CACI No. 4329. Affirmative Defense - Failure to Provide Reasonable Accommodation
Judicial Council of California Civil Jury Instructions (2025 edition)
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4329.Affirmative Defense - Failure to Provide Reasonable
Accommodation
[Name of defendant] claims that [name of plaintiff] is not entitled to evict
[him/her/nonbinary pronoun] because [name of plaintiff] violated fair
housing laws by refusing to provide [[name of defendant]/a member of
[name of defendant]’s household] [a] reasonable accommodation[s] for
[his/her/nonbinary pronoun] disability as necessary to afford [him/her/
nonbinary pronoun] an equal opportunity to use and enjoy [a/an] [specify
nature of dwelling or public and common use area at issue, e.g., the
apartment building’s mail room].
To establish this defense, [name of defendant] must prove all of the
following:
1. That [[name of defendant]/a member of [name of defendant]’s
household] has a disability;
2. That [name of plaintiff] knew of, or should have known of, [[name
of defendant]/the member of [name of defendant]’s household]’s
disability;
3. That [[name of defendant]/a member of [name of defendant]’s
household/an authorized representative of [name of defendant]]
requested [an] accommodation[s] on behalf of [himself/herself/
nonbinary pronoun/name of defendant] [or] [another household
member with a disability];
4. That [an] accommodation[s] [was/were] necessary to afford
[[name of defendant]/a member of [name of defendant]’s household]
an equal opportunity to use and enjoy the [specify nature of
dwelling or public and common use area at issue, e.g., the apartment
building’s mail room]; and
5. [That [name of plaintiff] failed to provide the reasonable
accommodation[s]]
5. [or]
5. [That [name of plaintiff] failed to engage in the interactive process
to try to accommodate the disability].
New May 2021
Directions for Use
An individual with a disability may raise failure to provide a reasonable
accommodation as an affirmative defense to an unlawful detainer action. (Cal. Code
Regs., tit. 2, § 12176(c)(8)(A).) The individual with a disability seeking a reasonable
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accommodation must make a request for an accommodation. (Cal. Code Regs., tit.
2, § 12176(c)(1).) Such a request may be made by the individual with a disability, a
family member, or someone authorized by the individual with a disability to act on
the individual’s behalf. (Cal. Code Regs., tit. 2, § 12176(c)(2).)
A reasonable accommodation request that is made during a pending unlawful
detainer action is subject to the same regulations that govern reasonable
accommodation requests made at any other time. (Cal. Code Regs., tit. 2,
§ 12176(c)(8).)
Sources and Authority
• Disability Discrimination Prohibited Under Fair Employment and Housing Act.
Government Code section 12940(a).
• “Medical Condition” Defined. Government Code section 12926(i).
• “Mental Disability” Defined. Government Code section 12926(j).
• “Physical Disability” Defined. Government Code section 12926(m).
• Association With Person With a Disability or Perceived to Have a Disability
Protected. Government Code section 12926(o).
• Reasonable Accommodations. California Code of Regulations, title 2, section
12176(a), (c).
• Reasonable Accommodation Requests in Unlawful Detainer Actions. Cal. Code
Regs., tit. 2, § 12176(c)(8).
Secondary Sources
8 Witkin, Summary of California Law (11th ed. 2017) Constitutional Law, §§ 977,
1062-1064
3 California Real Estate Law and Practice, Ch. 63, Duties and Liabilities of Brokers,
§ 63.121 (Matthew Bender)
11 California Forms of Pleading and Practice, Ch. 115, Civil Rights: Employment
Discrimination, §§ 115.22, 115.35, 115.92 (Matthew Bender)
CACI No. 4329 UNLAWFUL DETAINER
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© Judicial Council of California.
