Disability workshop focuses on housing rights(2)

Stone added that the Unruh Civil Rights Act also prohibits discrimination based on sexual orientation, disability, race, nationality and religion. She said Section 8 only begins if landlords decide to adopt it, or if the owner of the property receives an influx of funds from both local and federal housing agencies to make structural changes, or to fund construction of housing units.

Section 8 stands for affordable public housing subsidized program for low-income people, whereby up to 80% of the cost of rent is paid by local and federal housing authorities to property management, or landlords.

Under Section 8 guidelines, between 20% and 30% of the total units must be available for rent. Only the landlords decide whether to embrace this program. However, once the program starts, sometimes the number of available units varies. They could be more or less, depending on the total number of units available, and on the money the landlords may have received to refurbish, or build the apartments.

For example, if the manager of a building with 10 units for rent decides to embrace Section 8, he or she must furbish at least two, or three special affordable housing units for rent. If a landlord owns a three unit for rent building, and receives Section 8 funds, the owner must provide one affordable housing unit.

Fred Nisen, an attorney with the Disability Rights California, organization based in San Francisco, said Section 504 of the California Civil Code establishes that a list of accessible and affordable housing units must be provided to potential tenants. The FHA also establishes that a minimum of 5% of all units must be accessible.

Nisen added that an additional 2% of total units must be available and accessible if there are tenants who are blind, or legally deaf. In fact, Nisen said, FHA rules indicate that landlords must provide suitable means “to ensure that information on accessible units is available.” The information can be published in local newspapers, classifieds magazines, websites on rental units, etc.

Stone said landlords are expected to "shoulder financial and administrative costs, in the refurbishing of units, or houses to make them accessible for potential tenants with disabilities." However, in certain cases, how much money, and the availability of material resources the landlord has are considered to legally bind the owner to achieve these goals.

On occasions, these expenses are considered “undue burdens,” Stone said.

In other words, the Cornell School of Law explains the theory of an undue burden must apply to help define a “significant difficulty or expense for which the product is being developed, procured, maintained or used.” Nisen said big apartment complexes are usually treated different than small housing units in the application of what constitutes undue burden.

Nisen said these matters are often treated on a case by case situation.

Pets introduced to the unit “for emotional support”, and guide dogs for the blind, must also be allowed by the landlord, he said.

For more information, you can visit www.disabilityrightsca.org., or call Disability Rights California at (800) 776-5746.