Definitions of Disability

As a landlord, if you hire a professional property management company in San Diego, it is a solid layer of protection if they keep up with California Fair Housing Laws. The given below are the definitions of disability.

Q: What are the definitions of disability and when identified, what are the rules of confidentiality for a landlord or rental agent?

A: Definitions are more broadly defined in CA than in Federal law and include having any of the below-listed impairments that limit or make it difficult for a person to stand or walk, breathe, speak or hear, work or do simple tasks, or socialize.

To summarize, those with mental/psychological, physical disability, certain medical conditions such as recovered addicts, people with HIV or AIDS, and alcoholics (unless their behavior creates disturbances to other tenants) as well as anyone who has been identified as disabled are considered to be protected under disability acts.

Not included are:
1. Those illegally using drugs.
2. Those convicted of manufacturing and distributing drugs.
3. Those who, by their behavior, pose a direct threat to other tenants or property.

– Those who have a history of drug or alcohol or drug abuse who have exhibited disruptive or destructive behavior in the past, but who have completed or are in a treatment program may be considered for housing.

– Any disabled person or their representative may file a complaint for discrimination.

To ensure confidentiality, landlords or rental agents may not:
1. Engage in discussion of the nature of the disability, even if brought up by prospective or current tenants.
2. Discuss the nature of the tenant’s disability with other staff, unless pertinent to meeting the tenant’s need and never with other tenants.
3. Ask applicants about their disability unless the property includes apartments reserved for those with disabilities, in that case, all applicants may be questioned to ensure eligibility for same.

If you desire to work with the best property management San Diego has to offer, rental agents need written procedures to handle disability requests:
1. They should be easy for the applicant to follow.
2. Procedures should be followed closely to ensure all applicants are treated fairly and equally.
3. The agent should be accommodating if the applicant cannot follow procedures exactly and ask for direction if necessary to ensure compliance.
4. Applications should be handled in a timely fashion.

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