Fair Housing Act Could Provide Relief for Disabled Condo Owner

Q: I recently purchased a condominium unit in a complex that has a large number of assigned parking spaces. I advised the board of directors that I am handicapped and requested that they assign me a parking space near the entrance of my unit.

However, the board advised me that there are no available spaces, and -- with a show of regret -- rejected my request.

I cannot walk a long distance, and it is impossible to get from my assigned space to my unit without assistance. I am also concerned that with inclement weather approaching, the walkway may be slippery and I may be injured. Is there anything I can do?

A:The timing of your question is appropriate, because on Oct. 20 the Department of Housing and Urban Development filed formal charges against a New Jersey cooperative based on very similar facts.

The Fair Housing Act prohibits housing discrimination on the basis of handicap as well as race, color, national origin, religion, sex and familial status.

According to HUD, which enforces the law, if you or someone associated with you has a physical or mental disability, and have a record of that disability (or are regarded as having such a disability), no one may "refuse to make reasonable accommodations in rules, policies, practices or services, if necessary for the disabled person to use the housing."

HUD will investigate complaints. The alleged violator will be advised of the complaint and given an opportunity to respond. If HUD determines that a possible violation has occurred, the agency will attempt to reach a resolution.

However, if no such agreement can be reached (called a "conciliation agreement"), HUD will recommend that the federal government sue.

If after a hearing it is determined that discrimination has taken place, the violator can be ordered to compensate the complainant for actual damages, including humiliation, pain and suffering; to make the necessary corrections so that you can enjoy your condominium unit; to pay the federal government a civil penalty (up to $11,000 for the first violation and $50,000 for a third violation within seven years); and to reimburse the complainant for any legal fees and costs incurred in connection with the hearing.

Based on a complaint by a New Jersey cooperative homeowner, the HUD recently filed charges against Linwood Avenue Owners Inc.

According to the lawsuit, resident Robert Dublirer purchased a cooperative apartment. Each unit owner in the complex who has a car and a driver's license is assigned one parking space.

Dublirer is physically disabled and uses forearm crutches to move around. He advised the board of his disability and requested a handicapped parking space. However, he was advised by the president of the cooperative that he should "get a motorized scooter or wheelchair to get inside the building."