Schneider Buchel LLP Blog

Wednesday, October 31, 2018

Reasonable Accommodation by Marc H. Schneider at Schneider Buchel LLP, Habitat Magazine

In a case called Hubbard vs. Samson Management, the critical issue was whether a co-op or condo board must offer a free parking space close to the home of a disabled person who has difficulty walking. The plaintiff in this case, Sarah Hubbard, rented an apartment at Sleepy Hollow Gardens, an apartment complex managed by Samson Management. The complex has 151 free outdoor parking spaces as well as 20 outdoor and 81 indoor reserved parking spaces, for which it charges a fee. But there were no designated spaces for handicapped residents.

It's important to note that the fee for the outdoor reserved spaces was significantly lower than the fee for the indoor reserved spaces. Interestingly, the reserved parking spaces were farther away from people's units than the 151 free ones. So, since moving in, Hubbard found that the unreserved spaces that were nearest to her unit were often filled and she was forced to walk a much longer distance to and from her car. She suffered from a foot injury and had back pain. It's also important to note that it was agreed between the defendant and the plaintiff that she did have a disability that qualified her for the protections under the Fair Housing Act.

Click here to read the full Habitat Magazine article

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