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Disabled tenant needs a parking space

August 31, 2008|Janet Portman | Inman news

Question: I have been asked by a prospect who uses a wheelchair for a parking space next to the unit she is considering. We can do that, though we have a waiting list for parking, but it will involve reassigning other tenants' parking spaces, buying signs, painting the pavement and creating curb cuts. Who pays for this work?

Answer: Requests from tenants and prospects with disabilities fall into two categories. Asking for a structural change is a modification request; asking that you change, make an exception to or adjust a rule, policy, practice or service is an accommodation request. Generally, tenants pay for modifications. Landlords must shoulder the costs of accommodations. Disabled tenants are entitled to a parking place, even when there's a waiting list. Courts have treated requests like this as accommodations and placed the responsibility for paying on the owner.

-- Janet Portman,

Inman news

E-mail Janet Portman at janet@inman.com.

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