Disability Rights

By law, people with disabilities must get equal access to housing and to virtually all places of business. A “disability” is a physical, mental, or cognitive impairment that limits one or more major life activities for a person. It includes cancer and AIDS. The Santa Monica City Attorney's Office takes complaints and answers questions from residents and local businesses about possible violations of the disability rights laws.

Americans with Disabilities Act

Disability Rights Education and Defense Fund

ADA Guide to Disability Rights Laws

HUD Home Buying Guide

FAQ

What is a public accommodation?

The law gives people with disabilities the right to equal access to all places of “public accommodation.” It also prohibits discrimination against people with disabilities.

What is a “public accommodation”?
The term is broadly defined and includes virtually all businesses (including restaurants, bars, hotels, shopping centers, retail stores, dry cleaners), as well as schools, hospitals, and daycare centers.

What are public accommodations required to do for the disabled?

Provide goods and services in the most integrated setting possible. For example, a hairdresser may not place a customer with a disability in a separate part of the shop simply because of the disability.
Make reasonable modifications to policies, practices, and procedures in order to make their goods and services available to people with disabilities. For example, businesses with a "no pets allowed" policy must modify the policy by making an exception for service animals used by people with disabilities.
Remove structural and architectural barriers, where readily achievable. Examples of barriers are curbs and steps; narrow doorways and aisles; restroom stalls that are too narrow for use by a person who uses a wheelchair; and inaccessible drinking fountains and telephones. “Readily achievable” means “easily accomplishable and able to be carried out without much difficulty or expense.”

For more information about the rights of persons with disabilities, call the Santa Monica City Attorney’s Office at (310) 458-8336 (voice) or (310) 458-8696 (TTY).

What constitutes discrimination in housing?

It’s illegal for a building owner to refuse to sell, rent, or lease housing to a person because of that person’s disability – or to claim that housing is not available when it is available. Owners must use the same criteria for selecting all tenants.

What constitutes discrimination?
If a housing applicant has a disability, the following may be illegal acts of discrimination:

The owner refuses to rent on the same terms offered to others
The owner refuses to grant the applicant’s request for a reasonable accommodation that would allow him or her to live in a unit and enjoy it fully. (The applicant may request an accommodation in the application phase, during tenancy, or in the context of eviction.)
The owner refuses to allow the applicant to make reasonable changes to the unit.

What questions are okay – and not okay?
A landlord may ask a tenant about the disability if the tenant requests a reasonable accommodation. The tenant doesn’t have to tell the landlord the specifics of the disability or give her a full copy of the medical history. The tenant only needs to provide proof that he has a disability, and that an accommodation is necessary to provide full use and enjoyment of the unit. (It may be helpful for the tenant to explain specifically why the accommodation is needed.)

The type of information the tenant provides depends on your situation. It can come from a doctor, another medical professional, or a service agency.

A landlord may not ask:
            “Do you have a disability?”
            “How severe is your disability?”
            “May I have permission to see your medical records?”

When are reasonable accommodations required?
After a tenant moves in, the landlord must make reasonable accommodations in rules, policies, practices, and services to give equal opportunity to occupy and enjoy full use of a dwelling unit or common space. Landlords must also permit apartments to be made accessible to persons with disabilities, at the tenant’s expense, if the modification is reasonable and necessary to afford the tenant full enjoyment of the unit. The tenant must also agree to pay reasonable costs of restoring the premises to its original condition after the renter leaves. (The landlord may require the tenant to deposit in escrow a reasonable amount to cover that cost.)

Examples of reasonable accommodations

A tenant fails to pay rent on time due to a medical condition. The landlord agrees to accept the rent two weeks later.
A landlord accommodates a tenant with a mobility impairment by granting a closer parking space to the dwelling unit.

For more information about housing rights of persons with disabilities, call the Santa Monica City Attorney’s Office at (310) 458-8336 (voice) or (310) 458-8696 (TTY).

What are the rules and laws relating to Service Animals?

The Americans with Disabilities Act (ADA) defines a service animal as any guide dog, signal dog, or any other animal trained to help a person with a disability to perform tasks they can’t do themselves – regardless of whether they have been licensed or certified by the government. For example:

alerting people with hearing impairment to sounds
pulling wheelchairs
carrying and picking up things for persons with mobility impairments

How can a business tell if an animal is really a service animal and not just a pet?
Some service animals wear special collars and harnesses. But not all do. Keep in mind that disabled people generally don’t carry service animal paperwork with them everywhere they go – and they’re not required to. You can’t insist on seeing written proof before allowing the service animal to enter your business. If you’re not certain, you may ask if the animal is required because of a disability.

What must a business do when a person with a service animal comes to my business?
The service animal must be allowed to accompany the disabled person to all areas where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.

What happens if a business refuses to allow a person with a service animal?
Anyone who prevents a disabled person and his or her service animal from being at a place of public accommodation may be guilty of a criminal offense. Such conduct can also make violator liable for money damages.

If a business has always had a clearly posted “no pets” policy, does it still have to let service animals in?
Yes. A service animal is not a pet. The ADA requires you to modify your “no pets” policy to allow the use of service animals.

If the county health department says that only a guide dog has to be admitted, is that the law?
No. The ADA provides greater protection to disabled people and so it takes priority over the county laws.

Can a business charge a maintenance or cleaning fee for customers who bring service animals into my business?
No. Neither a deposit nor a surcharge may be imposed on a disabled person – even if deposits are routinely required for pets. However, you may charge a disabled customer if the service animal causes damage, if that’s the regular policy for all customers.

I operate a private taxicab and I do not want animals in my taxi; they smell, shed hair, and sometimes have “accidents.” Am I violating the ADA if I refuse to pick up someone with a service animal?
Yes. Taxicabs may not refuse to provide services to disabled people. Private taxicab companies are also prohibited from charging higher fares or fees for transporting people with service animals than they charge other persons for the same service.

Am I responsible for the animal while the person with a disability is in my business?
No. The supervision of the service animal is solely the responsibility of its owner. You are not required to provide care, food or a special location for the animal.

What if the service animal barks or growls at other people, or otherwise acts out of control?
You may exclude any animal, including service animals, from your facility when that animal’s behavior poses a direct threat to the health or safety of others. You may not make assumptions, however, about how a particular animal is likely to behave based on your experience with other animals. Each situation must be considered individually.

Although a public accommodation may exclude a service animal that is out of control, it should give the owner the option of continuing to patronize the business without the animal on the premises.

Can I exclude an animal that does not really seem dangerous but is disruptive to my business?
There may be a few circumstances when a business is not required to accommodate a service animal – that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. Yet when it does, for example, when a dog barks during a movie, the animal can be excluded.

This information was derived from the U.S. Department of Justice. If you have additional questions about service animals or other requirements of the ADA, you may call the Department’s toll-free hotline at 800-541-0301 (voice) or 800-514-0383 (TDD).

People with complaints or questions about a Santa Monica business should call the Consumer Protection Unit at (310) 458-8336 (voice) or (310) 458-8696 (TTY).

What about City Facilities and the Americans with Disabilities Act?

City of Santa Monica staff strive to include everyone at public facilities. Here are answers to some common questions that arise at City facilities regarding the Americans with Disabilities Act (ADA).

Q: What types of animals are allowed in City facilities?

A: Service animals, which are individually trained to perform specific tasks for persons with disabilities, are allowed in City facilities under the ADA. Emotional support animals (ESAs) are not covered by the ADA and are not allowed (persons with disabilities can have ESAs in their homes under fair housing laws).

Q: What questions can City staff ask about an animal in a public facility?

A: City staff can ask patrons two questions: 1) Whether the patron has a service animal required because of a disability; and 2) What task the animal is trained to perform.

Q: What if other patrons are allergic to, or afraid of, a service animal?

A: A person with a service animal can only be asked to remove it if the animal is out of control or if it is not housebroken. If a person with allergies objects to the presence of a service animal, they both can be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.

Q: Can City facilities put limits on personal belongings brought in by patrons?

A: City facilities can post limits on the number and size of items brought into a facility and enforce the limits for all patrons. Exceptions can be made for individual personal items that are directly related to a disability, such as mobility devices or oxygen tanks.

Q: What determines whether an accommodation is reasonable?

A: Accommodations are deemed reasonable if they don't pose an undue financial or administrative hardship. City staff make every effort to make accommodations for persons with disabilities.

Q: What if patrons deem available accommodations to be insufficient?

A: Patrons who request accommodations in advance can propose alternatives. The alternative accommodation will be provided if it doesn't pose an undue burden.

Q: What if a person with a disability needs assistance in the restroom from a person with a different gender?

A: In California, single-stall bathrooms are gender-neutral. For multi-stall bathrooms, a caregiver can enter a bathroom designated for another gender to aid a person with a disability.

Q: How does City staff address disruptive behavior at public facilities or events?

A: City staff make every effort to accommodate everyone at programs, facilities, and events. However, someone creating a disruption which affects or poses harm to other patrons will be asked to stop the disruption. If the behavior continues, the person will be asked to leave.

If you have additional questions about ADA guidelines, please contact the City Attorney's Office at (310) 458-8336.