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 the tenant generally bears its cost, even in a common area
Installing a ramp is a reasonable modification, a physical change to the premises, as distinguished from a reasonable accommodation, which is a change in a rule, policy, practice or service. Under the federal Fair Housing Act (42 U.S.C. §3604(f)(3)(A)) and FEHA (Gov. Code §12927(c)(1)) it is discrimination to refuse to permit a reasonable modification made at the expense of the person with the disability, so the landlord cannot say no but does not ordinarily pay, and that allocation holds for common areas as well as the tenant's own unit. The landlord may condition approval on restoring the interior of the unit when the tenant leaves, but not on tearing out an entrance ramp that does not interfere with other occupants' use. The landlord does bear the cost where the feature was legally required when the building was built, where the housing receives federal financial assistance, or where what the tenant actually needs is a policy change rather than construction.
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