Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I live in a private Condo w 84 units. the building dates…

Customer Question
Hi, I live in...

Hi, I live in a private Condo w 84 units. the building dates back to the 1970S

Lawyer's Assistant: Where is the property located?

The Board is seriously considering a $2, million plus renovation/remodellation of the lobby and adjoining areas. But they are not doing anything to help handicapped persons. Now handicaps have to use the service entrance ? I do not find it fair, we are talking of a super large amount of money. Your advise would be greatly appreciated.

Lawyer's Assistant: Has any paperwork been filed?

Property in Mid Miami Beach. For the moment they are still deciding on some small issues BUT when I asked the manager of the building that I did not see any proper entrance for handicapped people, he, the Board and whoever sent the question to the legal advisor of the Condo. He sent a long letter stating that the ADA has nothing to do with this project???

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thanks. I do believe that when a condo spends 2-3 million dollars in renovation there should be some requirement as to provide decent access to all through the main entrance , and not thru the service entrance.

Submitted: 7 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
9/28/2017
Lawyer: Attorney2, Attorney replied 7 months ago
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 8,451
Experience: 30 Years In General Practice,
Verified

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Ask Your Own Legal Question
Lawyer: Attorney2, Attorney replied 7 months ago

This is a fair housing issue as those with a handicap are not provided with reasonable ingress and egress. This is discriminatory. Has anyone filed a fair housing complaint?

Ask Your Own Legal Question
Lawyer: Attorney2, Attorney replied 7 months ago

Are you online with me?

Ask Your Own Legal Question
Lawyer: Attorney2, Attorney replied 7 months ago

This is not an ADA issue. It is a fair housing issue.

Fair Housing Rights

"Disability Rights in Private and Public Housing: Regardless of whether you live in private or public housing, Federal laws provide the following rights to persons with disabilities:

  • Prohibits discrimination against persons with disabilities. It is unlawful for a housing provider to refuse to rent or sell to a person simply because of a disability. A housing provider may not impose different application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions than those required of or provided to persons who are not disabled.

    Example: A housing provider may not refuse to rent to an otherwise qualified individual with a mental disability because s/he is uncomfortable with the individual's disability. Such an act would violate the Fair Housing Act because it denies a person housing solely on the basis of their disability.
  • 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.

Zoning and Land Use: It is unlawful for local governments to utilize land use and zoning policies to keep persons with disabilities from locating to their area. For more information, see the Joint Statement of DOJ and HUD on Group Homes, Local Land Use, and the Fair Housing Act.

State and Local Laws: Many states and localities have fair housing laws that are substantially equivalent to the Federal Fair Housing Act. Some of these laws prohibit discrimination on additional bases, such as source of income or marital status. Some of these laws may impose more stringent design and construction standards for new multifamily housing.

The Americans with Disabilities Act: In most cases, the ADA does not apply to residential housing. Rather, the ADA applies to places of public accommodation such as restaurants, retail stores, libraries, and hospitals as well as commercial facilities such as offices buildings, warehouses, and factories. However, Title III of the ADA covers public and common use areas at housing developments when these public areas are, by their nature, open to the general public. For example, it covers the rental office since the rental office is open to the general public.

Title II of the ADA applies to all programs, services, and activities provided or made available by public entities. This includes housing when the housing is provided or made available by a public entity. For example, housing covered by Title II of the ADA includes public housing authorities that meet the ADA definition of "public entity," and housing operated by States or units of local government, such as housing on a State university campus.."

https://www.hud.gov/program_offices/fair_housing_equal_opp/disabilities/inhousing

Are you online with me?

Ask Your Own Legal Question
Lawyer: Attorney2, Attorney replied 7 months ago

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

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

Ask Your Own Legal Question
Was this answer helpful?
Ask Attorney2 Your Own Question
Attorney2
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 8,451
8,451 Satisfied Customers
Experience: 30 Years In General Practice,

Attorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My employer paid non-exempt employees salary for years who
My employer paid non-exempt employees salary for years who worked overtime and didn't get paid time and a half. What is the time limit for contacting the labor department to complain?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Can a person keep their life Insurance policy if the are on
Can a person keep their life Insurance policy if the are on medicare ? … read more
KLAW
KLAW
Juris Doctorate
2,102 satisfied customers
When will a quitcalim deed in Texas rollover to a title, or
When will a quitcalim deed in Texas rollover to a title, or warranty deed I was told 25 years. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Are the retirement benefits exempt from from probate
Are the retirement benefits exempt from from probate (Texas)? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Is it legal for an employer to expect an exempt manager to
Is it legal for an employer to expect an exempt manager to be available and resolve work related issues around the clock? My daughter's is an assistant manager of a high end bar with night shifts. Her… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
I wonder if there are some legal exemptions applied to the
Hi i wonder if there are some legal exemptions applied to the statute of limitations and if so, do they vary from state to state ? please, Thank you … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Based on my last question, if the company policy doesn't
Based on my last question, if the company policy doesn't have coverage for not paying employees, what are my options? If I file for bankruptcy, what assets of mine are vulnerable? Can they take my hou… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a question about salary for exempted employee. At
i have a question about salary for exempted employee … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Hearing aids: Is insurance policy medicare since it is a
Hearing aids: Is insurance policy medicare since it is a federally issued policy -- exempt from the State of Connecticut code mandating hearing aids for adults vs. only children under 12? Could I rais… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,568 satisfied customers
Auto title question: I'm buying a used car, the title is in
auto title question: I'm buying a used car, the title is in the seller's alias name, the seller's son is signing as POA, the POA is for the seller's legal name. Will DMV accept this POA?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,546 satisfied customers
I am a salaried exempt employee in Maryland. I had finished
Hi! I am a salaried exempt employee in Maryland. I had finished my vacation time and left 2 hours early on two days within the pay period for religious purposes, my boss cut my pay by half a day. I am… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,483 satisfied customers
Is my vehicle considered exempt property. Arkansas and no. A
Me and my husband have been sued by my aunt we have 3 kids with us and I am the only one working and pay childsupport also… read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
Are district hospitals exempt under Public Contract Code
Are district hospitals exempt under Public Contract Code div.2 Part 2, chapter 2 Article 8. conflict of Interest [10410 - 10412], are distric hospitals considered state agency and fall under the CPCC.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If a person gave a gift up to the lifetime exemption in 1999
If a person gave a gift up to the lifetime exemption in 1999 ($650,000), but the lifetime limits are now raised, can that person give an additional gift (over the annual exclusion of $14,000) … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Homestead exemption in Florida. My mother passed in 2000,
Homestead exemption in Florida. My mother passed in 2000, her old house my brother decided to live in. He continu d to pay the taxes as they came each year. In 2018, the city of Jacksonville is procla… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Filing Bk 7 in the state of PA. Jointly. Federal Exemption
Filing Bk 7 in the state of PA. Jointly. Federal Exemption looks alot better then state.I have no equity in my home, its underwater. So the 11k for homstead for not being used the house, since it join… read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
I recently tried to claim a homestead exemption in Florida
I recently tried to claim a homestead exemption in Florida this year and was told at the country property appraiser's office that I need to provide tons of information. Here is the situation:1. I am l… read more
Edward Young
Edward Young
Juris Doctor
395 satisfied customers
I NEED A COPY OF TITLE INSURANCE POLICY BUT I CAN NOT FIND A
I NEED A COPY OF TITLE INSURANCE POLICY BUT I CAN NOT FIND A COMPANY. I PURCHASED A CONDO IN 2002 Y. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x