Cal. Civ. Code § 380.310
Rental Preferences for Tenants with Special Needs
Operative Text
An LAA or a Developer may include in its Application a pledge to use its best efforts to make Units under its Allocation available to Special Needs Households.� Notwithstanding the fact that an LAA or a Developer has included such a pledge in its Application, LAAs must require Landlords to rent, and Developers must rent, available Units to the first eligible Tenant, regardless of whether the prospective Tenant is a Special Needs Household.� An LAA, a Landlord or a Developer shall not require a Tenant to have a diagnosis of a particular illness or the presence of a specific disability as a condition of eligibility for a Unit unless that diagnosis or disability is required by another funding source for the Unit or the Project.
Under 47 Ill. Admin. Code pt. 380 § 380.310, housing programs administered through Local Administrative Agencies (LAAs) or Developers may voluntarily commit to prioritizing Special Needs Households, but that commitment does not override the fundamental rule that available units must be offered to the first eligible applicant regardless of special-needs status. Additionally, the provision prohibits requiring a prospective tenant to have a specific diagnosis or disability as a condition of eligibility, unless a separate funding source for that unit or project independently mandates such a requirement. The rule balances outreach goals for vulnerable populations with protections against discriminatory eligibility screening.
Plain English — not legal advice.
Under 47 Ill. Admin. Code pt. 380 § 380.310, compliant landlords operating under an LAA allocation generally rent available units to the first eligible applicant in line, even when the program has made a best-efforts pledge toward Special Needs Households. Operators also avoid imposing diagnosis- or disability-specific eligibility criteria unless a distinct funding source for the unit or project explicitly requires it. Maintaining clear, documented tenant-selection procedures that reflect these requirements is a common practice among operators seeking to stay in compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 380.310 of 47 Ill. Admin. Code pt. 380 gives applicants the right not to be passed over simply because they are not a Special Needs Household, even in programs that have pledged to prioritize such households. It also protects applicants from being required to present proof of a specific diagnosis or disability as a condition of eligibility, unless a separate funding source for that particular unit or project requires it. Tenants who believe they were improperly screened out based on disability status or diagnosis requirements may consider contacting a tenant-rights organization, filing a complaint with the relevant state housing agency, or exploring whether the denial can be raised as a defense in any related proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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