A California tenant with a physical disability requests that the landlord install a ramp at the building entrance. Under California fair housing law, what is the landlord's obligation regarding this request?
Correct Answer
B) The landlord must permit the reasonable modification and, because the ramp affects a common area, California law may require the landlord to bear the cost if it does not impose an undue burden
Installing a ramp is a 'reasonable modification' under the FHA (42 U.S.C. §3604(f)(3)(A)) and California FEHA (Gov. Code §12927(c)) — a physical change to the premises, distinct from a 'reasonable accommodation,' which involves a change in rules or policies. Under federal law, tenants typically bear the cost of modifications, including in common areas. However, California FEHA and the Unruh Civil Rights Act impose broader obligations on landlords, and California courts and the Department of Fair Employment and Housing have recognized that landlords may be required to fund common-area modifications where the cost does not constitute an undue financial burden. The landlord cannot categorically refuse a reasonable modification request.
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