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Old 03-19-2012, 02:01 PM
 
Location: Austin, TX
14,066 posts, read 18,433,190 times
Reputation: 6178
Default What does the law require in regard to handicapped parking in housing parking lot?

I came across this in regard to the U.S. Fair Housing Laws and wanted to share it. The HUD Fair Housing website offers an example that speaks specifically to this issue (see the example in bold and underlined below).

What does the law require in regard to handicapped parking in housing parking lot?

The U.S. Fair Housing Act requires the following:

Quote:
Fair Housing -- It's Your Right - HUD
Basic Facts About the Fair Housing Act

What Housing Is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts 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.

Additional Protection if You Have a Disability
If you or someone associated with you:
  • Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
  • Have a record of such a disability or
  • Are regarded as having such a disability
your landlord may not:
  • Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
  • Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
Example: A building with a no pets policy must allow a visually impaired tenant to keep a guide dog.

Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
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Old 03-20-2012, 10:15 AM
 
Location: Seaford, Delaware
3,338 posts, read 9,456,429 times
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The question is not clear. If you have a specific issue or tenant request, what is the request? Be specific and maybe you can get an answer.
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Old 03-20-2012, 10:20 AM
 
Location: New England
239 posts, read 243,539 times
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Quote:
Originally Posted by ShaneSA View Post
The question is not clear. If you have a specific issue or tenant request, what is the request? Be specific and maybe you can get an answer.
I believe he is just sharing info, Shane. There was a post recently which concerned this type of information, but that post is now locked
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Old 03-20-2012, 12:40 PM
 
Location: Austin, TX
14,066 posts, read 18,433,190 times
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Quote:
Originally Posted by fraydnerv View Post
I believe he is just sharing info, Shane. There was a post recently which concerned this type of information, but that post is now locked
That is correct. It was evident that most people did not understand the following: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
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Old 03-20-2012, 12:48 PM
 
4,919 posts, read 9,264,583 times
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In addition to the above, many state and local zoning and planning codes have strict requirments on the number, placement and size of handicap parking spots. I often see on the planning boards violation list handicap parking violations. Many first time landlords may not realize that when they rent out their single family home, there could be a new set of building or planning rules they have to deal with and handicap parking could be one of them.
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Old 03-20-2012, 01:01 PM
 
Location: Columbia, California
6,516 posts, read 13,491,207 times
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Depending on each state and county many communities are grandfathered in with what they provided when built.
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Old 03-20-2012, 01:38 PM
 
4,398 posts, read 4,825,970 times
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Quote:
Originally Posted by CptnRn View Post
That is correct. It was evident that most people did not understand the following: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.


Nobody in that thread said she shouldn't have a parking spot. They were questioning why she would need a handicap spot if she can walk up and down three flights of stairs carrying a 17lb dog.

In fact, if you go back and re read the thread youll where I posted something similar to above and also mentioned complexes with assigned spots.

I also shared a little story regarding a former neighbor who thought the handicap spot in front of our buidling was hers and hers only.....it's not..its for any placard holder.
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Old 03-20-2012, 03:15 PM
 
Location: Austin, TX
14,066 posts, read 18,433,190 times
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Quote:
Originally Posted by Kim in FL View Post
Nobody in that thread said she shouldn't have a parking spot. They were questioning why she would need a handicap spot if she can walk up and down three flights of stairs carrying a 17lb dog.

In fact, if you go back and re read the thread youll where I posted something similar to above and also mentioned complexes with assigned spots.

I also shared a little story regarding a former neighbor who thought the handicap spot in front of our buidling was hers and hers only.....it's not..its for any placard holder.
I want to make it clear that I'm not trying to resurrect that thread, and neither should you. Nor was this thread directed at you, I don't know why you are taking it so personal. I is apparent that numerous people in this forum are not aware of the law as quoted above. I posted this as a courtesy to try and advise them.

Quote:
I also shared a little story regarding a former neighbor who thought the handicap spot in front of our buidling was hers and hers only.....it's not..its for any placard holder.
According to federal law she is entitled to have a reserved space provided for her.
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Old 03-20-2012, 03:16 PM
 
Location: Austin, TX
14,066 posts, read 18,433,190 times
Reputation: 6178
Quote:
Originally Posted by ferretkona View Post
Depending on each state and county many communities are grandfathered in with what they provided when built.
That is not true, you are never "grandfathered in" with regard to federal anti-discrimination laws.
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Old 03-20-2012, 06:49 PM
 
4,398 posts, read 4,825,970 times
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I am not taking this personal nor do I want that thread reborn. I was simply pointing out that not one poster argued with or disagreed with the federal law. And not one poster said that she shouldn't be allowed to have a spot.


The apparent numerous people you are talking about, didn't post in that thread. While this is good information, it's obvious it was directed to those who posted in that thread.


Quote:
Originally Posted by fraydnerv
I believe he is just sharing info, Shane. There was a post recently which concerned this type of information, but that post is now locked

That is correct. It was evident that most people did not understand the following: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
.
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