Cal. Code Regs. Tit. 2, § 12178 - Establishing that a Requested Accommodation or Modification is Necessary
(a) If an
individual with a disability or their representative makes a request for an
accommodation or modification that provides reliable information about the
disability and how the requested accommodation or modification is necessary to
afford the individual with a disability equal opportunity to use and enjoy a
dwelling or housing opportunity, then the person considering the request may
not request any additional information about the individual's disability or the
disability-related need for the accommodation or modification.
(b) If the disability of the individual
requesting an accommodation or modification is apparent or known by the person
considering the request, and it is also apparent or known how the requested
accommodation or modification is necessary to afford the individual with a
disability equal opportunity to use and enjoy a dwelling or housing
opportunity, then the person considering the request may not request any
additional information about the requestor's disability or the
disability-related need for the accommodation or modification. Known means that
the person considering the request is personally aware of the disability or the
need for the accommodation or modification. Apparent means that either the
disability or the need for the accommodation or modification is obvious,
although the person considering it did not know about it before the request was
made. For example, if a tenant with quadriplegia who uses a power wheelchair
goes in person to the off-site management office for their apartment building
and requests an accommodation in the form of moving to a first-floor apartment
and a modification in the form of a ramp at the entry to the first floor
apartment, and the management office knows that the apartment building does not
have a functional elevator and that the front entry to the first floor
apartment is not wheelchair-accessible, the management office may not request
further information about the disability before evaluating the request for an
accommodation and modification.
(c)
If the disability of the individual requesting an accommodation or modification
is apparent or known by the person considering the request, but the need for
the requested accommodation or modification is not readily apparent or known,
then in order to evaluate the disability-related need for the accommodation or
modification, the person considering the request may request only information
that:
(1) Describes the needed accommodation
or modification; and
(2) Shows 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 a dwelling or housing
opportunity.
(d) If the
disability of the individual requesting an accommodation or modification is not
readily apparent to the person considering the request, the person may request
only information that:
(1) Is necessary to
establish that the individual has a disability;
(2) Describes the needed accommodation or
modification; and
(3) Shows 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 a dwelling or housing
opportunity.
(e) A person
considering a request for an accommodation or modification may not seek
information about:
(1) The individual with a
disability's particular diagnosis or medical condition, the severity of the
disability, medical records, medical history, other disability or medical
issues unrelated to the request, or other disability or health related
information beyond the information identified in subdivision (d)
above.
(2) Information unrelated to
the inquiry in subdivision (d) above.
(f) Depending on the individual's
circumstances, information establishing that the individual has a disability
can usually be provided directly by the individual with a disability through a
variety of self-certification methods, including documentation of receipt of
disability benefits or a credible statement by the individual with a
disability. A credible statement by the individual is one that a reasonable
person would believe is true based on the available information.
(g) Information confirming that the
individual has a disability, or confirming that there is a disability-related
need for the accommodation or modification, may also be provided by any
reliable third party who is in a position to know about the individual's
disability or the disability- related need for the requested accommodation or
modification, including:
(1) A medical
professional;
(2) A health care
provider, including the office of a medical practice or a nursing
registry;
(3) A peer support group.
Peer support groups are mutual support groups developed as alternatives to
traditional medical or psychological treatments. They provide services such as
education, peer mentoring, peer coaching, and peer recovery resource
connections for groups of people with disabilities or people suffering from a
wide range of trauma or illness;
(4) A non-medical service agency or person,
including In-Home Supportive Services or Supported Living Services providers;
or
(5) Any other reliable third
party who is in a position to know about the individual's disability or
disability-related need for the accommodation or modification. This could
include a relative caring for a child with a disability, a relative caring for
an elderly family member with dementia, or others in a caregiving relationship
with a person with a disability.
(h) The determination of whether a third
party is reliable must be determined on a case-by-case basis. A determination
of reliability may take into account:
(1)
Information establishing how the third party is familiar with the individual's
disability or the disability-related need for the accommodation or
modification;
(2) Information that
specifies the functional limitations that underlie the request for an
accommodation or modification, but this information need not include specific
medical information or terminology; or
(3) Information providing a means to contact
the third party to verify that the person identified did in fact provide the
documentation and to answer any questions permitted by law.
Notes
2. Amendment of section heading, section and NOTE filed 11-19-2021; operative 1-1-2022 (Register 2021, No. 47).
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955 and 12955.3, Government Code.
2. Amendment of section heading, section and Note filed 11-19-2021; operative
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