California Renters: Disability Parking Rights & Accommodations

Finding accessible parking at your rental property in California can be essential for tenants with disabilities. California law ensures that people with disabilities have specific rights to reasonable parking accommodations, helping you maintain your independence and comfort where you live.

Understanding Your Right to Accessible Parking in California

Under California and federal law, tenants with disabilities are entitled to request reasonable accommodations, which may include:

• Reserving an accessible parking space close to your unit
• Modifying the property to create accessible parking if none exist
• Adjusting parking policies (such as assigning a “visitor” spot for your exclusive use)

These rights are protected under the California Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). Landlords must provide these accommodations unless doing so would cause an undue financial or administrative burden or fundamentally change their business.

How to Request a Parking Accommodation

If you need a parking accommodation at your rented home or apartment, you have the right to formally request it from your landlord. Here’s how you can do it:

• Requests do not have to be made on a specific form, but it’s always best to have it in writing for documentation.
• Your request should explain the nature of your disability-related need and the specific parking accommodation you seek.
• The landlord may ask for simple verification of your disability (such as a doctor’s note), but cannot ask for detailed medical records.

Sample Form: Reasonable Accommodation Request

The Reasonable Accommodation and Reasonable Modification Request Form (California Civil Rights Department, no official number) can be used as a template to send to your landlord. For example, you might submit this form if you need a dedicated parking space closer to your apartment after an injury or recent diagnosis.

• Download the Reasonable Accommodation Request form

What Happens After You Make a Request?

After you submit a request, your landlord is required by law to respond, usually within a reasonable time. They may:

• Approve the request as stated
• Engage with you in an interactive process to find a workable solution
• Only deny the request if it causes an undue hardship or is unreasonable

Common issues can include:

• The landlord not responding
• Accommodations being unreasonably denied
• Retaliation for making a request (which is illegal)

Where to File a Complaint If Accommodations Are Denied

If your landlord refuses to provide a necessary parking accommodation, you can file a complaint through the California Civil Rights Department (CRD), which enforces state discrimination laws relating to housing.

• The main tribunal handling these matters is the California Civil Rights Department.
• You can file online or download forms from the department’s website.

Key Legislation Covering Disability Parking Rights

• California Fair Employment and Housing Act (Government Code §§ 12900-12996)
• California Civil Rights Department – Complaint Process
• Federal Americans with Disabilities Act

These laws ensure you can request and receive fair parking accommodations where you live in California.

FAQ: Disability Parking for California Renters

1. Can my landlord charge extra for providing an accessible parking space?
   No, your landlord generally cannot charge you extra for a reasonable accommodation such as an accessible parking space. Reasonable accommodations must be provided at no additional cost to tenants with disabilities.¹
2. What if my building has no accessible parking at all?
   If there’s no accessible parking, you can still request that the landlord modify parking areas or policies, as long as it’s not an undue hardship for them. You may use the Reasonable Accommodation Request form to do this.
3. How long does a landlord have to respond to my parking accommodation request?
   Landlords should respond as soon as possible, typically within 10-15 days. Delays beyond a reasonable time may be considered a denial.
4. What proof do I need for a disability parking accommodation?
   You may be asked for verification from a medical professional that you have a disability and require the accommodation, but detailed medical records are not required.
5. Who enforces these rights in California?
   The California Civil Rights Department investigates and enforces housing discrimination complaints, including those about disability parking accommodations.

Key Takeaways for California Renters

• You can request an accessible parking space as a reasonable accommodation under state and federal law.
• Use a written request, preferably with the official Reasonable Accommodation form, to document your needs.
• If your landlord refuses, contact the California Civil Rights Department for help.

Knowing your rights makes it easier to navigate accessibility challenges and advocate for your needs as a renter in California.

Need Help? Resources for Renters

• California Civil Rights Department (CRD): File discrimination complaints, get legal information, and download forms.
• U.S. Department of Housing and Urban Development - California Resources: Find federal resources for tenants with disabilities.
• California Courts – Housing Self-Help: Guides on renters’ rights and self-advocacy in court.

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1. California Civil Rights Department – Disability Access Rights Overview
2. California Government Code § 12955.3
3. Department of Justice – ADA Requirements for Parking
4. CRD Housing Complaint Process

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