Disabled Tenants’ Rights in San Francisco, Berkeley, and Oakland

At Wolford Wayne, LLP, we represent renters when landlords ignore or violate these rights, whether through harassment, denial of accommodations, or unlawful eviction attempts.

Legal Framework: Federal, State, and Local

Disabled tenants in the Bay Area benefit from a layered web of protections, beginning at the federal level and reinforced by California law and local city ordinances. Together, these rules ensure that disabled renters cannot be excluded from housing, denied necessary accommodations, or forced out of their homes without strong justification.

Fair Housing Act (FHA)

The FHA is the foundation of disability rights in housing. It prohibits landlords from discriminating against tenants because of a disability and requires them to make reasonable accommodations to policies or services and to allow reasonable modifications to rental units and common areas. 

• Accommodations might include allowing an assistance animal in a no-pet building or assigning a parking space near a building entrance. 
• Modifications might include installing grab bars or widening a doorway. 

Importantly, while landlords must accommodate these changes, renters generally bear the cost unless other funding sources are available.

Section 504 of the Rehabilitation Act

Section 504 applies specifically to housing providers that receive federal financial assistance. Its protections often go further than the FHA by requiring the housing provider—rather than the tenant—to pay for structural changes unless doing so would impose an undue burden. This shifts the cost of accessibility upgrades, such as ramps, elevators, or communication devices, away from tenants who often live on fixed incomes.

California Fair Employment and Housing Act (FEHA)

At the state level, FEHA mirrors and expands federal protections. It prohibits discrimination in the rental, leasing, or sale of housing based on disability. It also bans harassment and retaliation against tenants who assert their rights, file complaints, or request accommodations. FEHA is enforced by the California Civil Rights Department, which can investigate complaints, issue findings, and pursue enforcement actions.

Local Ordinances in San Francisco, Oakland, and Berkeley

Each of the three cities adds further protections. 

• San Francisco’s Rent Ordinance prohibits harassment, protects “disabled tenants” from certain no-fault evictions, and allows tenants to seek remedies through the Rent Board. 
• Oakland’s Just Cause for Eviction Ordinance and Tenant Protection Ordinance restrict landlords from using harassment or eviction to push out disabled tenants. 
• Berkeley’s Rent Stabilization Ordinance and Tenant Protection Ordinance also provide remedies and enhanced penalties when misconduct is directed at renters who are disabled or elderly.

Who Is Protected: Definitions and Coverage

There are three main categories of renters who are considered “protected tenants” under California law:

1. Age: Tenants who are 60 years of age or older and have been living in the unit for 10 years or more are classified as protected tenants.
2. Disability: Tenants who have a disability and have lived in the unit for 10 years or more are considered protected tenants.
3. Chronic Illness: Renters who are chronically ill and have been living in the unit for 5 years or more are protected tenants.

Federal and state laws broadly define disability. Under the FHA and FEHA, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities. These protections apply regardless of whether the tenant resides in a private apartment, a rent-controlled unit, federally subsidized housing, or public housing.

San Francisco provides additional protections through its “protected tenant” designations. Tenants who are permanently disabled, catastrophically ill, or receiving Supplemental Security Income (SSI) or State Supplemental Payments (SSP) are often shielded from no-fault evictions such as owner move-ins. These protections recognize that disabled tenants may face extraordinary hardship if forced to relocate in a high-cost, low-vacancy housing market.

For example, a tenant undergoing dialysis or cancer treatment may be considered “catastrophically ill” and protected from displacement. Similarly, a tenant receiving SSI/SSP benefits may qualify as a protected tenant. In these cases, landlords face steep barriers if they attempt to reclaim the unit for their own use or to house a relative.

Reasonable Accommodations vs. Reasonable Modifications

The distinction between accommodations and modifications is central to understanding disabled tenants’ rights.

Reasonable Accommodations 

Accommodations are changes to rules, policies, or practices that enable a tenant to use and enjoy their home equally. Examples include allowing a service or support animal despite a no-pet rule, reserving an accessible parking space, permitting flexible rent due dates, allowing a live-in aide, or providing communications in accessible formats such as large print or Braille.

Reasonable Modifications 

involve physical changes to the property. This could mean adding a wheelchair ramp, installing grab bars, lowering countertops, or modifying door hardware. Under the FHA, renters typically pay for modifications themselves, but landlords must allow them. By contrast, under Section 504, if the housing is federally funded, the landlord is usually responsible for paying for modifications unless the cost would create an undue burden or fundamentally alter the program.

Interactive Process for Modifications and Accommodations

When a tenant requests an accommodation or modification, both parties must engage in an interactive process to determine the best solution. Landlords may ask for limited documentation if the disability or the connection to the request is not obvious, but they cannot demand a diagnosis or overly invasive medical details. 

Disability Rights California notes that tenants can usually provide a simple verification letter from a healthcare provider. Timely communication is essential: prolonged silence or unreasonable delays by the landlord can themselves amount to unlawful discrimination.

Assistance Animals (Service and Support Animals)

One of the most common accommodation disputes involves assistance animals. Under federal and state law, renters with disabilities are entitled to keep service animals and emotional support animals regardless of building policies. Landlords cannot charge pet fees, deposits, or higher rent for these animals, nor can they restrict them from common areas.

Housing providers may request documentation when the disability or need for the animal is not readily apparent. However, they cannot require medical records or details about the tenant’s condition. A letter from a licensed healthcare provider stating that the animal provides disability-related support is generally sufficient. Attempts to deny an assistance animal based on breed, size, or arbitrary pet rules are unlawful.

Accessibility of Buildings and Common Areas

Beyond individual units, accessibility of shared spaces is critical. Landlords and housing providers must ensure that tenants with disabilities can access building entrances, mailboxes, laundry rooms, and community facilities. Under Section 504, federally funded housing providers often bear the cost of these changes.

San Francisco has also created a specific pathway through Planning Code § 305.1 for tenants seeking reasonable modifications to a building. This process helps tenants formally request structural adjustments, such as adding ramps or modifying entrances, and ensures city oversight of whether the requests are granted or denied.

Repairs, Habitability, and Reduction in Housing Services

When repairs directly affect accessibility, failure to act can become a form of discrimination. For example, leaving an elevator broken for weeks may disproportionately harm tenants who rely on wheelchairs. Similarly, allowing automatic doors or lighting in common hallways to remain broken may amount to harassment if it creates ongoing barriers.

Tenants in San Francisco and Oakland can file petitions with the Rent Board when there is a reduction in housing services that interferes with accessibility. If the reduction is significant, the Rent Board may order rent reductions until services are restored. This provides tenants both leverage and financial relief while they pursue repairs.

Privacy, Dignity, and Limits on Landlord Entry

California law strictly limits when landlords may enter a tenant’s unit. Typically, entry is only permitted for repairs, inspections, or emergencies, provided proper notice has been given. For disabled tenants, repeated or unnecessary entry may violate not only Civil Code protections but also their right to privacy and dignity.

Some tenants require caregivers or aides, and any intrusion by the landlord must respect that arrangement. Disabled tenants have the right to insist on reasonable accommodations regarding entry, such as scheduling visits when a support person is present. When landlords misuse entry rights to intimidate or harass renters, those actions can be challenged under local harassment ordinances.

Eviction Protections and “Protected Tenants”

Disabled tenants in San Francisco, Oakland, and Berkeley often enjoy special protections against eviction.

The owner can't conduct an OMI eviction during the school year if the unit has tenants with minor school-age children residing in the unit. The protected status only applies to tenants with minor children (under 18) who are living with them. When the child turns 18 (even if they are still in school), the tenant loses their protected tenant status and can be evicted.

Furthermore, tenants who are employed by a public, private, or parochial school in the City or County of San Francisco. However, this does not apply for the entire term of the lease; a landlord may proceed with an OMI that is due to expire in the summer.

Owner Move-in Evictions (OMI)

In addition to the general provisions for protected tenants, the status of protected tenants is particularly important in the context of owner move-in evictions (OMI). San Francisco doesn't generally allow any tenants who are considered protected tenants to be evicted under an owner move-in eviction.

However, this doesn't apply if the landlord owns only one unit in the building or if the landlord already resides in the building with a "protected tenant" in each unit and wants to make a relative move-in (RMI) with a relative who is 60 years old or older.

Ellis Act Evictions

Unlike an OMI, a tenant's protected tenant status has no bearing on whether they can be evicted via the Ellis Act. The Ellis Act is a California state law that gives property owners the right to evict tenants in order to exit the rental business. For this to be valid, the landlord/owner must evict all tenants in all units of the building and can't just target a single tenant. Because this is an unconditional right for the landlord, a protected tenant is not exempt; any tenant may be evicted if the eviction is under the Ellis Act.

However, if the landlord evicts a tenant under the Ellis Act, special conditions apply. For tenants who are 60 years old or older and disabled tenants who have lived in their unit for at least 12 months, the landlord must provide them with 12 months' notice to evict under the Ellis Act.

Making the Request: Step-by-Step

Tenants should make accommodation or modification requests in writing whenever possible. The request should describe the disability-related need, specify whether it is an accommodation, modification, or transfer, and explain how it will allow equal use of the home.

Landlords may request limited verification if the disability or nexus is not obvious, but they cannot ask for a diagnosis or medical records. A brief letter from a healthcare provider is usually enough.

If a landlord fails to respond promptly, the tenant should follow up in writing. If the request is ignored or denied, escalation may involve filing a rent board petition, contacting code enforcement, or pursuing a complaint with the Civil Rights Department or HUD. In some cases, a demand letter from an attorney may be the most effective tool.

How Wolford Wayne, LLP Helps Disabled Tenants

At Wolford Wayne, LLP, we represent disabled tenants in San Francisco, Oakland, and Berkeley who face discrimination, harassment, or eviction. We investigate early, help tenants gather documentation, and file rent board petitions for decreased services. We pursue claims related to harassment and discrimination, defend against unlawful owner move-ins and no-fault evictions, and coordinate with medical providers to prepare verification letters. Whether through negotiation or litigation, we work to enforce the law and secure justice for tenants.

Suppose you believe you qualify as a protected tenant, but aren't receiving your rights. In that case, you should consult with a skilled attorney. Wolford Wayne tenants' rights attorneys are available to help you learn more about your rights and hold your ground against your landlord. Contact us today to learn more.