Handicapped tenant wants parking spot at my house

[lutherm]

This is in Florida

So I have two separate properties that happens to be right next to each other. One is a small apartment building with 4 units. The other is a house that I live in. Both properties are owned by an LLC that I am the owner of. So each of my tenants leases are with the LLC. I also have my own a lease with the LLC for the house property and pay rent.

My apartment building has 4 assigned parking spots behind it and 2 guest parking spots. All the parking spots are on the back side of the building. To get to it you have to walk all the way around the left side of the building. There is no room for a path on the right side of the building. So the tenants further to the right side of the building have a longer walk.

One of my new tenants (who is on the right side of the building) has complained about it being too far for her to walk as she is handicapped. I didn’t know about her handicap when she first moved in. Once I found out I moved her assigned parking spot moved to the closest one on the left. That is the parking spot with the least amount of walking distance from her unit. She still wasn’t happy because her unit is on the right side so she still has a long distance to walk.

I thought that was the end of it, but today she texted me about the parking spot at my house. It is on the right side of the apartment building and much closer to her unit. It has two parking spots. She apparently saw one of my other tenants (who is also my nephew) parking in one of the spots. Since he is family and I only use one of the parking spots at my house I let him use the other one. My handicapped tenant however is now demanding I give her a parking spot there as well. She says that since I let another tenant park there it is now tenant parking and I have to turn one of the spots into a handicapped spot.

I haven’t responded to my tenant yet because I’m not sure about the legality here. Obviously I don’t want to give up my parkings spots, but I would like to know what trouble I could run into if I refuse her.

 

[adjusterjack]

You have to provide "reasonable" parking accommodations within the limits of the rental property.

Your home is not a rental property. Her argument is spurious.

You've done the most that you can do with the available spaces of the rental property.

Just say no to the additional demand for a space on your property. Put it in writing that you've done all you can do on the rental property and the space that she wants is not on the rental property, regardless of who you let use it.

The Americans With Disabilities Act doesn't require you to turn your whole life upside down to please a tenant.

 

[Taxing Matters]

You have to provide "reasonable" parking accommodations within the limits of the rental property.

Your home is not a rental property. Her argument is spurious.

Jack, did you miss the fact that ALL the units, including the OP's own home, are owned by a single LLC and that the OP pays rent to his LLC to rent his home just like the other tenants do? From that perspective, all the parking spaces are LLC property and it is the LLC that needs to ensure the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA). I don't know why the OP put his/her own home in any LLC, let alone a LLC that runs rental properties. There would need to be some unusual circumstance before I would recommend any client of mine to do that. It does in indeed make the the OP's home a rental property.

The FHA is the main law that would impact this, and it applies to most housing. As the federal Department of Urban Housing (HUD) put it in a Fair Housing Act summary, "The Fair Housing Act covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members." (Bolding Added.) The OP's LLC owns and operates 5 units, so it is quite possible that the FHA applies here. HUD's language choice is a bit ambigious though when given the OP's situation, so I cannot say for sure whether the FHA applies or not.

lutherm — I think you'll need to see an attorney who practices in the area of fair housing laws. There may be additional state or local laws that might apply here too. As I've not seen the actual property, what spot she has now, and the one she now wants, I cannot say what the minimum is that the LLC must do. The legal advice will be deductible by the LLC on your income tax return (assuming it's only owned by you and no one else) and that advice could save you thousands of dollars over just guessing what to do and then finding out what you were required to do when you land in court.

The Americans With Disabilities Act doesn't require you to turn your whole life upside down to please a tenant.

No, the ADA does not much affect this situation, but the FHA does. And by including his home as the 5th unit of the LLC, he may have made his rental operation subject to those FHA rules. I'm going to guess that the OP did not get good legal and tax advice before setting it up this way. In any event, now is the time the OP needs to start talking with a local lawyer.

 

[quincy]

I own several rental houses. A couple of the houses are located next door to each other. The tenants in each house have separate leases and there are separate parking spaces provided for the tenants of each property.

I am not legally obligated to provide additional or extra parking for the tenants of one rental house on the other house’s property even though I own both houses.

There are several reasons for this but the major reason is that they are separate properties, taxed separately, and they were bought separately and, importantly, can be sold separately.

For general Florida housing laws on reasonable accommodations, the following link to the Florida Housing Organization seems to be pretty good:

https://www.floridahousing.org/docs/default-source/programs/special-programs/special-needs-housing/research-publications/reasonable-accommodations-and-reasonable-modifications-in-housing.pdf?sfvrsn=7862fd7b_2

Although speaking with a Florida attorney would be smart, I would be very surprised if a property owner would be required to alter rental property A to accommodate the needs of a tenant renting property B.

 

[LdiJ]

I own several rental houses. A couple of the houses are located next door to each other. The tenants in each house have separate leases and there are separate parking spaces provided for the tenants of each property.

I am not legally obligated to provide additional or extra parking for the tenants of one rental house on the other house’s property even though I own both houses.

There are several reasons for this but the major reason is that they are separate properties, taxed separately, and they were bought separately and, importantly, can be sold separately.

For general Florida housing laws on reasonable accommodations, the following link to the Florida Housing Organization seems to be pretty good:

https://www.floridahousing.org/docs/default-source/programs/special-programs/special-needs-housing/research-publications/reasonable-accommodations-and-reasonable-modifications-in-housing.pdf?sfvrsn=7862fd7b_2

Although speaking with a Florida attorney would be smart, I would be very surprised if a property owner would be required to alter rental property A to accommodate the needs of a tenant renting property B.

For the most part I agree with you. However, I can see some possible exceptions and therefore agree with Taxing Matters as well. We don't know the actual set up so that can make a difference.

If the properties are truly and completely separate physically you may be 100% correct. However its a bit strange and not particularly a good idea for the OP to have included his own home in the LLC that way. If he also included both properties in the same parking lot it could seriously muddy the waters.

His description is what leads me to wonder. He did not say "my driveway", he said "my parking spaces". So, he may not be talking about a house that is clearly a totally separate property from the apartment building in a visual or practical sense. Both buildings are owned by the LLC. If they share a parking lot the perception is going to be different than if they clearly don't.

 

[adjusterjack]

Jack, did you miss the fact that ALL the units, including the OP's own home, are owned by a single LLC and that the OP pays rent to his LLC to rent his home just like the other tenants do?

No, I didn't miss that. I think it is irrelevant. If it isn't that kind of sucks for Lutherm.

At any rate, my point is that Lutherm has already made a reasonable accommodation for the tenant and may be in compliance.

However, LdiJ's comment suggests the possibility that the home and the apartments are on a single parcel. That could change things.

 

[LdiJ]

No, I didn't miss that. I think it is irrelevant. If it isn't that kind of sucks for Lutherm.

At any rate, my point is that Lutherm has already made a reasonable accommodation for the tenant and may be in compliance.

However, LdiJ's comment suggests the possibility that the home and the apartments are on a single parcel. That could change things.

I am not necessarily saying a single parcel, although the OP could have perhaps inadvertantly combined the parcels. What I am saying it that the possibility exists that the OP has, for all practical purposes, created one rental complex with 5 units, rather than a separate apartment building with 4 units and a separate single family home.

My grandparents lived in an apartment complex that was one complex, but each 4 flat building had a different owner. They weren't condos in the traditional sense, but actual apartment buildings and the units were not owned separately, the buildings were. Yet, all the normal rules for apartment complexes applied. Therefore I can see possible things in the OP's case that could muddy the waters.

 

[cbg]

I don't think that "speak to a local attorney" is ever bad advice.

 

[adjusterjack]

@lutherm

How about a link to a google map aerial view so we can see the positions of the parking spaces?

 

[lutherm]

For the most part I agree with you. However, I can see some possible exceptions and therefore agree with Taxing Matters as well. We don't know the actual set up so that can make a difference.

If the properties are truly and completely separate physically you may be 100% correct. However its a bit strange and not particularly a good idea for the OP to have included his own home in the LLC that way. If he also included both properties in the same parking lot it could seriously muddy the waters.

His description is what leads me to wonder. He did not say "my driveway", he said "my parking spaces". So, he may not be talking about a house that is clearly a totally separate property from the apartment building in a visual or practical sense. Both buildings are owned by the LLC. If they share a parking lot the perception is going to be different than if they clearly don't.

It is a separate driveway. I just said parking spaces because there is only room for two cars. There is a wall between the two properties and they have separate deeds. I also bought the house at a different after I already owned the apartment building.

 

[Zigner]

Have a sit-down with a local attorney. It'll only cost a few hundred bucks at most and then you'll have a professional opinion based on the relevant facts.

 

[LdiJ]

[

It is a separate driveway. I just said parking spaces because there is only room for two cars. There is a wall between the two properties and they have separate deeds. I also bought the house at a different after I already owned the apartment building.

Well in that case, I don't see how she can possibly try to claim that your driveway is part of the apartment parking lot, just because you let a family member park there.

 

[quincy]

It is a separate driveway. I just said parking spaces because there is only room for two cars. There is a wall between the two properties and they have separate deeds. I also bought the house at a different after I already owned the apartment building.

Thank you for the clarification, lutherm. What you describe is very similar to the properties I own.

While permitting a tenant from an adjoining property to use a parking space at another rental property may not cause a problem in the short term, it certainly can cause a problem in the long term, especially if you decide to sell your own current residence.

I agree with the others that getting an attorney’s opinion is wise, especially since your tenant is making this an issue.

Good luck.

 

[adjusterjack]

Well in that case, I don't see how she can possibly try to claim that your driveway is part of the apartment parking lot, just because you let a family member park there.

Agree.

Lutherm, if you are going to incur the cost of an attorney's opinion, make sure he puts it in writing on his letterhead so you have something to show the tenant.

 

[quincy]

Agree.

Lutherm, if you are going to incur the cost of an attorney's opinion, make sure he puts it in writing on his letterhead so you have something to show the tenant.

Agree. Having an attorney’s written opinion to show to the tenant could very well prevent any legal action the tenant might otherwise consider.