Who Pays for Disability Modifications in California Rentals?

If you need changes—like grab bars or ramps—to make your California rental accessible due to a disability, it’s important to understand your rights, responsibilities, and the process. Knowing who pays, which forms to use, and where to get help can ease the accommodation request process and maintain a stress-free renting experience.

Understanding Accessibility and Disability Accommodations

Federal and California laws require landlords to reasonably accommodate tenants with disabilities. Renters may need certain modifications (physical changes to a unit) to use their home safely and comfortably. The main laws protecting renters in these situations include the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).

Who Pays for Accessibility Modifications?

This is a common question among renters and landlords. In California:

• For private market rentals, the tenant usually pays for reasonable accessibility modifications requested due to a disability.
• For government-subsidized housing or housing that receives federal funds, landlords may be responsible for paying for accessibility modifications if required by law.

The landlord must allow reasonable modifications unless doing so would create an undue financial or administrative burden, or fundamentally change the nature of the housing.

What Counts as a Reasonable Modification?

• Installing grab bars in the bathroom
• Adding a wheelchair ramp at the entrance
• Lowering countertops or cabinets
• Widening doorways

These modifications must be directly related to the tenant’s disability and necessary for full use of the property.

Restoration after Moving Out

Landlords may require tenants to restore the unit to its original condition (minus normal wear and tear) when they move out, but only for modifications that affect future use or value of the property.

How to Request a Reasonable Modification in California

Renters should follow a clear process to request a modification. Here’s how:

• Send a written request identifying the needed modification and, if the disability is not obvious, provide documentation (e.g., from a healthcare provider).
• Work with the landlord on planning, contractors, and timelines.
• Obtain necessary building permits (if required by local laws).
• Agree in writing about restoration at move out and who covers costs.

Official Forms You May Need

• Reasonable Accommodation/Modification Request Form (DFEH-901A)
  DFEH-901A is California’s official form for requesting reasonable accommodations or modifications. Use this form to formally ask your landlord for changes due to a disability. For example, if a renter with limited mobility needs a ramp, they would complete DFEH-901A, attach proof of disability if needed, and submit it to their landlord.

For formal complaints if your request is denied, contact the California Civil Rights Department (CRD). The CRD is the official state agency handling disputes over disability accommodations in housing.

Relevant California Law

• California Civil Code § 54.1-54.3 – Rights of individuals with disabilities in housing
• California Fair Employment and Housing Act (FEHA)

Dispute Resolution and Legal Support

If a disagreement arises, the California Civil Rights Department (CRD) serves as the main tribunal for residential accessibility disputes. The CRD reviews cases, offers mediation, or investigates formal complaints. Their official information and complaint process is online at the California Civil Rights Department website.

Summary

Tenants in California usually bear the cost for accessibility modifications in private rentals, but certain exceptions and requirements exist. Knowing the process and your rights improves the likelihood of a smooth, fair accommodation.

Frequently Asked Questions

1. Can my landlord refuse my request for a modification?
   Landlords must allow reasonable modifications, but can deny requests if the change poses a serious financial or administrative burden or is not directly related to your disability.
2. Do I have to use a specific contractor for the work?
   Landlords can require that modifications be completed professionally and to code, but cannot insist on a specific contractor unless previously agreed upon.
3. How do I file a complaint if my landlord says no?
   If you believe your rights were denied, you can file a complaint with the California Civil Rights Department online or by mail.
4. Will I need to restore the apartment when I move out?
   You may be required to return the unit to its original state if the change could affect future renters, but not for modifications that don’t impact future use.
5. Does this process work for all types of disabilities?
   Yes, the law protects renters with any qualifying disability. Modifications must be reasonable and necessary for your specific needs.

Need Help? Resources for Renters

• California Civil Rights Department (CRD) – File a complaint, get forms, or ask about your rights
• U.S. Department of Housing and Urban Development (HUD): Fair Housing Complaint Process
• Disability Rights California – Legal advocacy and support
• California Courts Self-Help Center – Housing

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1. California Fair Employment and Housing Act (FEHA)
2. California Civil Code § 54.1-54.3: Disability rights in housing
3. DFEH-901A Reasonable Accommodation/Modification Request Form
4. California Civil Rights Department – Complaint Process

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