For a person with a disability that limits or restricts their mobility, lack of sufficient parking can be a significant barrier to the full use and enjoyment of their dwelling. Lack of sufficient parking for people with disabilities at a housing complex can also be a violation of State parking law, as well as State and Federal Fair Housing Laws. A resident with a disability who has a DOT parking permit who cannot find an available 'persons with disabilities parking psace' or other suitable parking is effectively denied housing based on disability.
State parking law
State law mandates designated public parking for persons with disabilities. The law sets forth location, dimension, and designation requirements, as well as the dimension of access aisles along side the parking spaces. The law applies to off-street parking provided by public accommodations, such as retail stores and government agencies, as well as multi-family housing, such as apartments or condominiums.
- For property managers who provide ten or more resident parking spaces, they must designate at a minimum one parking space for persons with disabilities, as needed, for each dwelling unit housing a persons with a disability.
- Each of those designated spaces must meet the law's location, dimension, and designation requirements.
- If the property manager provides separate parking for visitors, then the manager must meet the number requirement for 'off-street parking facilities.' That number requirement is based on the number of total spaces offered. (Example: A property manager that offers 10-25 spaces for visitors must designate one of those spaces for persons with disabilities.)
- Where parking for residents and visitors is combined, the property manager should combine the number required for residents with disabilities with the number required for visitors to arrive at the minimum number required by State parking law.
No comments:
Post a Comment