Fair Housing Act Could Provide Relief for Disabled Condo Owner

Because his parking space was far away from his apartment, Dublirer fell several times and needed physical therapy to correct his injuries.

The HUD complaint also charged the property manager with discrimination. HUD determined that this manager -- who was responsible for assigning parking spaces -- had a favorable space for her own use.

No final decision has been made on this case, and the cooperative is entitled to a fair trial. (The entire complaint can be found on HUD's Fair Housing Act enforcement activity Web site, http://www.hud.gov/fairhousing .)

In your situation, what should you do?

Document your case. Present proof of your disability to your board of directors. Put your request for a more convenient parking space in writing, and make sure that every member of the board gets a copy. Send a copy to the management company.

If you are unsuccessful, after giving the board a reasonable time in which to respond, you can file a complaint with HUD. A Housing Discrimination Complaint Form is on the HUD Web site, and the complaint can be filed online or at a HUD office.

The complaint must filed be within a year after the alleged violation takes place.

Do you also need a ramp to assist you in getting to your apartment?

Although your condominium association must make reasonable accommodations, you may have to pay for some yourself, such as a ramp. Some associations may also require that you remove the ramp when you sell your apartment.

The Fair Housing Act has a lot of enforcement teeth. It's available to anyone who believes he or she has been discriminated against and can document it.

Benny L. Kass is a Washington lawyer. For a free copy of the booklet "A Guide to Settlement on Your New Home," send a self-addressed, stamped envelope to Benny L. Kass, Suite 1100, 1050 17th St. NW, Washington, D.C. 20036. Readers also may send questions to him at that address.