By Lynn Dover, Esq.; Shawn Bankson, Esq.; Susie Lein, Esq.
Question: My resident has asked for an accommodation, and I don’t think they’re disabled. Can I force them to get a note from their doctor?
Answer: No. While you are entitled to written verification that a resident’s condition meets the definition of disability under California law and to verify there is a disability related need for the accommodation, you may not require this note to only come from a doctor. Any sufficiently reliable third party, which would include a doctor, may provide verification.
Question: Can I require an applicant who uses a wheelchair to live on the first floor? We don’t have an elevator, and I’m worried he couldn’t get out if there was a fire or other emergency.
Answer: No. This practice would be considered “steering,” or trying to control where the applicant lives on the property based on his protected class (disability). An applicant with a disability has the right to live in any apartment he chooses, assuming he meets your property’s screening criteria.
Question: I am trying to evict a resident for his conduct on the property. He has indicated that his conduct is due to his current drug use, and he asked me to give him another chance claiming his ongoing drug use makes him disabled. Can I continue with the eviction?
Answer: Yes. Although recovered drug addicts are considered to be disabled, someone who is currently engaged in the illegal use of controlled substances is not covered under federal or state fair housing law.
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.