Cal. Civ. Code § 2.03
Housing Discrimination On The Basis Of Handicap
Operative Text
(1) Applicable Law. M.G.L. c. 151B, § 4, subsections 6, 7 and 7A prohibit discrimination in the sale
or rental of accommodations to any person because of that person's physical or mental handicap.
(2) Definition of Handicap. Handicap is defined as follows:
(a) A person with a physical or mental impairment which substantially limits one or more major
life activities. Major life activities include walking, seeing, hearing, speaking, breathing, learning and
working.
(b) A person with a record of having this kind of impairment, or
(c) A person who is perceived as having this kind of impairment.
(3) Reasonable Accommodations and Modifications. Under state law, rules, policies, practices or
service delivery must be changed so that people with disabilities can reasonably live in and enjoy the
premises, including public and common areas. In addition, an owner must permit a person with a
disability to make structural modifications to the building or unit to make them accessible. Under state
law, if the dwelling is in a building with ten or more units or it is publicly assisted housing, the owner
must pay for the reasonable modifications unless she/he can show thatmakingthe changes would cause
an "undue hardship." In all other cases, the disabled person must pay for the modifications.
(4) Examples of Reasonable Modifications and Reasonable Accommodations. Examples of
reasonable modifications and reasonable accommodations include, but are not limited to the following:
(a) A sight-impaired person could request that raised numbers be put on the mailbox, on the
intercom system or in the elevator.
(b) A hearing-impaired person could request that the doorbell flash a light when it is activated,
rather than ring.
(c) A person with a mobility impairment could request that a cabinet be lowered, that a doorway
be widened, that a grab bar be installed or that a front entrance, of five or fewer steps, be ramped.
(5) New Construction. As of March, 1991, all new residential construction for multi-family dwellings
(three or more units) must provide basic access. This includes:
(a) At least one building entrance on an accessible route;
(b) Accessible public paths and other public common areas;
(c) The path of travel into and through the unit (including most balconies and patios) must be
accessible;
(d) Doors intended for passage from outside the unit and throughout the unit must be sufficiently
wide to allow passage by wheelchair;
(e) Switches, thermostats, environmental controls and electrical outlets in accessible locations;
(f) Bathrooms and kitchens must be able to be maneuvered by persons in wheelchairs.
All units on the ground floor must comply with these criteria, and if there is an elevator, all units served
by the elevator must comply. In addition, 5% of allunits must be fully wheelchair accessible, and 2%
must be fully communication accessible.
Renovations must comply with state architectural access regulations (521 CMR).Under 804 Mass. Code Regs. 2.03, Massachusetts law prohibits refusing to rent or sell housing to someone because of a physical or mental disability—including conditions that are merely perceived or on record. Landlords must adjust rules or services so residents with disabilities can reasonably use their homes and common areas, and must allow structural modifications to improve accessibility. In larger buildings (ten or more units) or publicly assisted housing, the owner generally bears the cost of those modifications unless doing so would create an undue hardship.
Plain English — not legal advice.
804 Mass. Code Regs. 2.03 sets clear obligations for property owners: compliant operators evaluate requests for rule changes or physical modifications from residents with disabilities and respond in good faith rather than refusing outright. Owners of buildings with ten or more units or publicly assisted housing should be prepared to cover the cost of reasonable modifications unless they can document that doing so constitutes an undue hardship. New multi-family construction built after March 1991 must also meet the accessibility standards described in this section, including accessible entrances, wide doorways, and a required percentage of fully wheelchair- and communication-accessible units.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
804 Mass. Code Regs. 2.03 protects tenants who have a disability, have a history of one, or are perceived as having one from being denied housing or refused reasonable accommodations and modifications. If a landlord declines a request for an accommodation or modification, a tenant may file a complaint with the Massachusetts Commission Against Discrimination (MCAD), which enforces M.G.L. c. 151B. Tenant-rights organizations can help individuals understand what qualifies as a reasonable request and what options exist for pursuing a complaint.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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