* An apartment tenant with multiple sclerosis seeked a preliminary injunction to require her landlord reasonably to accommodate her by relaxing its "first-come, first-served" policy and immediately grant her a parking space in the building's garage
* The use and enjoyment of a parking space cannot be considered in isolation from the tenant's ability to use and enjoy her dwelling place, a right specifically protected by the Fair Housing Act.
The link that included the fair housing act didn't have language that provided for parking specifically. As to one aspect of Mr. Runfalo's last post from the case study:
"* The use and enjoyment of a parking space cannot be considered in isolation from the tenant's ability to use and enjoy her dwelling place, a right specifically protected by the Fair Housing Act."
I'm not sure how to interpet this or if it needs to be interpeted. Such legalize. As I read it, it would appear that the case considers the parking space equal to the Coop apartment for use and enjoyment hence, it becomes a reasonable accomodation under fair housing laws. Whew!
I would like to see more broker participation on this thread but as I now see it (based on the case and specific law) I would seem that a person with a disability can indeed go to the front of the line. Thanks guys and I hope to hear more or anyone who has specifically dealt with this type of situation..
I would like to know what you ultimately find out. I'm sure the rest of the Broker community would as well.
Yes Joe H., I agree with you. I think the best position for the buyer is going to be to purchase the listing and then utilize the info that Joe R. dug up after becoming a shareholder. That way she is almost assured of getting a spot asap. You have all been wonderful, and I would love to hear more input as well. This is like a brain teaser that requires multiple players to solve. Love it.
Thanks again and keep digging.
Thanks for the input so far. I agree that speaking with attorneys would be helpful, but none that I have spoken with have a definitive answer. This is a complex scenario given that it is a disabled person purchasing into a co-op. They do not have a parking spot right now (obviously), and the question is, do their rights supercede the rights of others in the corporation. I have also spoken with several management companies to find out their take and, of course, they contradict eachother and do not have documentation to back up anything they are saying. This is why I wanted to throw it out to the community.
Everyone I have spoken to (Lawyers, Property Managers, Brokers, etc...) has said the same thing as you did Joe (Hastings): "I would like to know what you ultimately find out." Joe (Runfola) thanks for the documents. I will look more closely into them. Please, everyone, keep the info coming and I will continue to do due diligence on my side as well. I will keep you all posted.
Thanks again for all of your time and effort,