Is HUD Subsidized Apartment Complex Required By ADA Law To Expand Handicapped Parking Space To Meet ADA Law?
I was FORCED to get and to have a permanent Handicapped Parking Space State Permit for my motor vehicle and the apartment manager has given me a Handicapped Parking Space in a location of MY PERSONAL CHOOSING. I am FORCED to use a Power Mobility Device (PMD) which is an Electric Power Scooter.
When I got my PMD, apartment maintenance built me a wooden Disability Access Ramp so I can drive my PMD from the apartment sidewalk into the apartment parking lot.
There are 1 Handicapped Parking Space and 7 regular parking spaces in front of my apartment and the 7 regular parking spaces are to the left side (passenger side) of my motor vehicle. The right side (driver's side) of my Handicapped Parking Space is right next to the apartment parking lot curb and the grass. There are total of 8 parking spaces in front of my apartment building on my side of my apartment building.
The wooden Disability Access Ramp that has been put into my Handicapped Parking Space is now taking up a part of my Handicapped Parking Space. Whenever I park in my Handicapped Parking Space, I am forced to park slightly over the yellow parking stripe which results in my car being parked a little over into a regular parking space.
My Handicapped Parking Space does NOT meet ADA law requirements in having wheelchair access within my Handicapped Parking Space on BOTH sides (driver side and passenger side). I do have wheelchair access on the driver side of my motor vehicle within my Handicapped Parking Space but I do not have wheelchair access on the passenger side of my motor vehicle within my Handicapped Parking Space. Apartment Management has told everybody to park a little further down (a little further away) from my Handicapped Parking Space in which everybody has complied with the Apartment Management's request.
I do need wheelchair space access on both sides (driver side and passenger side) within my Handicapped Parking Space due to the fact of when I have a back seat full of groceries.
Since the wooden Disability Access Ramp was put into my Handicapped Parking Space, there was a visitor that parked right next to my Handicapped Parking Space which was a very tight squeeze for my motor vehicle to get into my Handicapped Parking Space. There was about 5 inches between the passenger side of my motor vehicle and the visitor's van which means I had no way to get a wheelchair between my motor vehicle and the visitor's van. This has only happen one time. The Apartment Management told me that if a motor vehicle parks too close to my Handicapped Parking Space which results in me not being able to park in my Handicapped Parking Space, then I need to go each apartment until I find the person and ask them to move their motor vehicle. It is difficult for me to do this due to my physical Disabilities because each each apartment building is a 2-story apartment building which means that there are stairs to climb and it is difficult for me to walk due to my physical Disabilities and I live in a ground-level apartment.
There are no Handicapped Parking Access Markings (Stripes) on either side of my Handicapped Parking Space.
My apartment complex is an U.S.A. Department of Housing and Urban Development (HUD) subsidized apartment complex which has 80 apartments with 10 2-story buildings with 8 apartments per two-story building. All of the apartments inside are partially Handicapped Accessible.
The question I want to ask is this:
***Is a HUD Subsidized Apartment Complex required by the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) to have a Disabled PWD apartment residence's Handicapped Parking Space to meet ADA and ADAAA federal law requirements to have wheelchair space access within their Handicapped Parking Space on both sides (driver side and passenger side) of their motor vehicle???***
In this case it means that the left side of my Handicapped Parking Space will need to be expanded to have wheelchair space access within my Handicapped Parking Space on the passenger side of my motor vehicle but I already do have wheelchair space access within my Handicapped Parking Space on the driver side of my motor vehicle.
Thank You.
*Both me and my only child are SSA Registered Certified Recognized Disabled PWDs.* I am also a Registered Certified Recognized Member of the Ectodermal Dysplasias International Registry.*
RCRMEDIR-MLRCRD-SSA PWD -- PWDRHIP -- Wowasakeikcupi!
FHAA = Fair Housing Amendments Act
To Justmeinthisworld: I have no ideal on whether or not that wheelchair access is required by ADA law on both sides which is one of the reasons why I am asking the question. My apartment complex has a "head in only rule". I agree with you 100% that the wooden Disability Access Ramp should not be in my Handicapped Parking Space. The wooden Disability Access Ramp is a portable ramp. Apartment Management will not take out a section of grass to make a larger spot for me with an access aisle.
To Teddy & Chiliswoman: I really do not want to make a fuss which is one of the reasons why I am asking the question to see where I stand at from a legal standpoint. If I do not have a legal point to stand on, then I am going to keep quiet and not make a fuss. I respectfully disagree with you of "not being forced". My physical Disabilities FORCED me into getting a Permanent Handicapped Parking Space State Permit and not for convenience but for NEEDED and NECESSARY reasons.
To fodaddy19: The bottom half of my response to Teddy & Chiliswoman is also addressed to you.
To the responder without a username: I do have a permanent Handicapped Parking license state tag for my motor vehicle and a permanent Handicapped Parking Hanging Placard for my motor vehicle. So yes, I am legally entitled to park in my Handicapped Parking Space.
August 29th, 2010 - 09:50
i never heard that it was required on both sides…as a matter of fact..when there is only 1 space..there has only been access on 1 side every where i’ve been….when i am using my chair–if i need to use the access aisle–and it is on the worng side..i back into the spot..if there is a head in only rule..i will leave a note–or maybe call the PD and let them know …that they need to allow it to accommodate my disability..as long as it is safe..the ramp shouldn’t have been built into the space.
as long as the visitor is parked within the lines..its not the managements problem..
FHAA laws may also apply.
is there any way they can take out a section of grass to make a larger spot for you..with an access aisle….when you need to access both sides–park partially in the access aisle..when you are done unloading..move the car within the spot
EDIT: ALLOWING TO TO BACK IN IS A REASONABLE ACCOMMODATION AS LONG AS THERE IS NO SAFETY ISSUE.
why didn’t they turn the curb into a ramp instead of building a ramp over it
"WILL NOT" is not acceptable..if you need the space–they can only refuse if they CANNOT for a legit reason
August 29th, 2010 - 09:50
Sure sounds like your Apartment Complex is accommodating you quite well.
August 29th, 2010 - 09:50
No offense but it sounds like you are just looking for something to complain about.
August 29th, 2010 - 09:50
I know this isn’t the answer you want to hear, but there is no requirement for access on both sides – only one.
Here’s what I suggest, when you get slighted in your access, don’t pull your vehicle in all the way – so your door clears the vehicles next to you. Unload, than pull your vehicle up. Yes, you shouldn’t have to do that, but since most people are being very cooperative, I wouldn’t make a fuss.
You were NOT FORCED to get a parking permit – you chose to get one for your convenience and to enable you to take advantage of designated disability parking.
Added: A reasonable accommodation would be to allow you to park rear end. It is what would have to happen if your had a lift on the other side of your van.
August 29th, 2010 - 09:50
Actually, you *chose* to gett a handicap permit and you *chose* to use a PMD. Fundamentally you are only *forced* to do these things when there is no other alternative. Now the alternatives were likely not as desirable as the actions you decided to go with, but they are alternatives nevertheless.
As for the parking situation. If it’s only happened once, then thus far it’s not a huge reoccurring problem. I’d let it go if it only happened once. However if it happens again, I think it would be reasonable for the manger to either A. Be the one who finds out who the van belongs to or B. repaint the lines on your parking spot to include some extra space on each side. Given that the adjustment of parking space size will effect several other parking places. I’m guessing A would be the more likely solution.
You could file a complaint about the ADA violation, but as I’m sure you know, they aren’t exactly quick about addressing such things.
August 29th, 2010 - 09:50
Not if there already is Handicapped parking. The law only says there needs to be Handicapped parking not how big or how many.
Also you need to get plates with DP on them or the temporary marker you hang from the mirror if you want to park in a handicapped spot. Technically speaking, you don’t have the right to park there without that.
August 29th, 2010 - 09:50
They are required to do what the law says. The law in my state states a handicapped parking space needs to be a certain with and length.
Weather or not they are going to make the space accessible or not depends on the management and the owner. You can call, email or write a letter to your Senator or Representative they are pretty good at getting things done.