Quality of Life in New York>Question Details

Weichert Rea…, Real Estate Pro in Bronx, NY

If a person with a disability purchases an apartment in a co-op and then applies for a parking space, what is the buildings responsibility

Asked by Weichert Realtors House and Home, Bronx, NY Tue Mar 8, 2011

with regard to providing that space? Do they have to put the disabled person at the top of the wait list? Do they treat that person exactly the way they treat any other owner? Please provide any concrete back up (i.e. legal briefs, etc) if you have access to them. I know this is a legal question, so that is why I do not want to speculate.

Help the community by answering this question:

Answers

7
Joseph Runfola’s answer
In addition to my answer below, I hope this will help;Shapiro v. Cadman Towers, Inc., 51 F.3d 328 (2d Cir. 1995).

* 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.
Web Reference: http://www.clovelake.com
2 votes Thank Flag Link Wed Mar 9, 2011
BEST ANSWER
Hi Joe. First, let me say this is one of the more enjoyable threads I've been part of even if it appears to be dominated by three Joes. I did check the links provided by Mr. Runfola. If we're talking MS, as per the case study, that type of progressive debilitating disease would (IMO) I believe be enough to get that person to the front of the line and be a reasonable accomodation. I wouldn't think they would be driving though.

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..
1 vote Thank Flag Link Wed Mar 9, 2011
Hello Joe, I am not an attorney. In my experience this request is "A REASONABLE ACCOMMODATION" as noted in The Americans with Disabilities Act of 1992. http://www.ada.gov/cguide.htm#anchor62335
http://www.csun.edu/~sp20558/dis/reasonable.html
Web Reference: http://www.clovelake.com
2 votes Thank Flag Link Wed Mar 9, 2011
Hi Joe. I've read your posts before and I know you as a smart, experienced Broker. Surely you know many Attorneys who might answer you directly. As for Mr. Runfola's post, while I might agree that it is a reasonable request but does that in itself allow a new shareholder to bypass other shareholders on the waiting list? I didn't check his link yet and I would ask what is the nature of the disability (A.D.D. might not pass the sniff test).

I would like to know what you ultimately find out. I'm sure the rest of the Broker community would as well.
1 vote Thank Flag Link Wed Mar 9, 2011
Your best source of information is an attorney who specializes in real estate--consider a consultation....or check with management and or management''s attorney regarding any such policy...
1 vote Thank Flag Link Tue Mar 8, 2011
Hi All,

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.
0 votes Thank Flag Link Thu Mar 10, 2011
Hi All,

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,
0 votes Thank Flag Link Wed Mar 9, 2011
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer