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You should talk to the office again and tell them unless they make an accommodation that is satisfactory to your brother you will file a claim with California Fair housing.
Under the fair housing laws:
At the request of an individual with a disability, a housing provider must make reasonable accommodations in rules, policies, practices or services to provide the individual equal opportunity to use and enjoy the dwelling.
This includes, but is not limited to:
- Making an exemption to a "no pet" policy to enable a disabled tenant to have a service animal
- Changing parking rules to enable a disabled tenant to have parking that meets his/her needs
If there is another spot that will better accommodate your brother the apartment complex should make that available.
Unfortunately, like any other parking it is first come first served. The complex cannot oust one handicap tenant in favor of another. Where practical however they need to make an accommodation for your brother. My guess is the other tenant has previously contacted fair housing and management has been sensitized to that tenant's needs.
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