Code Details

Civil Code – CIV
DIVISION 1. PERSONS [38 – 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. )
PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 – 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )

Exact Statute Text

(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 of real property, 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 in the residence.

(3) (A) A 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 before 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) A 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) This subdivision does not require a 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), this part does not require a 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 a 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 hard of hearing 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 hard of hearing 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, this paragraph does not 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 does this paragraph 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 damage exists.

(C) (i) As used in this subdivision, “guide dog” means a 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 a dog trained to alert an individual who is deaf or hard of hearing to intruders or sounds.

(iii) As used in this subdivision, “service dog” means a 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 a 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 hard of hearing, 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. This subdivision does not 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 hard of hearing and persons authorized to train signal dogs for individuals who are deaf or hard of hearing, 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 this section does not limit the access of any person in violation of that act.

(e) This section does not 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.

(Amended by Stats. 2016, Ch. 94, Sec. 1. (AB 1709) Effective January 1, 2017.)

Civil Code § 54.1 Summary

California Civil Code § 54.1 ensures that individuals with disabilities have full and equal access to public accommodations, transportation, and housing throughout the state, mirroring the access provided to the general public.

Specifically, the statute mandates equal access to a wide array of public places, including common carriers, medical facilities, hotels, and places of public amusement. For transportation, the standard of “full and equal access” must meet or exceed the requirements of the Americans with Disabilities Act (ADA).

Regarding housing, the law ensures equal access to rental and leased properties. It requires landlords to permit disabled tenants to make reasonable modifications to their living space at their own expense, provided the tenant agrees to restore the property to its original condition. Landlords must also make reasonable accommodations in their policies, rules, or services to ensure equal opportunity for individuals with disabilities to use and enjoy their homes. A critical component of the housing provisions is the protection for individuals who use service animals, including guide dogs, signal dogs, and other service dogs, making it illegal for landlords to refuse housing or deny the presence of such animals, subject to reasonable regulations and tenant liability for damages. The statute also prohibits housing discrimination based on a disabled individual’s financial dependence on a spouse if that spouse is part of the lease.

Furthermore, Civil Code § 54.1 permits individuals who are training guide, signal, or service dogs to bring them into public and housing accommodations, provided the dogs are leashed, properly tagged, and the trainer is liable for any damages caused. The statute explicitly states that a violation of the ADA also constitutes a violation of this section and clarifies that it does not affect disabled persons parking enforcement.

Purpose of Civil Code § 54.1

California Civil Code § 54.1 was enacted to combat discrimination and ensure comprehensive inclusivity for individuals with disabilities across California. The fundamental purpose of this statute is to dismantle barriers that prevent disabled individuals from fully participating in society, accessing essential services, and securing stable housing. By mandating “full and equal access,” the law seeks to integrate people with disabilities into public life, transportation, medical care, and residential communities on par with their non-disabled counterparts. It addresses historical inequities and physical impediments that have limited opportunities for disabled individuals, promoting dignity, independence, and equal treatment. This legislation serves as a critical component of California’s broader commitment to civil rights, ensuring that physical or mental disabilities do not become grounds for exclusion from the fundamental aspects of daily living.

Real-World Example of Civil Code § 54.1

Imagine Sarah, who uses a wheelchair due to a mobility impairment, is searching for an apartment to rent in California. She finds an ideal apartment, but the landlord has a strict “no pets” policy. Sarah uses a trained service dog, Buster, who assists her with various tasks, including fetching dropped items and opening doors.

Under Civil Code § 54.1(b)(6)(A), the landlord cannot refuse to lease the apartment to Sarah on the basis that she uses a service dog. The law explicitly states that denying housing because an individual uses a service dog (including guide, signal, or other service dogs) is a denial of equal access. The landlord must make a reasonable accommodation to their “no pets” policy to allow Buster to live with Sarah.

Furthermore, Sarah might need to make modifications to the apartment to ensure full enjoyment, such as installing grab bars in the bathroom or a small ramp at the entrance to a balcony. According to Civil Code § 54.1(b)(3)(A), the landlord cannot refuse to permit these reasonable modifications, provided Sarah pays for them and agrees to restore the premises to their original condition when she moves out. She might also need to pay into an escrow account for the estimated cost of restoration.

This example illustrates how Civil Code § 54.1 protects individuals with disabilities in housing by ensuring they can live with their service animals and modify their living spaces for necessary accessibility, promoting equal opportunity and independence.

Related Statutes

• Americans with Disabilities Act (ADA) (Public Law 101-336): This federal law is directly referenced in Civil Code § 54.1. The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. Civil Code § 54.1 often overlaps with the ADA, and in many instances, a violation of the ADA constitutes a violation of Civil Code § 54.1, though California law can impose higher standards.
• Civil Code § 51 (Unruh Civil Rights Act): This broad California statute prohibits discrimination by all business establishments within the state. It explicitly includes disability as a protected characteristic, ensuring equal access and treatment in public accommodations. Civil Code § 54.1 is considered a specific application and expansion of the Unruh Act concerning disability access.
• Government Code § 12900 et seq. (California Fair Employment and Housing Act – FEHA): FEHA primarily prohibits discrimination in employment and housing. For housing, it makes it unlawful to discriminate against individuals with disabilities, requiring landlords to make reasonable accommodations and allow reasonable modifications, similar to Civil Code § 54.1(b), but with its own enforcement mechanisms.
• California Government Code § 11135: This section generally prohibits discrimination on the basis of disability (among other protected characteristics) in any program or activity that is conducted by, or receives financial assistance from, the state.

Case Law Interpreting Civil Code § 54.1

• [Jankey v. FHP, Inc.](https://scholar.google.com/scholar_case?case=17688220970335016766&q=%22Civil+Code+%C2%A7+54.1%22&hl=en&as_sdt=4,5) (1996) 46 Cal.App.4th 1500: This case delves into the interpretation of “full and equal access” under Civil Code § 54.1. The court discussed the responsibilities of property owners to ensure access for individuals with disabilities and clarified that the statute imposes a duty to provide access to facilities themselves, not merely to the services offered within those facilities. The court affirmed that property owners must address physical barriers that impede access.
• [Munson v. Del Taco, Inc.](https://scholar.google.com/scholar_case?case=16580975877840130985&q=%22Civil+Code+%C2%A7+54.1%22&hl=en&as_sdt=4,5) (2009) 46 Cal.4th 467: While primarily focused on standing under the Unruh Civil Rights Act (Civil Code § 51) for architectural barriers, this California Supreme Court case extensively discusses the interplay between the ADA, the Unruh Act, and Civil Code § 54.1. It highlights that a violation of the ADA’s accessibility standards constitutes a violation of both the Unruh Act and Civil Code § 54.1, allowing plaintiffs to seek remedies under state law for federal violations. This case underscores the complementary nature of these statutes in ensuring disability access in California.

Why Civil Code § 54.1 Matters in Personal Injury Litigation

Civil Code § 54.1 holds significant weight in California personal injury litigation, particularly in cases involving premises liability and negligence, for both plaintiffs and defense counsel.

For plaintiffs, this statute provides a powerful legal basis to establish a defendant’s breach of duty. If a business or property owner fails to provide the “full and equal access” mandated by Civil Code § 54.1—for instance, by neglecting to install proper ramps, maintaining inaccessible entrances, or failing to make reasonable accommodations in housing—and this failure directly causes an injury to an individual with a disability, a claim for negligence per se may arise. Negligence per se simplifies the plaintiff’s burden by establishing that the defendant’s conduct was negligent because it violated a safety statute. For example, if a wheelchair user falls due to a non-compliant ramp in a public building, the lack of compliance with CC § 54.1 standards can be a direct cause of their injury. Beyond physical injuries, plaintiffs may also seek damages for emotional distress, humiliation, and indignity resulting from the denial of equal access, which is often explicitly allowed under the Unruh Civil Rights Act (Civil Code § 51), frequently litigated alongside CC § 54.1.

For defense arguments, understanding Civil Code § 54.1 is crucial for risk management and liability defense. Businesses and property owners must proactively ensure their premises and policies comply with the statute’s requirements, as well as the ADA’s standards, to avoid potential lawsuits. Defense attorneys will scrutinize the alleged violation, whether the plaintiff indeed qualifies as an “individual with a disability” under the law, and if the alleged injury was directly caused by the lack of access rather than other factors. They may argue that reasonable accommodations were made, or that modifications requested were not “reasonable” or “necessary.” Compliance with CC § 54.1 standards serves as a strong defense against claims of negligence or discrimination, demonstrating that the defendant fulfilled their legal duty of care to provide a safe and accessible environment.

In essence, Civil Code § 54.1 establishes a clear standard of care for accessibility, making it an indispensable tool for personal injury attorneys to protect the rights of individuals with disabilities and hold responsible parties accountable for failures in access that lead to harm.