Cal. Code Regs. Tit. 2, § 12177 - The Interactive Process
(a) Whenever a
person who receives a request for a reasonable accommodation or modification
cannot immediately grant the requested accommodation or modification, the Act
requires the person considering the request to engage in an interactive process
with the individual with a disability or the individual's representative. The
purpose of the interactive process is to exchange information to identify,
evaluate, and implement a reasonable accommodation or modification that allows
the individual with a disability equal opportunity to use and enjoy a dwelling
or housing opportunity. The Act does not predetermine the outcome of any
interactive process. However, the Act requires that the interactive process be
timely (pursuant to subsection (d)) and that it be conducted in good faith.
Good faith means the person considering the request must make a fair and honest
effort to engage in the interactive process and to consider the
request.
(b) If the person
considering the request for accommodation or modification believes they do not
have sufficient information to establish either that a disability exists or the
nature of the disability-related need for the accommodation or modification, or
if the nexus between the disability and the requested accommodation or
modification is not clear to the person considering the request for
accommodation or modification, the person considering the request for
accommodation must seek clarification or additional information pursuant to
section
12178
from the individual with a disability or the individual's representative. The
person considering the request must not deny it for lack of information without
first requesting the clarification or additional information and providing a
reasonable opportunity for the individual requesting the accommodation to
provide it.
(c) If the person
considering the request believes that the initially requested accommodation or
modification cannot be granted for a reason permitted under subsections
12179(b)-(c)
or section 12181, the person considering the request must try to identify if
there is another accommodation or modification that is equally effective and
must discuss with the individual with the disability or the individual's
representative whether other alternative accommodations or modifications would
be equally effective in meeting the needs of the individual with a disability.
Equally effective means that the alternative accommodation or modification will
allow the person with the disability to use and enjoy a dwelling or housing
opportunity as well as the requested accommodation or modification would have.
If an alternative accommodation or modification would effectively meet the
disability-related needs of the individual and could not be lawfully denied for
a reason permitted under subsection
12179(b)-(c),
the person considering the request must grant it. The individual requesting the
accommodation or modification is not obligated to accept an alternative
accommodation or modification if the alternative accommodation or modification
will not meet the needs of the individual with the disability and the initially
requested accommodation or modification could not be lawfully denied for a
reason permitted under section
12179.
The individual with the disability has the most accurate knowledge about the
functional limitations posed by their disability, and therefore the
individual's preferences should be given significant weight.
(d) Requests for reasonable accommodations or
modifications must be promptly considered as determined on a case-by-case
basis. The time necessary to respond to a request depends on many factors,
including:
(1) The nature of the
accommodation or modification under consideration;
(2) Whether it is necessary to obtain
supporting information because the disability or the need for the accommodation
or modification is not obvious or known to the person considering the
request;
(3) Whether the
accommodation or modification is needed on an urgent basis; and
(4) Whether it is necessary to engage in the
interactive process to resolve the request.
(e) An undue delay by the person considering
the request, for example, when there is a failure to act promptly on the need
to acquire additional information pursuant to section
12178
or when there is no response to the request in a reasonable time, may
constitute a denial of a reasonable accommodation or modification. Whether a
request has been promptly considered is a case-by-case factual
determination.
(f) A failure to
reach an agreement on an accommodation or modification request after a
reasonable attempt to do so is in effect a decision not to grant the requested
accommodation or modification. If the individual requesting the accommodation
or modification or their representative has, after a reasonable opportunity,
unreasonably failed to provide relevant information that was requested
consistent with the regulations, the person considering the request may find
this failure to be grounds for determining that the accommodation or
modification could not be granted. What will constitute a reasonable attempt, a
reasonable opportunity, or an unreasonable failure to provide relevant
information will depend on the individual facts of every case, but can include
factors such as the length of time spent in discussions or taken to provide
information; whether the parties have acted in good faith; and whether there
were clear efforts to communicate what information was required to evaluate the
accommodation or modification.
(g)
If after a denial of an initial request for an accommodation or modification,
the individual with a disability or their representative makes a later request
for the same or similar accommodation or modification, the latter request must
be considered pursuant to these regulations independently of the initial
request.
Notes
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12926, 12926.1, 12927, 12948, 12955 and 12955.3, Government Code; and Auburn Woods I Homeowners Ass'n v. Fair Employment and Housing Com'n (2004) 121 Cal.App.4th 1578.
2. Amendment of section and Note filed 11-19-2021; operative
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