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It sounds like the non-disabled person needs to give up that "claimed" spot. I would think that the parking spots are first come, first served. If the "less" as you described...physically disabled person moves their car, and the "new" disabled person takes the spot...oh well.
Found some links http://www.dpor.virginia.gov/FairHou..._Disabilities/
It sounds like the non-disabled person needs to give up that "claimed" spot. I would think that the parking spots are first come, first served. If the "less" as you described...physically disabled person moves their car, and the "new" disabled person takes the spot...oh well.
You actually hit the nail on the head. The reason this appears to be a problem for the OP is that they are looking only at the required ADA handicap parking spots as the only spots to accomodate the disabled. The link you provided for Virginia shows an example where the handicap parking stall isn't even mentioned because the law is about accomodating a person not about accomodating them only in a handicap designated and identified parking spot. Technically, if a complex only has the minimum number of handicap spots required to meet ADA or local laws, they can not be reserved bcause they are required for general use. I think the OP needs a good disability right attorney to explain the laws.
Under FHA, you can't set disabled “limits” on accommodating the person unless it crosses to unreasonable. You are required to reasonably accommodate that needs of the disabled and if that means reserving and shuffling assigned parking spots for the majority of the complex, the landlord has to do it.
Rabrrita, Well, the limit would be when it's unreasonable. Therefore, you can set limits. I disagree with you that it would be reasonable to expect a LL to completely rearrange assigned parking spots for the majority of a complex, disrupting the majority of his tenants.
But, it's disagreements that keep food on the table of the families of lawyers and judges, isn't it?
Rabrrita, Well, the limit would be when it's unreasonable. Therefore, you can set limits. I disagree with you that it would be reasonable to expect a LL to completely rearrange assigned parking spots for the majority of a complex, disrupting the majority of his tenants.
But, it's disagreements that keep food on the table of the families of lawyers and judges, isn't it?
I agree to the extent that the laws are confusing because there are several and they can appear to be in conflict with a subordinate law. I also feel the requirement for unreasonable is a financial or hardship burden only on the landlord because that ignores and burden on the other tenants.
But, this may not even apply to this scenario because the OP clearly is thinking only about those ADA handicap parking spots and not seeing the big picture which is a reasonable accommodation to the disabled.
I guess the next step to identify a solution is to get details, so to the OP:
1. How many rental units are in the complex?
2. How many parking spots (total number) are available for tenant use?
3. How many spots must you maintain as non-reserved by law?
4. How many spots must you maintain as non-reserve but designated as handicap by law?
5. Do tenants have reserved/assigned parking or is it park in any open spot?
...Common decency would indicate that a more disabled person would get the closest spots, for example, someone in a wheel-chair VS someone with a walker or a cane. But then again, common decency is hard to find.
I grew up with the orientation that you don't take what you don't need, even if you are entitled to it.
For most of three years I had to walk with two elbow canes because of disc problems and a fractured spine, and I never used parking spaces for the disabled. And I did not apply for a certificate that would entitle me. My feeling was that I could manage in the normal parking spaces, and for me life just took a lot more leisurely and careful time to get where I used to walk in a hurry. (Had I been unable to walk the longer distances, I would, of course, have applied for a permit.)
I've seen so many people parked in disabled spaces struggling to drag out their walkers or push devices, or who were barely mobile on their canes, and I realize that if those convenient spaces were taken by people like me these people would be seriously inconvenienced if they had to park elsewhere, and might not be able to make a longer walk.
I think there should be a pecking order based on real need and not entitlement...but then I have on a few occasions seen folks park in these spaces, and then hop out of their cars and stride down the street with clearly not a disability problem in the world...so what I think is not going to make a dent.
I agree to the extent that the laws are confusing because there are several and they can appear to be in conflict with a subordinate law. I also feel the requirement for unreasonable is a financial or hardship burden only on the landlord because that ignores and burden on the other tenants.
But, this may not even apply to this scenario because the OP clearly is thinking only about those ADA handicap parking spots and not seeing the big picture which is a reasonable accommodation to the disabled.
I guess the next step to identify a solution is to get details, so to the OP:
1. How many rental units are in the complex?
2. How many parking spots (total number) are available for tenant use?
3. How many spots must you maintain as non-reserved by law?
4. How many spots must you maintain as non-reserve but designated as handicap by law?
5. Do tenants have reserved/assigned parking or is it park in any open spot?
Do not assume. The lawyers are battling this out........and even they are in disagreement. I'll report back when a conclusion is reached. Luckily, we have until the better weather arrives to resolve this conundrum.
Thank you all for your input........this has proven to be a complicated issue indeed.
Just because someone doesn't have a "visible" disability does not mean there are no disabilities. My father had a placard which his doctor demanded that he use. My father had a heart condition. One day he went to meet his buddies for coffee and some idiot harassed him about using the handicap spot, saying there was nothing wrong with my father except laziness. Guess what? My father went on his way and had a massive heart attack and died just minutes after the altercation. It is never safe to rely on assumptions.
How sad, and my condolences to you and your family. I hope that rude idiot found out what he caused. I was going to post what you did, and that's why I never judge a person using a handicapped spot. We don't have a clue what's going on with that persons body. {{{hugs}}} thanks for sharing and hopefully teaching others to be empathetic and not pre-judge others.
I just re-read the op for a certain reason and noticed this. Was it addressed ? " a long term resident who isn't legally disabled but has a handicapped permit"
While all the other posts may be of interest, in the OP's situation the issue could certainly be resolved without all the concern about the interpretation of which law has precedence by solving the issue of someone illegally using a handicapped tag.
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.........you know, I kind of like that idea. 
I was going to post what you did, and that's why I never judge a person using a handicapped spot. We don't have a clue what's going on with that persons body. {{{hugs}}} thanks for sharing and hopefully teaching others to be empathetic and not pre-judge others.
