Q: How can I address landlord harassment using my disability to avoid a UD?
I'm facing harassment from my landlord, who is using my mobility disability against me to force me out and avoid an unlawful detainer (UD). The landlord has forbidden others from assisting me, even with tasks like taking out the trash, citing "security" reasons with locked gates. I've documented these prohibitions and was informed by the city's housing authority that they can take complaints but have no enforcement power over the landlord's actions. Despite having a clinic lawyer for the UD, I'm unsure why this situation isn't being presented in court as evidence of the landlord's bad faith. How can I address this legal issue to ensure fair treatment?
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- California
- (916) 704-3009
- View Profile
- Answered
A:
You have the right to request reasonable accommodations under the Fair Housing Act and California's Fair Employment and Housing Act. Your landlord’s refusal to allow assistance for tasks like taking out the trash could be considered a denial of a reasonable accommodation. Document everything—emails, texts, letters, or notes about interactions—and keep copies of any correspondence where you request help or explain your needs.
Bring these concerns to your clinic lawyer directly and ask why they haven’t introduced this as part of your defense. It may be strategic, or they may need more documentation to support the claim. Explain how the harassment and denial of help directly affect your ability to live safely and independently in your unit, and ask them to consider using this to show the landlord’s intent to force you out.
If the clinic lawyer doesn’t act on it, you can also file a housing discrimination complaint with California’s Civil Rights Department (CRD) or the U.S. Department of Housing and Urban Development (HUD). These agencies can investigate disability discrimination and retaliation. While your local housing authority may lack enforcement power, these state and federal agencies do not.
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