reserved handicapped parking illegal?

[in despair]

What is the name of your state? CA

I am legally disabled with heart disease; I have a disabled parking placard.

My two assigned parking spaces that came with my condominium purchase are far away from the elevator and nearest access to my condo. I requested a reserved handicapped space, but was told by the sales office (they are still in charge of parking until the development is complete) that they cannot do anything to help me except give me roof spaces because they say it is illegal to assign a handicapped parking space to a handicapped person requesting it.


Is this true??? I thought the Fair Housing laws were supposed to provide for this request? Roof spaces are of no use... the pavement is slick up there and not really close either.

I am working on a complaint with HUD, but was hoping for an answer in the meantime since HUD may take a while and I would like to know what my rights are.

Thank you.

[Zigner]

The builder is required to provide a certain number of handicapped parking spots (by law). If he "assigns" it to you, then it does not count towards the requirement.

[in despair]

Thank you. I believe that is per the ADA law, though (the percentage of parking spaces designated as handicapped). I thought the Fair Housing law provides for reserved handicapped spaces or other reasonable accommodation if the request is made, and that if there are not enough handicapped spaces to accommodate the handicapped residents, then more spaces needed to be designated handicapped?

Right now, I am being told I need to stay in the spaces I have, which are far away (I have to make at least two rest stops between them and the elevator), or go to the roof (also not a solution... far away, slick pavement... for a 76-year-old woman this is hazardous). The handicapped spaces are generally full when I return from errands (doesn't seem to matter what time of day), and they are telling me it is illegal for them to reserve them, which is not what I read in the Fair Housing law, so I was wondering if anyone could validate my understanding or set me straight on the Fair Housing law?

Thank you.

[Zigner]

Please point out exactly what you are speaking of when you speak of the "fair housing law"

[in despair]

Title VIII of the Civil Rights Act of 1968. Also the Fair Housing Act is codified at 42 U.S.C. §§ 3601 - 3619.

Thank you.

[Zigner]

Are you willing to pay for the change?

[COlandlord]

I have personal experience, from a landlords stand point on this issue. I, too would not reserve handicap spots on my property as I had the required # of handicap spots. This was challenged thru our local HUD Office. Our local HUD office ruled that because of the ADA, reserved handicap spots are considered a "reasonable accomodation" IF we had the space to add one. However, we still had to allow for the required # of handicap spots (not including the reserved spot) and it could not take away the rights of other residents. For example, each resident has the right to one parking spot...if there was not enough parking spots (at least one for each resident), then the reasonable accomodation could not be granted. Again, this is thru our local HUD office.

HOWEVER...this is in an apartment complex and NOT private condo's in which you PURCHASE your spots.

[in despair]

Thank you both for your insight. Trying to simplify this and just see if it is really “illegal” to assign a handicapped spot, as I am being told by the sales office, I left out quite a bit of detail.

I own my condominium, and my purchase price includes two parking spots. When I was negotiating the condo purchase and also during the pre-close inspection, I noted my disability, and the sales agent accommodated it by reassigning my far-away parking spots to two regular spots near my unit. Then, suddenly after months, they said I could no longer use these spots and would have to return to my far away ones… that the closer ones they gave me were really assigned to another unit and the sales agent didn’t record the transfer so there is nothing they can do for me (it's not my fault they didn't record it... and I am being penalized for their mistake). And, again, the HOA is not involved (we tried going through them, and they said it was a sales issue).

So, I requested a handicapped spot reserved. I have put up with almost four months of going on routine errands only to usually end up having to park in my far away spots because the handicapped places are full. Obviously, there are not enough spaces to accommodate all of the handicapped people who live here. A number of people are renters (through individual private contracts; this is not a apartment building – the condos are individually owned by someone, there is no onsite landlord). I have been parked in an availability-only handicapped space for days now, as I am afraid to leave since all of the spots are usually taken when I return. This is no way to live.

This is all very upsetting to me, as I thought all of this was taken care of to begin with. A lawyer tried to deal with them for me, but when he got no where (the builder’s lawyer hung-up on him), my lawyer said to go through HUD as it would require thousands of dollars upfront for him to pursue it and get court time, etc. I just thought that the Fair Housing law provided for a reserved parking space if one is requested… gosh, especially since they took away what they gave me. The sales office has tried to hoodwink me before, and I’m tired of it. I just want to know if what they are telling me this time is true or false. Thank you.

[tranquility]

If the parking space was not transferred in the deed (probably as a specific easement of some sort) the sales office may not be able to change anything as a subsequent purchaser, and not the office, now has rights to the space. You may have some cause of action for the failure to memoralize the use of the closer space, but even that is just playing issue spotting.

Clearly, "that the Fair Housing law provided for a reserved parking space if one is requested" is not true. There would be many "if's" involved. On top of that, the key is reasonable. As was mentioned by colandlord, reasonable accomodations are what are needed, not wanted accomodations. For these reasons, any suit will be expensive and the result uncertain. Over a parking space? I don't see litigation being worth anyone's time or trouble.

That's not to say you are not harmed. The HOA probably thinks the rooftop space is a reasonable accomodation where you think it is not. This is where your key is, negotiation. See if you can negotiate a better space. Don't say it, but keep the threat of lawsuit on the horizon to motivate the managers. Don't let them get away with the rubbish that it is illegal to have a reserved handicapped space, but recognize there are legal reasons why they don't want to do that and it may be very reasonable to not accomodate you with that solution.

[in despair]

Thank you all for your thoughtful replies. I guess I'm left nowhere, and this stress will probably kill me. It's shameful that I did everything right and then they can pull all of this out with no recourse. As for "all over a parking space" -- this may not matter to a healthy person, but when I feel great chest pain and have to stop two or more times to rest between my car and the elevator, that's a great toll... not to mention if I have groceries or something I need to carry. My dear husband used to do all the driving for me, but he passed away, I downsized and moved, and got close parking spaces and thought I could move on. How their "oh we forgot to record it" is now my problem I'll never understand. I try and resolve it and get told to park on the roof (which is just as far away) or nothing. I trusted the sales agent to do her job and take are of the parking space transfer. Anyway, thank you. I'm now beyond despair.

[tranquility]

For different reasons, my wife now needs handicapped spaces. I understand the reason for them and recognize the importance. But, there are competing values in all things. The world cannot accomodate all needs. I think the sales people screwed up. I would put my pitiful butt in their office to guilt and motivate them to try and find a better accomodation to your legitimate needs. However, if they don't or can't, I don't think the legal system is the fix. I think all which can be done is to think bad thoughts about the people who screwed up and to move on with your life. Maybe sell your vehicle and use the money for a taxi instead. Then, you always "park" at the closest possible space.