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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116800
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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When we first moved into our apartment we visited so we

Customer Question

When we first moved into our apartment we visited so we could I ask questions to make sure that they would be able to facilitate our needs (boyfriend is in a wheelchair) and they said it would be no problem. I called so many times in between putting our deposit down and actually moving in to ask questions about parking and wheelchair access and what not. They have Wheelchair access listed under their apparent amenities and the fair housing logo at the bottom of their website without any disclaimers. When we moved in we noticed that there were so many lies they told us about the complex being accessible. They were built before 1992 so they were grandfathered in to the fair housing act. None of their complex is Ada complaint besides the leasing office and there are two doors leading to our front door that my boyfriend can't use. In the bathroom, the tub floor is raised on the inside so the shower chair bench doesn't reach the floor on the outside. We have to put wood blocks underneath to make it touch the floor when it is fully extended. And the toilet is too small for him to transfer on to. When we moved in I asked about switching the washer/ dryer and stove to ones with front buttons so he could use them. Originally the request was denied, but a call to corporate got them to swap out our stove. I was hoping that they would be able to facilitate our ADA needs better than a regular complex since it is listed as a "luxury" complex, but unfortunately they are not . I turned in a demand letter for all of the safety concerns I have about the complex in regards ***** ***** ADA complacence. This is not what we were expecting to move into and it has cost us so much money just to get here. My question I guess is there a false advertisement case here? is there an ADA case here? Should they have disclosed that they were not up to ADA standards because they were grandfathered in? Should they have shown us our unit before we signed the lease? (we had to sign before we got our keys). They do have a reasonable request line in their lease which I have mentioned to them before, but they seem to not care about our living conditions. We have also had several issues with parking inside the complex. They refuse to give my boyfriend a reserved accessible parking spot. There are a small amount of handicap spots inside the complex, but they fill up very fast, and most of the times the ones close to our apartment are full. He can not park in our garage or the regular spots available due to their small size yet they insisted on charging him for a parking permit. This complex has taken away my boyfriends independence, he depends on me to open any gate or door leading into our unit and he now requires help in the bathroom that he did not prior to living here. We both have very busy lives and have not had the time nor money to be able to move to a different complex.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, if they promised access under the ADA, which they are mandated to provide and you are not being given those accommodations for access, then you have a right to file a complaint with the CA Fair Employment and Housing Agency. If they refuse to provide the accommodations you are requesting in writing, then FEH would be the proper entity to address your complaint and if they cannot resolve the issue, you would have rights to sue them for breach of contract in their promise of providing your access accommodations and seek to terminate the contract if they will not move you or agree to allow you to move and terminate the contract.