In California, FEHA gives disabled renters broader protections than federal law. Landlords must engage in a good‑faith interactive process, allow reasonable accommodations and modifications, can’t charge pet fees for assistance animals, and can’t retaliate if you assert your rights.
Finding a place to live shouldn’t depend on whether someone has a disability. Yet many renters still face barriers that violate their legal rights. If you’re unsure what landlords can or can’t do—or when to involve a tenant lawyer—this guide will walk you through your options.
The rights of disabled renters are protected under both federal and state laws that guarantee equal access, reasonable accommodations, and freedom from discrimination. In California, the Fair Employment and Housing Act (FEHA) (Gov. Code §§12926, 12955) expands these protections even further—applying a broader definition of disability and covering a wider range of housing situations than federal law.
Whether you’re renting in California or another state, this guide covers what you’re entitled to, how to assert your rights, and when legal help might be needed. Knowing your rights helps you stand up for fair treatment and make smart choices.
What Are Disabled Renters’ Rights?
Disabled renters have the right to fair, accessible housing without discrimination based on their condition. This includes the right to request reasonable accommodations—such as policy changes—and reasonable modifications—such as physical alterations to a unit—to ensure equal access and use of their home.
Landlords are legally obligated to adjust policies or practices that unfairly limit a disabled tenant’s ability to live safely or independently. Under California’s Fair Employment and Housing Act (FEHA) (Gov. Code §§12926, 12955), these protections apply even if a condition merely “limits” a major life activity—broader than the federal standard of “substantially limits.”
Tenants also have the right to be free from retaliation (Cal. Civ. Code §1942.5) for asserting disability-related rights, including rent increases, eviction threats, or withheld repairs. Knowing what qualifies as discrimination—and how to respond—can help protect your housing stability.
Who Is Protected Under Housing Disability Laws?
Housing laws protect individuals whose physical or mental impairments limit essential life activities like walking, seeing, concentrating, or caring for oneself. This includes chronic illnesses, mobility limitations, developmental or sensory conditions, and psychological or emotional disorders.
Importantly, under California’s FEHA (Gov. Code §§12926, 12955), protection is extended to individuals whose conditions merely “limit” major life activities—not just those that “substantially limit” them, as required under federal law. FEHA also protects people who are perceived to have a disability or are associated with someone who does.
Tenants are not required to disclose specific medical details. If the disability or the need for accommodation isn’t obvious, landlords may ask for a brief note from a licensed professional that explains the connection between the disability and the request. However, they cannot request a diagnosis or medical records—a protection that safeguards tenant privacy and dignity.
What Qualifies as a Disability in Housing?
Under federal law, a disability is any physical or mental condition that substantially limits a major life activity, such as walking, seeing, working, or interacting with others. However, California law goes further—under FEHA (Gov. Code §§12926, 12955), a condition only needs to “limit” a major life activity to qualify, meaning a broader range of impairments are covered.
This includes not only permanent disabilities but also episodic, temporary, or less severe conditions, provided they interfere with access to housing or independent living. What matters most is the effect of the condition—not the diagnosis itself.
Both visible and hidden impairments are protected. Whether the disability is physical, cognitive, or emotional, tenants have a right to housing that accommodates their needs without unnecessary barriers or discrimination.
Federal Laws Protecting Disabled Tenants
Several federal laws protect disabled renters by prohibiting housing discrimination and requiring equal access. These laws define what landlords must do—and what they cannot do—to ensure fairness in housing.
The Fair Housing Act (FHA)
The Fair Housing Act (42 U.S.C. §3604) is the primary federal law protecting renters with disabilities. It prohibits discrimination in housing and requires landlords to provide reasonable accommodations and modifications when needed. The law applies to most housing types, including rentals, condos, and federally subsidized properties. It also protects against harassment and retaliation when tenants assert their rights.
Americans with Disabilities Act (ADA)
The ADA primarily applies to public spaces, such as leasing offices and common areas in multifamily housing. It ensures these areas are accessible, but does not govern the interiors of most private rental units. In housing, the FHA and state laws like FEHA are more relevant than the ADA’s narrow definition of “service animals” or its access requirements.
The Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act requires federally funded housing providers to make programs and facilities accessible to people with disabilities. This includes public housing and nonprofit housing that receives federal financial assistance. Under this law, providers must pay for modifications unless doing so would cause an undue financial or administrative burden.
Disabled Renters’ Rights in California
California offers some of the strongest legal protections for disabled renters in the United States. These protections go beyond federal law, covering a broader range of impairments and more types of housing.
The Fair Employment and Housing Act (FEHA)
The Fair Employment and Housing Act (FEHA) (Gov. Code §§12926, 12955) prohibits housing discrimination based on physical or mental disability. It applies to nearly all rental properties, including smaller buildings that might be exempt under federal rules. FEHA also mandates that landlords allow reasonable accommodations and modifications, and engage in a good-faith interactive process when a request is made (2 CCR §12177).
Unlike federal law, FEHA does not require that a condition “substantially limit” a major life activity—only that it “limit” it. The law also protects individuals who are perceived to have a disability or who are associated with someone who does.
How California Law Goes Beyond Federal Protections
California expands housing protections in other ways, too. Tenants may file complaints with the California Civil Rights Department (CRD), which often resolves cases faster than federal agencies. Complaints must generally be filed within one year, and renters may also choose to pursue a civil case in state court afterward. FEHA allows tenants to seek damages, injunctive relief, and attorney’s fees when rights are violated.
Additionally, retaliation for requesting or asserting disability-related rights—such as eviction threats, rent increases, or withheld repairs—is explicitly prohibited under Cal. Civ. Code §1942.5 and Gov. Code §12955(f).
Landlord Obligations Toward Tenants with Disabilities
California landlords have a legal duty to ensure that tenants with disabilities can fully use and enjoy their housing. This means going beyond a “one-size-fits-all” approach and responding reasonably to individual needs.
Providing Reasonable Accommodations
A reasonable accommodation is a change to a policy, rule, or practice that helps a tenant with a disability access housing equally. For example, allowing an assistance animal in a no-pet building or permitting rent payments through a third party may be required accommodations.
Under FEHA and federal law, landlords must grant these requests unless doing so would create an undue financial or administrative burden. If they believe a request is unreasonable, they must engage in a timely, good-faith interactive process to explore alternatives (2 CCR §12177). They cannot simply ignore or deny the request.
Allowing Reasonable Modifications
Reasonable modifications are physical changes to a unit or common area to improve accessibility—like installing grab bars, ramps, or visual doorbells.
In private housing, tenants generally pay for structural modifications, and landlords may require the unit to be returned to its original condition upon move-out. In federally funded or public housing, the housing provider typically pays, unless the change would impose an undue burden (Section 504 of the Rehabilitation Act / ADA Title II).
Who Pays for Modifications?
In short:
- Private housing (covered by FHA/FEHA): Tenant usually pays, and the landlord must allow it if reasonable.
- Federally funded or public housing: Housing provider pays unless the cost would create an undue burden.
Landlords can request reasonable notice and may require that changes be performed professionally. They cannot deny a valid request outright without offering alternatives or engaging in the required process.
How to Request a Disability Accommodation or Modification
Tenants with disabilities have the right to request changes that help them live safely and independently. The process doesn’t need to be formal, but it helps to be clear, concise, and keep written records.
Steps to Make a Formal Request
A request can be as simple as a short letter or email explaining:
- Who you are and where you live
- What accommodation or modification you’re asking for
- How it relates to your disability
- That you can provide a brief letter from a licensed professional (if the need isn’t obvious)
- A request for a written response by a specific date (e.g. 10–14 days)
- Your name, date, and signature
Landlords are required to respond promptly. In California, they must also engage in a timely, good‑faith interactive process to find a workable solution if they have concerns about the request (2 CCR §12177). Ignoring or delaying a request is not allowed.
What a Landlord Can Legally Ask For
If the need isn’t obvious, the landlord may request reliable documentation from a licensed professional showing that you have a disability and that the requested change is necessary. However:
- They cannot ask for a diagnosis or detailed medical history
- They may not demand personal health records
- They must assess the reasonableness of the request, not the tenant’s condition
This documentation requirement applies to both accommodations and assistance animals—but again, only when the disability or need is not apparent.
What Landlords Are Not Allowed to Do
Housing providers must follow clear legal limits when interacting with disabled tenants. These rules help prevent discrimination, retaliation, and invasion of privacy during the application process and throughout the tenancy.
Prohibited Questions and Screening Practices
Landlords cannot:
- Ask whether an applicant has a disability or inquire about its nature or severity
- Request proof of disability unless a specific accommodation has been requested and the need isn’t obvious
- Apply different screening criteria (such as requiring higher income or more references)
- Steer disabled renters toward particular units or discourage them from applying
Discriminatory questions like “Are you able-bodied?” are illegal under both federal law and California’s FEHA (Gov. Code §12955).
Illegal Fees and Discriminatory Practices
Landlords may not charge extra deposits, pet rent, or fees for assistance animals, whether they are service animals or emotional support animals. However, they can require payment for actual damage caused by an animal.
Importantly, ADA’s narrow definition of “service animal” does not apply to housing—the Fair Housing Act and FEHA are broader, covering a wider range of disability-related animals.
Retaliation is also strictly prohibited. For example:
“Retaliation—rent hikes, eviction notices, or withheld repairs because you requested an accommodation—is illegal” (Cal. Civ. Code §1942.5; Gov. Code §12955(f)).
What to Do If a Landlord Denies Your Request
If your landlord refuses a valid request for accommodation or modification, the law is on your side. Denial, delay, or retaliation for asserting disability rights is prohibited under both federal law and California’s FEHA.
How to File a Complaint With HUD or a Local Agency
You can file a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD) or the California Civil Rights Department (CRD). These complaints are free, and you do not need a lawyer to begin the process.
You generally have 1 year to file with HUD or the CRD.
Complaints can be filed online, by phone, or by mail. California’s CRD often handles cases more quickly than federal agencies. After filing, both agencies can offer mediation, conduct investigations, or take legal action when needed.
When to Contact a Tenant Lawyer
If your landlord refuses to engage in the required interactive process, continues to delay or deny a valid request, or retaliates against you, it may be time to speak with a tenant attorney.
Under California’s FEHA, renters may file a civil lawsuit after the administrative process is complete—and seek damages, injunctive relief, and attorney’s fees. Many nonprofit legal aid organisations offer free assistance to low-income tenants.
Conclusion
Disabled renters in California have powerful legal tools to ensure equal access to housing. These include the right to request reasonable accommodations, make necessary modifications, and challenge unfair treatment without fear of retaliation.
California’s FEHA offers broader protections than federal law—covering more people, requiring landlords to participate in a good-faith interactive process, and allowing tenants to seek legal remedies through the California Civil Rights Department or civil court.
If your landlord violates your rights or delays responding, don’t wait. File a complaint, seek help from legal aid, or consult a tenant attorney. Whether you’re resolving a minor issue or facing a major barrier to housing, you don’t have to navigate it alone. Your rights are enforceable—and worth protecting.
FAQ
What Is the Americans With Disabilities Act (ADA) Role in Housing?
The ADA applies primarily to public spaces like leasing offices and shared common areas in apartment complexes. It does not regulate the inside of most rental units. For disabled renters, the Fair Housing Act (FHA) and California’s Fair Employment and Housing Act (FEHA) provide broader protections and are the key legal frameworks that apply in housing situations.
Can My Landlord Ask for My Medical Records?
No. A landlord may ask for a short letter from a licensed professional if your disability or need for accommodation isn’t obvious, but they cannot ask for a diagnosis, your medical history, or access to health records. This privacy protection is guaranteed under both federal and California housing law.
What Counts as Housing Discrimination Against Disabled Renters?
Housing discrimination includes denying someone housing because of a disability, refusing or ignoring valid requests for accommodations or modifications, charging pet fees for assistance animals, or retaliating against tenants who assert their rights. These actions violate both federal law and California’s FEHA (Gov. Code §12955).
What Are the Core Rights for Disabled Tenants in California?
Disabled tenants have the right to equal access to housing, to be free from discrimination, to request reasonable accommodations and modifications, and to file complaints or take legal action if their rights are denied. California law further protects tenants from retaliation under Civil Code §1942.5 and allows renters to pursue damages and attorney’s fees in court under FEHA.
Can a Landlord Charge Pet Rent or a Deposit for a Service or Support Animal?
No. Under the FHA and FEHA, assistance animals—including emotional support animals—are not considered pets. Landlords cannot charge pet deposits or rent for them, although they can require tenants to cover the cost of any actual damage caused by the animal.
Eric Castelblanco, Attorney/Founder
Eric Castelblanco, founder and managing attorney of Castelblanco Law Group, APLC, has championed tenants' rights for over two decades, securing over $200 million in verdicts and settlements. His law firm also specializes in every aspect of personal injury accident cases, delivering exceptional ou...