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Practice Of Real Estate DisclosuresFair_housingMEDIUM

A tenant with a documented anxiety disorder requests that her landlord allow her to install a second deadbolt lock on her unit door at her own expense, claiming it would reduce her anxiety. The lease prohibits tenant modifications without approval. Under California fair housing law, which of the following most accurately describes the landlord's obligation?

Correct Answer

B) The landlord must engage in an interactive process to evaluate the request, and may approve it with conditions such as restoration upon move-out

Under the Fair Employment and Housing Act (Gov. Code §12927(c)(1)) and federal fair housing guidance, landlords must provide reasonable accommodations and allow reasonable modifications for tenants with disabilities. When a modification request is received, the landlord is required to engage in a good-faith interactive process to assess whether the modification is reasonable and disability-related. The landlord may grant approval subject to reasonable conditions — including a requirement that the tenant restore the unit to its original condition upon vacating — provided those conditions do not effectively deny the accommodation. A second deadbolt is a minor structural modification that would likely qualify as reasonable.

Answer Options
A
The landlord must approve the modification because any tenant-funded alteration is automatically a reasonable accommodation
B
The landlord must engage in an interactive process to evaluate the request, and may approve it with conditions such as restoration upon move-out
C
The landlord may deny the request because lease modification clauses take precedence over fair housing accommodation requirements
D
The landlord must approve the request without conditions because imposing restoration requirements on a disabled tenant is discriminatory

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Related Topics & Key Terms

Key Terms:

fair_housingreasonable_accommodationdisabilitycommercial_conversionGov_Code_12927

Related Concepts

Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.

A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.

Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.

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