Are landlords allowed to refuse to rent to people with disabilities in violation of Fair Housing Law?

In California, landlords are not allowed to refuse to rent to people with disabilities in violation of Fair Housing Law. Under the federal Fair Housing Act, it is illegal for landlords to discriminate against people based on race, color, religion, sex, national origin, familial status, or disability. This includes all stages of the housing process from advertising to accepting and processing tenant applications. Since landlords are not allowed to reject people with disabilities, they are also required to make reasonable accommodations to meet their needs. Reasonable accommodations could mean making adjustments to their rules, allowing an emotional support animal, or making an exception to the “no pet” rule. Landlords must consider and respond to a tenant’s request for reasonable accommodation when it involves the use of an assistive animal or other adjustments to a policy. In California, landlords are also not allowed to ask tenants or applicants about their disability prior to entering into a tenancy agreement. They are also prohibited from asking about the severity of the disability or the extent to which it impacts the tenant. Finally, landlords are prohibited from refusing to rent to a person with a medical condition which may create a nuisance or hazard to other tenants. In conclusion, landlords in California are not legally allowed to refuse to rent to people with disabilities in violation of Fair Housing Law. They must provide reasonable accommodations according to their needs and they are not allowed to ask about the disability or insinuate that it will lead to a nuisance or hazard.

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