Q: Can I request reasonable accommodations under housing laws for a caregiver due to my medical conditions in my apartment?
I have diabetes, a high-risk pregnancy, & on state disability for major depression. My doctor advised against staying alone due to dangerous blood sugar levels. Since then, my boyfriend cares from 10 PM to 5 AM, three to six times a week. He doesn’t shower, have a key, or keep belongings here. Landlord claims my boyfriend has moved in, not just visiting, which is false. Can I request reasonable accommodations under the Fair Housing Act to allow a caregiver without them moving in? Landlord stated I must move after baby is born, as my lease is for one adult & no kids. He might use my caregiver as a reason to evict me. The housing department stopped a no-fault eviction twice & recently required him to pay me a relocation fee on his third attempt, which he refused, so he allowed me to stay. He's been wanting me to move out so he can raise the rent. My lease is for one adult only, with a $75/month fee for additional occupants. A visitor staying over 5 days without consent breaches the lease
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- California
- (916) 704-3009
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- Answered
A:
Yes, you can request reasonable accommodations under the Fair Housing Act (FHA) for a caregiver to assist with your medical conditions without them officially moving in. The FHA requires landlords to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. Your medical conditions, as documented by your doctor, qualify you for these protections.
To make this request, you should write a formal letter to your landlord explaining your need for a caregiver due to your medical conditions and how this need arises from your disabilities. Include documentation from your healthcare provider supporting your need for overnight care. Make it clear that the caregiver does not reside with you but only provides necessary support during specific hours.
Your landlord is legally obligated to consider this request and cannot use your need for a caregiver as a basis for eviction. Additionally, under California law, any attempt to evict you due to your disability-related accommodation needs could be deemed discriminatory. You have rights, and there are organizations that can provide further assistance if your landlord does not comply.
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