I live in a nice gated apt. No tricks or trials to worry about. I live in a subsidized apartment complex, not one unit is handicap accessible (not even the office or laundry). Heres a list of important things to be aware of before your loved one with a disability lives independently: If you answer no to multiple questions, you may want to consider the fact that your loved one isnt ready to leave home. WebThe ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant. 40 0 obj << /Linearized 1 /O 42 /H [ 762 371 ] /L 101369 /E 35682 /N 9 /T 100451 >> endobj xref 40 18 0000000016 00000 n If the request is unreasonable, they do not have to provide it. What can we do? Rent. What can I do to make sure my needs are answered. All in one place. When Can a Landlord Ask for More Information about a Disability? When I purchased it I had"MS" and did not need a handicap indoor parking space. Standard accommodations policies can be used for accessible parking requests. It shall be the responsibility of the Parking Facility Operator to inform the non-disabled user of the parking space that a request for the parking space has been tendered. Such signs shall not be obstructed by a vehicle parked in the space. With 2022 coming to a close, renters across America may be wondering where the best cities to live are in the new year. (a) Where parking areas or garages are provided, at least one parking space but not less than five percent4 of the total number of parking spaces provided shall be suitable for use by people having physical disabilities. Required fields are marked *. [deleted] 3 yr. ago AutoModerator 3 yr. ago All residents pay a monthly rental fee for their parking spaces. RS 4.6.2 Parking Facilities The authors of this article do not know of any published decision on this issue, but it is certainly possible that such a case could be filed (by either the disabled resident, the non-disabled resident, or the condo board) where a court will be asked to decide whether the board has the power to compel the transfer of the parking space and, if so, whether the condo board must compel the transfer to be compliant with the law. Whether they abuse illegal substances or have an addiction to illegal substances. Residents use walker, rolladers, scooters, who have trouble walking due to being short of breath. 0000002453 00000 n A landlord has been forced to apologise after a series of repairs failings at a Nottingham home had a 'serious detrimental impact' on a disabled resident. If the disability is not directly apparent, the landlord is allowed to ask for proof that the requested accommodations or modifications are necessary. 68 year old AK Amputee.No handicap or Van Accessible Stalls..Exempt because of 1991 Grandfather Clause.No Handicap Stalls fronting Office.These Stalls in 2018.Got rid of it rent it out.. No Stalls in 200 Parking stall complex.Not in Compliancemy opinion. My owner was to but a carpet without form. You have a right under the FHA to file a request for a reasonable accommodation in the form of a reserved parking space with your landlord, if needed because of your disability. Landlords can deny the request if it was not made by the person with a disability, or a person on behalf of the person with the disability didnt make it. A Landlords Guide to Renting to Tenants With Disabilities. Presuming that the disabled residents pay the rental fees otherwise required of non-disabled residents, management would suffer no loss of revenue. The example set forth in section 100.204(b) posits a building with 300 apartments and 450 parking spaces available on a first-come/first-served basis, and states that the duty to make reasonable accommodations obligates the building management to reserve a park- ing space for a mobility-impaired tenant near that ten- ants apartment. WebFor example limiting by price, bedrooms, or even whether the property has a fireplace! The accommodation therefore is necessary to afford [the tenant] an equal opportunity to use and enjoy a dwelling. Check out whats happening this month. After moving in, your landlord may have to provide you with accommodations, at the landlord's expense, and may have to allow Fixtures and fittings. Whether they qualify for such a rental thats offered on a priority basis. (Gittleman v. Woodhaven Condominium Assn, Inc., 972 F.Supp. Asking prospective tenants to provide additional renting qualification criteria, such as fees and application requirements. This rule will trump any policies to The Court acknowledged that the building owner had argued correctly that: [I]f 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 I refused can I pit my own won down being the easy wood floor they have these days?. WebWhen state or local governments, businesses and non-profit organizations provide parking lots or garages, accessible parking spaces complying with the Americans with Disabilities There are probably dozens of condominiums and hundreds of unit owners who have potential claims against their developers for refunds of the amounts they paid for parking spaces that were either initially designated by the developer as handicapped spaces or that should have been so designated, i.e., spaces the developer sold and for which sales it should now be liable to pay refunds. You may also obtain this information from a medical professional or a non-medical service agency. These animals, either dogs or miniature horses, are trained to work with and perform tasks for individuals with disabilities. There has to be at least one entrance to the building on an accessible route. Stds. You also cant require a pet deposit or pet rent for a service animal, charge extra fees or a higher rent because of the tenants disability, or ask about the nature of their disability or its severity. Are they able to handle self-care? Are they prepared to utilize public transportation? hbbd```b``"Y@$d Even if you usually do not assign parking spaces to specific residents or units, provide a reserved parking space to a resident with a disability. If its unclear whether or not the tenant is disabled, landlords are only allowed to ask for proof of disability when the tenant is asking for accommodations or modifications to be made to the property. Very large building. In the Cadman Towers case, the Second Circuit noted that a regulation promulgated by the U.S. Department of Housing and Urban Development (HUD), 24 CFR 100.204(b), provides an example of a reason- able accommodation under the FHAA. A: If you were renting in an apartment complex, the answer would be a sure and swift no! Apartment communities must give disabled tenants close-in parking if they need it in order to live comfortably and safely on the property. The tenant does not have to give specifics of the disability or give a copy of medical history. Grow your rental property management business the smart way, with on-demand courses from industry experts through TurboTenant Academy. WebYes, if, as you say, it came as part of the furnished property and was included in the inventory. During the time when the developer still retains ownership of some parking spaces, the situation may arise where handicapped residents who did not purchase any of the parking spaces offered to them decide to park in the designated spaces illegally i.e., without paying the sponsor for the space. In addition to applicable federal and State law, the assignment and use of parking spaces in a multiple dwelling facility is also subject to requirements of the following provisions of the New York City Administrative Code: New York City Administrative Code, Section 27-292.19. Its also illegal to ask if the tenant is capable of independent living. Landlords are restricted to asking for information that pertains directly to evaluating the disability or the need for specific accommodations or modifications based on the disability. My mother lives on West 72nd Street in Manhattan. Similarly, the Fair Housing Act requires that landlords and property owners maintain accessible parking and make modifications of parking policies to provide In these circumstances, the law does not appear to require the available handicapped spaces to be used free of charge by handicapped residents who were offered the opportunity to purchase parking spaces but chose to not purchase. Do you use illegal substances or have an addiction to illegal substances? Modifications are a structural change to a unit, which can include: However, there must be a relationship between the accommodation or modification and the tenants disability. I am asking about the floor for pushing a wheelchair around. All of the members of the tenants family, such as their child, are protected from discrimination. The Fair Housing Act forbids discrimination of tenants or prospective tenants because of their disability or the disability of a person associated with them, as well as race, religion, sex, color, familial status, and national origin. They need to be wide enough for a wheelchair to pass through. The apt is charging me $1,520.00 to repair the door. WebAccessibility Requirements for Federally Assisted Housing: All Federally assisted new construction housing developments with 5 or more units must design and construct 5 percent of the dwelling units, or at least one unit, whichever is greater, to be accessible for persons with mobility disabilities. Typically, the landlord is responsible for paying for these changes at their own cost, but are not required to do so if the request is unreasonable, meaning that the change would cause an undue burden on the landlord or result in a fundamental alteration of the property. He said that there are no laws the require this for old buildings. Gas safety. No one alone in a wheelchair could ever handle do this. You are paying to stay in the property and have access to the furnishings. 0000026661 00000 n If youre a landlord, you must treat applicants and tenants with disabilities in the same way as those without a disability. What can I do? Questions That Landlords Can Ask Prospective Tenants, Questions That Landlords Cant Ask Prospective Tenants, Reasonable Accommodations and Modifications. So, landlords cannot refuse to rent to you based on your disability. As individuals with disabilities run the risk of being discriminated against due to their special needs, the law has numerous protections for those with disabilities. When a landlord rejects disabled tenants based on the use of a discriminatory housing practice, they have violated the law. Im living on a very strict budget at that. If a tenant asks for a reasonable accommodation or modification, a landlord is allowed to obtain information to evaluate the request. In this scenario, therefore, it seems clear, from the above summary of the law, that the co-op board would be required to make a parking space available to any resident with a disability (a) who requests a parking space, (b) who owns an automobile, and (c) who possesses a special identification permit or license plate. Is this true? Requesting any changes can simply be done via letter. To find the perfect tenant for your property, visit our rental application and tenant screening services. 2348 0 obj <>/Filter/FlateDecode/ID[]/Index[2318 70]/Info 2317 0 R/Length 133/Prev 486702/Root 2319 0 R/Size 2388/Type/XRef/W[1 3 1]>>stream Understand that everything from a major weather event to a routine visit from maintenance could present a challenge. 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