Cal. Civ. Code § 8 CSR 60-4.020

PURPOSE: This rule establishes guidelines
regarding modifications made to premises for
a person with a disability.
(1) It shall be unlawful for any person to
refuse to permit, at the expense of a person
with a disability, reasonable modifications of
existing premises occupied or to be occupied
by a person with a disability, if the proposed
modifications may be necessary to afford the
person with a disability full enjoyment of the
premises. In the case of a rental, the landlord,
where it is reasonable to do so, may condition
permission for a modification on the renter
agreeing to restore the interior of the premises to the condition that existed before the
modification, reasonable wear and tear
excepted. The landlord may not increase any
customarily required security deposit for persons with disabilities. However, where it is
necessary to ensure with reasonable certainty
that funds will be available to pay for the
restorations at the end of the tenancy, the
landlord may negotiate as part of a restoration
agreement, a provision requiring that the tenant pay into an interest-bearing escrow
account, over a reasonable period, a reasonable amount of money not to exceed the cost
of the restorations. The interest in this
account shall accrue to the benefit of the tenant.
(2) A landlord may condition permission for
a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the
work will be done in a satisfactory manner
and that any required building permits will be
obtained.
(3) The application of this rule may be illustrated by the following examples:
(A) Example 1: A tenant with a handicap
asks his/her landlord for permission to install
grab bars in the bathroom at the tenant’s
expense. It is necessary to reinforce the walls
with blocking between studs in order to affix
the grab bars. It is unlawful for the landlord
to refuse to permit the tenant, at the tenant’s
own expense, from making the modifications
necessary to add the grab bars. However, the
landlord may condition permission for the
modification on the tenant agreeing to restore
the bathroom to the condition that existed
before the modification, reasonable wear and
tear excepted. It would be reasonable for the
landlord to require the tenant to remove the
grab bars at the end of the tenancy. The landlord also may reasonably require that the wall
to which the grab bars are to be attached be
repaired and restored to its original condition, reasonable wear and tear excepted.
However, it would be unreasonable for the
landlord to require the tenant to remove the
blocking, since the reinforced walls will not
interfere in any way with the landlord’s or the
next tenant’s use and enjoyment of the
premises and may be needed by some future
tenant.
(B) Example 2: An applicant for rental
housing has a child who uses a wheelchair.
The bathroom door in the dwelling unit is too
narrow to permit the wheelchair to pass. The
applicant asks the landlord for permission to
widen the doorway at the applicant’s own
expense. It is unlawful for the landlord to
refuse to permit the applicant to make the
modification. Further, the landlord, in usual
circumstances, may not condition permission
for the modification on the applicant paying
for the doorway to be narrowed at the end of
the lease because a wider doorway will not
interfere with the landlord’s or the next tenant’s use and enjoyment of the premises.
AUTHORITY: sections 213.030 and 213.040,
RSMo 2000.* Original rule filed Dec. 2,
1992, effective June 7, 1993. Amended: Filed
March 16, 2009, effective Sept. 30, 2009.
*Original authority: 213.030, RSMo 1959, amended 1978,
1986, 1992, 1993, 1995, 1998 and 213.040, RSMo 1986,
amended 1992, 1998.