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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5528
Experience:  28 years of experience in general practice, real estate law and estate law.
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I am wondering what the law is for providing handicap

Customer Question

I am wondering what the law is for providing handicap parking space to a tenant in a condo complex with 2 designated parking spaces per unit.
Submitted: 19 days ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 19 days ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 19 days ago.

Under the Fair Housing Act’s reasonable accommodation, 42 U.S.C. Sections 3601-3619, the Tenantcan request assigned handicap parking space at no additional cost.

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.

Customer: replied 18 days ago.
This doesn't answer my question. Is the board obligated to create a space? There is no room to do so. There are already two assigned spots
Expert:  Phillips Esq. replied 18 days ago.

I will opt out and give another Attorney the opportunity to further assist you.

Expert:  Attyadvisor replied 18 days ago.

Welcome to JA and thank you for your question. I am a different Attorney and it will be my pleasure to assist you. . The Fair Housing Act requires that the Condo complex needs to make reasonable accommodation. That means that there should be enough spaces and resources available for those in need. Give me a moment to provide a link with the law and a link for you to file a complaint.

Expert:  Attyadvisor replied 18 days ago.

"Disability Rights in Housing

Requires housing providers to make reasonable accommodations for persons with disabilities. A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space. A housing provider should do everything s/he can to assist, but s/he is not required to make changes that would fundamentally alter the program or create an undue financial and administrative burden. Reasonable accommodations may be necessary at all stages of the housing process, including application, tenancy, or to prevent eviction.

Example: A housing provider would make a reasonable accommodation for a tenant with mobility impairment by fulfilling the tenant's request for a reserved parking space in front of the entrance to their unit, even though all parking is unreserved.

  • Requires housing providers to allow persons with disabilities to make reasonable modifications. A reasonable modification is a structural modification that is made to allow persons with disabilities the full enjoyment of the housing and related facilities.

    Examples of a reasonable modification would include allowing a person with a disability to: install a ramp into a building, lower the entry threshold of a unit, or install grab bars in a bathroom. Learn More About Reasonable Accomodations

    Reasonable modifications are usually made at the resident's expense. However, there are resources available for helping fund building modifications. Additionally, if you live in Federally assisted housing the housing provider may be required to pay for the modification if it does not amount to an undue financial and administrative burden. For more information, see the Reasonable Accommodations section of the Section 504 Frequently Asked Questions page.
  • Requires that new covered multifamily housing be designed and constructed to be accessible. In covered multifamily housing consisting of 4 or more units with an elevator built for first occupancy after March 13, 1991, all units must comply with the following seven design and construction requirements of the Fair Housing Act:
    • Accessible Entrance on an Accessible Route
    • Accessible Public and Common-Use Areas
    • Usable Doors
    • Accessible Route Into and Through the Dwelling Unit
    • Accessible Light Switches, Electrical Outlets, Thermostats, and Environmental Controls
    • Reinforced Walls in Bathrooms
    • Usable Kitchens and Bathrooms

In covered multifamily housing without an elevator that consists of 4 or more units built for first occupancy after March 13, 1991, all ground floor units must comply with the Fair Housing Act seven design and construction requirements.

For information on how to comply with the physical accessibility requirements of the Fair Housing Act, visit the Fair Housing Accessibility FIRST Web site.

These requirements apply to most public and private housing. However, there are limited exemptions for owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

If you live in Federally assisted multifamily housing consisting of 5 or more units, 5 percent of these units (or at least one unit whichever is greater) must meet more stringent physical accessibility requirements. Additionally, 2 percent of units (or at least one unit whichever is greater) must be accessible for persons with visual or hearing disabilities. For more information, visit Section 504 Questions and Answers.

People with Disabilities in Federally Assisted Housing: Federal law makes it illegal for an otherwise qualified individual with a disability to be excluded, solely because of his or her disability, from programs receiving federal financial assistance. For more information on the rights of persons with disabilities in federally assisted housing as well as the responsibilities of housing providers who receive federal financial assistance, visit our Section 504: Disability Rights in HUD Programs site."

Expert:  Attyadvisor replied 18 days ago.

This is the link to file the complaint

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

Please let me know if my answer was not helpful to you so I can opt out or request a refund for you. Thank you.

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