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I live in an "apartment bldg" of condos. there is indoor…

Customer Question
I live in an...

I live in an "apartment bldg" of condos. there is indoor parking for all "tenants" but only outdoor handicap parking. Is this legal?

Lawyer's Assistant: Can you tell me what state this is in? And do you know who owns the lot?

Ny don't know who onns lot.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I lease an "apt" owned by one of the condo owners. i believe bldg is owned by realty performance group, inc of rochester ny. there are rules involving use and care of condos.

Submitted: 5 months ago.Category: Real Estate Law
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11/3/2017
Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,569
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 5 months ago

The NY case addressed a similar issue in Hubbard v. Samson Management Co. as the court stated:

If "they were required to supply free, reserved parking for Hubbard, they might be similarly required to provide parking near the apartment of every handicapped tenant in the complex. If the current allocation of parking spaces disadvantages handicapped tenants, then Samson might indeed be required to allocate parking so as to assure handicapped tenants an opportunity equal to that of their nonhandicapped neighbors to use and enjoy their dwelling" so based on such language the parking spaces would need to be comparable.

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