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Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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A couple purchased an apartment in a 12-story condominium built

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A couple purchased an apartment in a 12-story condominium built in 1986. The husband is permanently disabled, suffering from secondary progressive multiple sclerosis; he is able to drive at this time, but gets around with a rollator or a motorized scooter. The condominium has disabled parking spot that were allocated to residents on a first come first serve basis do that most of tahem are used by persons who are not disabled. The couple has requested that the husband be assigned to a disabled parking spot, but none is available and the condominium management has refused to provide an accessible parking spot for the husband. The wife's parking spot is a very long walk to the elevator. What are the husband's rights here? Is the condominium required to reallocate the disabled parking spots from residents without a disability?
Hello and thank you for the question. The condo should reallocate and ensure disabled residents have suitable parking. Otherwise condominium risk being sued for discriminatory conduct. Practically such accommodation is a more elegant solution than expensive litigation. Consider also expanding parking space if available lots exist. Tends to increase market value.
Customer: replied 4 years ago.

What is the basis for your answer? Is it common sense and fairness? Is there an applicable rule or regulation in the Fair Housing Act or the American Disabilities Act that there may be "discriminatory conduct?"

You may reference for example section 4.6 in the link below.

It contains scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. These scoping and technical requirements are to be applied during the design, construction, and alteration of buildings and facilities covered by titles II and III of the ADA to the extent required by regulations issued by Federal agencies, including the Department of Justice and the Department of Transportation, under the ADA.
Customer: replied 4 years ago.

Do the ADA and FHA apply to a condominium building built in 1986? Are the i990 requirements applicable to that building?

They need to be compliant with those statutes as well.
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