Delphinium’s Letter for a New Parking Spot

511a94ea3ae4a234a80ddc0bbfcb0c91First Last
123 Sesame Street
Somewhere, IL 60645

To xxxxxxxxx Property Management ,

This is a written request for a reasonable accommodation under the fair housing act.

A member of my household (name here) is physically disabled and has a permanent handicapped placard that was issued by the state of Illinois. His physical condition varies from day to day and as such, mobility aids can vary from a cane to a power wheelchair. Currently, parking spots 29 are assigned to this unit, which both are a significant distance to the front or back door.

I am asking, as a reasonable accommodation that one of parking spots 16, which are just outside the back fence, be reassigned to our unit. It would be a much shorter distance to walk, and on days that the power chair would need to be loaded onto the van, that spot would be the most convenient.

I am providing a little more information regarding reasonable accommodations and reasonable modifications. From the JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE REASONABLE MODIFICATIONS UNDER THE FAIR HOUSING ACT:

  • Who must comply with the Fair Housing Act’s reasonable modification requirements? Any person or entity engaging in prohibited conduct – i.e., refusing to allow an individual to make reasonable modifications when such modifications may be necessary to afford a person with a disability full enjoyment of the premises – may be held liable unless they fall within an exception to the Act’s coverage. Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services. Courts have also applied the Act to state and local governments, most often in the context of exclusionary zoning or other land-use decisions. See, e.g., City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 729 (1995); Project Life v. Glendening, 139 F. Supp. 2d 703, 710 (D. Md. 2001), aff’d, 2002 WL 2012545 (4th Cir. 2002).
  • Is a request for a parking space because of a physical disability a reasonable accommodation or a reasonable modification? Courts have treated requests for parking spaces as requests for a reasonable accommodation and have placed the responsibility for providing the parking space on the housing provider, even if provision of an accessible or assigned parking space results in some cost to the provider. For example, courts have required a housing provider to provide an assigned space even though the housing provider had a policy of not assigning parking spaces or had a waiting list for available parking. However, housing providers may not require persons with disabilities to pay extra fees as a condition of receiving accessible parking spaces.Providing a parking accommodation could include creating signage, repainting markings, redistributing spaces, or creating curb cuts. This list is not exhaustive.

I thank you for your understanding and look forward to your quick resolution to this matter.

Sincerely,

Delphinium