The Cross Law Firm's Landlord Law Blog

March 4, 2010

Reasonable Accommodations for the Disabled: Your legal responsibilities as an owner or manager (Part 3)

This is Part 3 of a 4-part blog series advising manufactured home community managers/owners on accommodating disabled tenants focusing  on DISCRIMINATION IN RENTING.

In addition to failing to make reasonable accommodations for disabled individuals to equally use and enjoy the premises, owners and managers need to be aware that they are prohibited from discriminating against disabled individuals in all aspects of renting based on the fact that the individual is disabled. Discrimination means treating individuals unequally due to their disability, to their perceived disability or due to their association with a disabled individual. Unlawful discrimination can occur in various ways, including, but not limited to, refusing to rent to a disabled individual, imposing additional rental terms, denying certain rental privileges, charging higher rent, limiting access to the premises or common areas, or terminating the tenancy.

Who is a disabled individual under the federal and state disability laws? Under state and federal law, a disability is one that impairs a “major life activity” such as performing normal household chores, walking, hearing or seeing. The impairment can be of a physical or mental nature and includes such conditions as physical handicaps, disfigurements, disease, mental disabilities, mental retardation, emotional or mental illness, cancer, multiple sclerosis, and HIV status, just to name a few. Certain impairments, however, have been determined not to be disabilities entitled to protections under federal and state law. These impairments include sexual behavior disorders, compulsive gambling, kleptomania, pyromania and current substance abuse. Be careful, however.

The California Unruh Act, which prohibits discrimination on the basis of disability, is very broad in its protection. This act also prohibits communities from discriminating against individuals for “arbitrary characteristics,” which could include several disabilities or perceived disabilities not commonly categorized. Also note that discrimination can occur without the individual actually having a protected disability if that individual is perceived as having a disability and unlawfully discriminated against because of the perceived disability.

Penalties for discrimination As an owner or manager of a manufactured home community, you must be aware of these laws and your responsibilities because these laws impose fines and penalties for non-compliance. An individual who is unlawfully discriminated against in the renting arena or who is not afforded reasonable accommodations under these laws can be awarded actual damages incurred, embarrassment and emotional distress damages, statutory damages of three times the amount of actual damages, injunctive relief, and in some circumstances, even punitive (punishment) damages are available. Both owners and managers have liability for discrimination against individuals with disabilities. Owners may be held responsible for the discriminatory acts of their managers whether these acts were negligent, intentional, or directly against community policy or orders. If the act of the manager was authorized or ratified by the owner, the owner may face punitive damages. Managers also face individual liability for their discriminatory acts, even if they were following orders of the owner. Therefore, establish fair rental policies, train managers on these policies, adequately supervise managers and discipline any violation of these policies.

* For specific inquiries regarding a discrimination in renting, your welcome to visit my California Manufactured Housing Community and Mobilehome Park Owners legal services page.

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