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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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My brother is is handicapped recently moved in to an apartment

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My brother is is handicapped recently moved in to an apartment complex which is not set up for ADA. I was allowed to put bars in the shower for him, he does not drive so I transport him
to and from work. I rented this particular apartment because there was a handicapped parking
spot at the end of his walkway, which worked great until another handicapped tenant decided to park full time in the handicapped spot. I brought thisissue up to the apartment leasing office and they weren;t to bothered about it . I have to stop in the main driveway, pull out his walker and have him setp out into the main drive thru. Can this tenant just park in the disabled spot 24/7 and not allow other disabled tenants the opportunity to use it?

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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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