CACI No. 4330. Denial of Requested Accommodation

Judicial Council of California Civil Jury Instructions (2024 edition)

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4330.Denial of Requested Accommodation
[Name of plaintiff] claims that the requested accommodation for [[name of
defendant]’s/a member of [name of defendant]’s household’s] disability was
properly denied because of an exception to [name of plaintiff]’s duty to
reasonably accommodate a tenant’s disability. To defeat [name of
defendant]’s accommodation defense, [name of plaintiff] must prove:
[Specify the provision(s) at issue from California Code of Regulations, title
2, section 12179, e.g., that the requested accommodation would impose an
undue financial and administrative burden on the plaintiff].
New November 2021
Directions for Use
This instruction is for use with CACI No. 4329, Affırmative Defense - Failure to
Provide Reasonable Accommodation. Give this instruction only if the plaintiff in an
unlawful detainer case claims that the requested accommodation was properly
denied. (See Cal. Code Regs., tit. 2, § 12179.) Include only factors from the
regulation that are at issue.
Sources and Authority
Denial of Reasonable Accommodation in Unlawful Detainer Case. Title 2
California Code of Regulations section 12179.
Secondary Sources
12 Witkin, Summary of California Law (11th ed. 2017) Real Property, §§ 734-738,
752
3 California Real Estate Law and Practice, Ch. 63, Duties and Liabilities of Brokers,
§ 63.121 (Matthew Bender)
4331-4339. Reserved for Future Use
1200

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