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California Civil Code Section 54.1

Legal Research Home > California Laws > Civil Code > California Civil Code Section 54.1

54.1.  (a) (1) Individuals with disabilities shall be entitled to
full and equal access, as other members of the general public, to
accommodations, advantages, facilities, medical facilities, including
hospitals, clinics, and physicians' offices, and privileges of all
common carriers, airplanes, motor vehicles, railroad trains,
motorbuses, streetcars, boats, or any other public conveyances or
modes of transportation (whether private, public, franchised,
licensed, contracted, or otherwise provided), telephone facilities,
adoption agencies, private schools, hotels, lodging places, places of
public accommodation, amusement, or resort, and other places to
which the general public is invited, subject only to the conditions
and limitations established by law, or state or federal regulation,
and applicable alike to all persons.
   (2) As used in this section, "telephone facilities" means tariff
items and other equipment and services that have been approved by the
Public Utilities Commission to be used by individuals with
disabilities in a manner feasible and compatible with the existing
telephone network provided by the telephone companies.
   (3) "Full and equal access," for purposes of this section in its
application to transportation, means access that meets the standards
of Titles II and III of the Americans with Disabilities Act of 1990
(Public Law 101-336) and federal regulations adopted pursuant
thereto, except that, if the laws of this state prescribe higher
standards, it shall mean access that meets those higher standards.
   (b) (1) Individuals with disabilities shall be entitled to full
and equal access, as other members of the general public, to all
housing accommodations offered for rent, lease, or compensation in
this state, subject to the conditions and limitations established by
law, or state or federal regulation, and applicable alike to all
persons.
   (2) "Housing accommodations" means any real property, or portion
thereof, that is used or occupied, or is intended, arranged, or
designed to be used or occupied, as the home, residence, or sleeping
place of one or more human beings, but shall not include any
accommodations included within subdivision (a) or any single-family
residence the occupants of which rent, lease, or furnish for
compensation not more than one room therein.
   (3) (A) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to permit an individual
with a disability, at that person's expense, to make reasonable
modifications of the existing rented premises if the modifications
are necessary to afford the person full enjoyment of the premises.
However, any modifications under this paragraph may be conditioned on
the disabled tenant entering into an agreement to restore the
interior of the premises to the condition existing prior to the
modifications. No additional security may be required on account of
an election to make modifications to the rented premises under this
paragraph, but the lessor and tenant may negotiate, as part of the
agreement to restore the premises, a provision requiring the disabled
tenant to pay an amount into an escrow account, not to exceed a
reasonable estimate of the cost of restoring the premises.
   (B) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to make reasonable
accommodations in rules, policies, practices, or services, when those
accommodations may be necessary to afford individuals with a
disability equal opportunity to use and enjoy the premises.
   (4) Nothing in this subdivision shall require any person renting,
leasing, or providing for compensation real property to modify his or
her property in any way or provide a higher degree of care for an
individual with a disability than for an individual who is not
disabled.
   (5) Except as provided in paragraph (6), nothing in this part
shall require any person renting, leasing, or providing for
compensation real property, if that person refuses to accept tenants
who have dogs, to accept as a tenant an individual with a disability
who has a dog.
   (6) (A) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired on
the basis that the individual uses the services of a guide dog, an
individual who is deaf or hearing impaired on the basis that the
individual uses the services of a signal dog, or to an individual
with any other disability on the basis that the individual uses the
services of a service dog, or to refuse to permit such an individual
who is blind or visually impaired to keep a guide dog, an individual
who is deaf or hearing impaired to keep a signal dog, or an
individual with any other disability to keep a service dog on the
premises.
   (B) Except in the normal performance of duty as a mobility or
signal aid, nothing contained in this paragraph shall be construed to
prevent the owner of a housing accommodation from establishing terms
in a lease or rental agreement that reasonably regulate the presence
of guide dogs, signal dogs, or service dogs on the premises of a
housing accommodation, nor shall this paragraph be construed to
relieve a tenant from any liability otherwise imposed by law for real
and personal property damages caused by such a dog when proof of the
same exists.
   (C) (i) As used in this subdivision, "guide dog" means any guide
dog that was trained by a person licensed under Chapter 9.5
(commencing with Section 7200) of Division 3 of the Business and
Professions Code or as defined in the regulations implementing Title
III of the Americans with Disabilities Act of 1990 (Public Law
101-336).
   (ii) As used in this subdivision, "signal dog" means any dog
trained to alert an individual who is deaf or hearing impaired to
intruders or sounds.
   (iii) As used in this subdivision, "service dog" means any dog
individually trained to the requirements of the individual with a
disability, including, but not limited to, minimal protection work,
rescue work, pulling a wheelchair, or fetching dropped items.
   (7) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired, an
individual who is deaf or hearing impaired, or other individual with
a disability on the basis that the individual with a disability is
partially or wholly dependent upon the income of his or her spouse,
if the spouse is a party to the lease or rental agreement. Nothing in
this subdivision, however, shall prohibit a lessor or landlord from
considering the aggregate financial status of an individual with a
disability and his or her spouse.
   (c) Visually impaired or blind persons and persons licensed to
train guide dogs for individuals who are visually impaired or blind
pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3
of the Business and Professions Code or guide dogs as defined in the
regulations implementing Title III of the Americans with Disabilities
Act of 1990 (Public Law 101-336), and persons who are deaf or
hearing impaired and persons authorized to train signal dogs for
individuals who are deaf or hearing impaired, and other individuals
with a disability and persons authorized to train service dogs for
individuals with a disability, may take dogs, for the purpose of
training them as guide dogs, signal dogs, or service dogs in any of
the places specified in subdivisions (a) and (b). These persons shall
ensure that the dog is on a leash and tagged as a guide dog, signal
dog, or service dog by identification tag issued by the county clerk,
animal control department, or other agency, as authorized by Chapter
3.5 (commencing with Section 30850) of Division 14 of the Food and
Agricultural Code. In addition, the person shall be liable for any
provable damage done to the premises or facilities by his or her dog.
   (d) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this section shall be
construed to limit the access of any person in violation of that act.
   (e) Nothing in this section shall preclude the requirement of the
showing of a license plate or disabled placard when required by
enforcement units enforcing disabled persons parking violations
pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.

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Last modified: March 17, 2014