Filing a Disability Discrimination Complaint as a California Renter

If you’re renting in California and believe your landlord has discriminated against you because of a disability, you have important protections under state law. It’s crucial to know how to file a disability discrimination claim, what steps are involved, and the official resources available to help make housing fair and accessible for all renters.

Understanding Disability Discrimination in California Rentals

Disability discrimination occurs when a landlord refuses to rent, imposes different rules, fails to provide reasonable accommodations, or otherwise treats a tenant unfavorably due to a physical or mental disability. California law—the Fair Employment and Housing Act (FEHA)—offers robust protections for renters with disabilities. Landlords must provide reasonable accommodations (like service animals or accessible parking) unless it poses an undue hardship or fundamentally changes housing operations.

Your Rights Under California Law

• Landlords cannot deny tenancy based on a renter's physical or mental impairment.
• Renters are entitled to request reasonable modifications, such as installing grab bars or ramps.
• It’s illegal for landlords to retaliate against tenants for requesting accommodations or filing a claim.

These rights stem from the California Fair Employment and Housing Act and federal laws like the Fair Housing Act.

How to File a Disability Discrimination Claim in California

If you believe you have experienced disability discrimination, you can file a complaint with the California Civil Rights Department (CRD), previously known as the Department of Fair Employment and Housing. The CRD investigates housing discrimination and enforces tenant rights under state law.

Step 1: Gather Relevant Evidence

• Copies of your lease agreement
• Written requests for accommodation and the landlord’s responses
• Any other documentation (emails, letters, photos) showing discriminatory actions

Having strong documentation will help your claim get processed smoothly.

Step 2: Complete the Official Complaint Form

• Form Name: California Civil Rights Department Intake Form
• When and How It’s Used: Use this form to officially begin a discrimination investigation. California renters can file the CRD Intake Form online, by mail, or by phone. For example, if your landlord refuses to permit a service animal, you can use this form to file your complaint with the CRD.

The official complaint process page explains how to file and what to expect.

Step 3: Filing Your Complaint

• You have one year from the date of the alleged discrimination to file.
• File online at the CRD portal, mail your completed Intake Form, or call 1-800-884-1684 for assistance.
• The CRD will review and may investigate your claim, contacting you for further information if needed.

Step 4: The Investigation and Possible Outcomes

After review, the CRD will decide whether to investigate further, try to mediate, or pursue legal enforcement. Outcomes may include:

• Mediation between you and your landlord
• Orders for changes to rental policies or reasonable modifications
• Potential compensation or legal orders if discrimination is found

If you need help completing forms or understanding your rights, the CRD provides free language assistance and accessible services.

Where Are Rent Disputes for Disability Handled?

In California, discrimination and accommodation disputes are handled by the California Civil Rights Department (CRD). For general rental and eviction disputes, renters may use their local Superior Court, but discrimination claims go directly to the CRD.

Relevant Legislation for California Renters

• California Government Code Section 12955 (FEHA: housing discrimination)
• California Civil Code: Tenant Protections

These state laws work alongside federal protections to ensure California renters with disabilities are treated fairly.

Frequently Asked Questions

1. What’s considered a reasonable accommodation for disability?
   A reasonable accommodation can include changes to rules, policies, or services—like allowing a service animal, providing accessible parking, or adjusting rent payment dates for disability needs.
2. Does my landlord have to pay for physical modifications to my apartment?
   In many cases, you may be responsible for paying for accessibility changes, but landlords must allow you to make reasonable modifications unless it causes an unreasonable burden or fundamentally alters their property.
3. How long does the complaint process with CRD usually take?
   Timelines can vary, but you may receive an initial response within weeks; full investigations usually take several months, depending on complexity.
4. Can my landlord evict me for requesting a disability accommodation?
   No, it's illegal for a landlord to evict or retaliate against tenants for requesting accommodations under California law.
5. Is there a fee to file a disability discrimination complaint?
   There is no fee for tenants to file a housing discrimination complaint with the CRD.

Key Takeaways for California Renters

• California law protects renters with disabilities from discrimination.
• You can file a complaint through the California Civil Rights Department using their official form.
• Document your requests and landlord communications to support your claim.

Need Help? Resources for Renters

• California Civil Rights Department: Housing Discrimination Complaint Process
• Phone for assistance and accessible services: 1-800-884-1684
• California Department of Social Services – Disability Advocacy Section
• U.S. Department of Housing and Urban Development (HUD): Housing Discrimination Resources

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1. California Fair Employment and Housing Act (FEHA)
2. California Government Code Section 12955
3. California Civil Rights Department – Complaint Process
4. California Civil Rights Department Intake Form
5. California Civil Code – Tenant Protections

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