California Civil Rights Department, Housing Discrimination

If a housing provider cannot immediately grant a requested accommodation, they must engage in an “interactive process” with the requestor in an effort to come up with a solution. The purpose of the interactive process is to exchange information to identify, evaluate, and implement a reasonable accommodation that allows the individual with a disability equal opportunity to use and enjoy a dwelling or housing opportunity. If the housing provider determines that they cannot grant the request, they must work with the requestor to try to identify if there is another accommodation that is equally effective in meeting their needs. The interactive process should occur in a timely manner and should be negotiated in good faith.

Can a housing provider ask for documentation to verify the need for a reasonable accommodation or modification?

Yes. However, if the need for a reasonable accommodation or modification is obvious or known, further inquiry is not necessary. If the need is not obvious, the housing provider may only request information that:

Is necessary to establish that the individual has a disability

Describes the needed accommodation or modification

Is needed to show the relationship between the individual’s disability and how the requested accommodation or modification is necessary to afford the individual with a disability equal opportunity to use and enjoy the housing.

A housing provider cannot seek information about:

A particular diagnosis or medical condition

The severity of the disability

Medical records

Medical history

Other disability or medical issues unrelated to the request

Does documentation of the need for an accommodation or modification have to be from a doctor?