reasonable modifications under fair housing laws. Unlike reasonable accommodations, reasonable modifications may include costs that the tenant is responsible for paying.

Below are some common examples of reasonable accommodations:

Installing Ramps

Ramps are one of the most common and visible forms of a reasonable modification. They can provide individuals with physical mobility disabilities access to housing that would otherwise be inaccessible. For example, a building that requires the use of stairs to access the main common areas may install a ramp to allow access for individuals who use wheelchairs.

Installing Shower Grab Bars

Requesting an additional or closer parking space is a common accommodation. Many different physical and mental health disabilities can benefit from this accommodation to increase the access of the person with the disability or access for support staff.

Installing Flashing Doorbells/Alarms

Some individuals with disabilities receive their benefit payments sometime after the first of the month. This makes paying rent by the first very difficult. It is possible to request that a rent payment date is moved later in the month as an exception for an individual with a disability.

Installing Auto-Shutoff Stoves or Faucets

Some mental health disabilities may also require physical or structural changes. For example, individuals with disabilities that affect attention span or focus may sometimes leave faucets or stoves on without realizing it. This can be hazardous, but the installation of modern stoves and faucets that automatically shut off after a short period of time can practically eliminate this issue.

Under federal and California fair housing law, a landlord may not refuse to make reasonable accommodations or reasonable modifications when they are necessary to allow an individual with a disability to equally use and enjoy their housing. Additionally, the review process does not immediately end when a landlord believes that they cannot immediately grant a request. The landlord must still engage with the person making the request through the Interactive Process.

THE INTERACTIVE PROCESS

The interactive process is a back-and-forth exchange between the tenant/applicant and the housing provider. The goal of this exchange is to find an accommodation or modification that meets the needs of the individual with the disability, while also ensuring that the housing provider is able to provide the accommodation.

The interactive process covers three main issues:

1. Verification of Disability;
2. Denials of Unreasonable Requests; and
3. Alternative Accommodations or Modifications.

While the interactive process is not guaranteed to come to a solution, it is an integral part of fair housing protections. In California, the interactive process is mandatory and must take place before a request can be lawfully denied. If a housing provider does not engage in the interactive process, denial of a request for an accommodation or modification may be unlawful.

VERIFICATION OF DISABILITY

Can my landlord ask for proof of my disability?

A request for a reasonable accommodation or reasonable modification must be made by or on behalf of an individual with a disability, and that individual must also have a disability-related need for the requested accommodation or modification. If the disability is not already known to the housing provider, or if the connection between the accommodation and the disability is unclear, a housing provider may be entitled to request more information as a part of the interactive process.

The person requesting the accommodation can supply this information in the form of a verification letter written by the individual with the disability or by a reliable third party who is familiar with the disability. Reliable third parties include, but are not limited to:

• Medical or mental healthcare professionals familiar with the disability and treatment plan;
• A peer support group of individuals with similar conditions;
• Non-medical support persons, such as case workers, social workers, or In-Home Support Service (IHSS) workers who support the individual with the disability; and
• Family members who provide care for the individual with the disability.

It is important to remember that, while housing providers may request verification of a disability, they are not entitled to request the disability diagnosis, information about medical conditions, the severity of the disability, medical records, or other disability or medical issues unrelated to the request. It should be sufficient to verify that the person in need of the request has a disability, and that the accommodation will allow that person to equally use and enjoy their housing.

What information should be included in the verification letter?

A verification letter does not need to be written in a specific format, but it should include a few key bits of information:

1. The letter should state that the individual in need of the accommodation has a disability and how the person writing the letter is familiar with the disability;
2. The letter should explain how the symptoms of the disability are negatively impacting the individual in need of an accommodation; and
3. The letter should explain how the accommodation will reduce these negative effects.

These three points help to establish the reliability of the person verifying the disability and should be sufficient to verify that a disability and a disability-related need exist.

DENIALS OF UNREASONABLE REQUESTS

Generally, once the disability and the disability-related need have been established – either because they are obvious or already known to the housing provider, or because verification has been provided – housing providers may not deny a request unless the accommodation or modification is unreasonable. An accommodation or modification is considered unreasonable when it would:

1. Constitute a fundamental alteration to the services or operations of the housing provider;
2. Impose an undue financial and administrative burden to the housing provider; or
3. Constitute a direct threat to the health and safety of other tenants or threaten substantial damage to the property of others.

When is an accommodation (or modification) a Fundamental Alteration?

An accommodation constitutes a fundamental alteration when the accommodation would change the essential nature of the services or operations of the housing provider. For example, requesting that a landlord purchase groceries or walk a tenant’s dog is unrelated to the services that a housing provider would be expected to provide. It is likely that these types of accommodations would be considered a fundamental alteration of the services offered by a housing provider.

Exception: Owner’s Failure to Develop, Maintain, or Repair

When the need for an accommodation or modification arises from the owner’s failure to upkeep the property or existing modification as required by contract, code, or law, fundamental alteration and undue financial and administrative burden do not apply.

When does an accommodation (or modification) create Undue Financial and Administrative Burden?

The determination of whether there is an undue financial and administrative burden must be made on a case-by-case basis including the following factors:

1. The cost of the requested accommodation or modification, if it will be paid by the housing provider;
2. The financial resources of the housing provider;
3. The benefits that an alternative accommodation or modification may provide to the individual with a disability;
4. The availability of alternative accommodations or modifications that would effectively meet the disability-related needs of the individual with the disability;
5. Where the housing provider is part of a larger entity, the resources of the larger entity; and
6. Whether the need for the accommodation or modification arises from the owner’s failure to develop, maintain, or repair the property.

This list is a starting point—there are other factors that may weigh for or against finding an undue financial and administrative burden.

When can a housing provider deny an accommodation as a Direct Threat?

Whether a requested accommodation poses a direct threat to the health and safety of others, or would cause substantial damage to the property of others, must be based on an assessment of objective evidence. This assessment must consider:

1. The nature, duration, and severity of the risk;
2. The likelihood that a direct threat will actually occur; and
3. Whether there are additional or alternative accommodations that will eliminate the threat.

If the factors listed above show that a requested accommodation would likely pose a severe risk that cannot be mitigated by another accommodation, the accommodation will be considered unreasonable.

Individualized Assessment

The determination of whether a requested accommodation poses a threat must be based on an individualized assessment of the person in need of the accommodation. Speculation or stereotypes about a specific disability or a disabilities in general are not sufficient.

What if my landlord says that my request will be denied if I do not pay for the modification?

In some cases, the individual requesting a modification may be required to pay for the cost of installing or constructing the modification. When the person making the request is responsible for paying for the modification but refuses to pay or make arrangements to pay, the housing provider can deny the requested modification.

Returning a unit to pre-modified status

In addition to the upfront costs of installation, individuals who are responsible for paying for a modification may also be responsible for restoring their unit to the pre-modified state when they move out. The assessment of whether a tenant must restore a unit is based on whether the housing provider requested that the unit be restored when arranging the modification and whether the requested restoration is reasonable. This determination is made on a case-by-case basis.

What can I do if my request has been denied?

While a housing provider may deny an accommodation or a modification under limited circumstances, the initial denial is not the end of the accommodation process. The interactive process requires the housing provider to try to find an alternative accommodation or modification that meets the needs of the individual with a disability.

ALTERNATIVE ACCOMMODATIONS AND MODIFICATIONS

Housing providers are not required to grant un-reasonable accommodations or modifications. For example, if granting an accommodation would create an excessive financial and administrative burden upon a housing provider, even after considering the size and resources available to the provider, then that accommodation may be lawfully denied. However, even if a requested accommodation is not reasonable, the disability-related need for requesting the accommodation does not go away.

If a housing provider has determined that a specific accommodation or modification cannot be granted because it would be unreasonable, they must still attempt to find an alternative that would meet the needs of the individual with the disability. In this case, the housing provider can suggest potential alternative accommodations or modifications that they believe will effectively meet the needs articulated in the original request. The alternative accommodation or modification can then be evaluated by the person with the disability, as they are in the best position to know if the suggested accommodation will meet their needs.

Do I have to accept my landlord’s alternative accommodation (or modification)?

No, it is not mandatory to accept an alternative that has been provided by your housing provider. California fair housing law gives significant weight to the opinion of the person with the disability, because they are the individual with the most accurate knowledge of the effects their disability imposes. If you do not think that an alternative is as effective at lessening the effects of your disability as the original accommodation or modification, you do not have to accept the alternative.

Similarly, you do not have to accept an alternative when the original accommodation or modification was not lawfully denied. Housing providers are not entitled to suggest alternatives when the original accommodation or modification is reasonable.

What if my landlord uses the interactive process to delay my request?

The interactive process is not an excuse for a housing provider to delay granting a reasonable accommodation or reasonable modification. Housing providers are required to evaluate requests promptly and on a case-by-case basis, which includes timely reviewing information provided as a part of the interactive process. This also includes requesting more information when needed and considering whether a request for an accommodation is urgent.

If a housing provider intentionally delays granting or reviewing a request, or if they create delay by not requesting or reviewing follow-up information as part of the interactive process, their delay may be considered an unlawful denial of the request.

The Fair Housing Tip of the Month campaign is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP Grant #FEOI230010. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD.

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