Legal Question in Disability Law in California

A landlord can control who occupies the premises you rent. This should ideally be in your lease. There may be a list of people who are entitled to live in your apartment there.

A landlord can also limit specific people who create problems for other tenants or damage the property. This may also be included in your lease or apartment rules.

However, if a tenant (or tenant's child) is disabled, a landlord must make exceptions to the regular rules when it is necessary for the disabled person to live in the apartment or enjoy the use of the premises on the same basis as people who are not disabled. To take advantage of this law, you must make a request. Tell the landlord that your child is disabled, say what you want the landlord to allow you to do, and explain why is a reasonable and necessary accommodation for the child's disability.

After you make this request (preferably in writing), the landlord may either approve your request or discuss it with you to try to find a solution that meets your needs and better meets the landlord's concerns. This "interactive" process is legitimate. If you refuse to consider any reasonable alternative other than the one you started with, the landlord may be justified in refusing your request. If you don't like a landlord's suggestion, explain why it is not reasonable and does not meet your needs. This process may take a little while, but it should stop the landlord's threats to evict you in the meanwhile.

If you violate the tenancy rules, you'll get evicted. A "disability' gives you no special privileges or protections from otherwise lawful or appropriate actions by landlords [or employers or businesses], unless you can demonstrate need for 'reasonable accommodation' properly documented by your doctors, notice of which you have provided the landlord. If this really is a violation of the disability accommodation laws, you could try to file a complaint with the Dept of Fair Employment and Housing office local to you. Discuss it with them, or you could consult with local counsel to get their opinion based upon ALL the facts.