Our board is facing a parking space discrimination claim. What should we do?
“There are federal, state, and city discrimination laws requiring boards to make reasonable accommodations to residents with disabilities, if it will allow them to better use and enjoy their apartment,” says New York City real estate attorney Steven Wagner, a partner at Adam Leitman Bailey, P.C. who represents tenants and apartment owners, as well as co-op and condo boards.
If it can be shown that the resident has this specific need, a reasonable accommodation may involve allocation of a parking space or even a specific spot near the entrance. A similar accommodation might be the installation of a handrail within the building or changes to the entryway into an apartment to provide easier access for someone with a disability.
“Another accommodation might be the installation of a washer/dryer in the apartment if the owner is not capable of getting to a shared laundry room,” Wagner says.