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does a landlord have to provide handicap parking

16/05/2023

Renters insurance is a protective tool for renters, but did you know that it can benefit landlords too? I live in Minnesota, I own a Condo. WebA landlord cannot treat a tenant or housing applicant differently (discriminate against) because of their disability. For instance, if there is no handicap parking at the housing complex, landlords must add it. One example of a reasonable accommodation could include permitting the tenant to have a service animal. Wondering how you can read a tenant screening report? . I live in a subsidized apartment complex, not one unit is handicap accessible (not even the office or laundry). | 212.825.0365. This rule will trump any policies to the contrary, such as a first-come, first-served approach to allocating parking spots. The use of this form for communication does not establish an attorney-client relationship. My question is: should it be illegal to put keyless deadbolts on these doors, which would restrict entry of help to the handicapped? The route has to be clear of any obstructions and it has to be continuous so that someone in a wheelchair can navigate it easily. A tiny space that doesnt allow you to get around with your wheelchair probably violates the requirements of the Act. You also cant require a pet deposit or pet rent for a service animal, charge extra fees or a higher rent because of the tenants disability, or ask about the nature of their disability or its severity. You should consult an attorney for advice regarding your individual situation. You are likely entitled to a handicap space. Help.Cambridge Apartments.Makakilo hawaii. I became disabled. Property news, laws and deals for landlords. If an accommodation or modification puts the landlord under significant financial and administrative pressure, they must accommodate the needs up to the point where it compromises those elements. Tenants with a disability have the right to request reasonable accommodations. So whats the harm? 1, App. So we have a lot of stuff on the proch . Until such time as society goes totally Green and automobiles disappear from our streets and high- ways, the need to have parking spaces adjacent to apartment buildings for residents and guests will continue to exist. The tenant does not have to give specifics of the disability or give a copy of medical history. The statutes that specifically address housing discrimination are the Fair Housing Act and the Fair Housing Amendments Act (42 U.S. Code 3601-3619, 3631). (Emphasis added). Grow your rental property management business the smart way, with on-demand courses from industry experts through TurboTenant Academy. Yes. Providing different facilities or housing services, or assigning a tenant to a particular area of housing. As individuals with disabilities run the risk of being discriminated against due to their special needs, the law has numerous protections for those with disabilities. Stds. Violations of these NYC Code provisions subject the violator to both civil and criminal penalties. Now, not only do landlords enjoy the convenience of collecting rent online, but by doing so, your tenants can build credit by reporting rent payments to TransUnion for free. In this scenario, therefore, it seems clear, from the above summary of the law, that the co-op board would be required to make a parking space available to any resident with a disability (a) who requests a parking space, (b) who owns an automobile, and (c) who possesses a special identification permit or license plate. Review. They are different than emotional support animals. Condo Issues. I fell, fire dept had to force entry which totalled the door. A landlord does have rights when it comes to renting. Now I need to have one. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. The condo already owns those spaces. What does your disability limit you from doing? Be at least 132 inches wide. The applicable federal law that governs the provision for and allocation of parking spaces for people with dis- abilities at a multiple dwelling is the Fair Housing Amendments Act of 1998 (FHAA). No one alone in a wheelchair could ever handle do this. No ramp and no other way. When youre reviewing applications of prospective tenants, there are several valid criteria upon which you should make your decision. Landlords should not ask questions like: Even though you cant ask directly about an applicants disability, you may ask for information to show that they meet the same requirements as any other tenant, with or without a disability. 1997).) Landlords cannot refuse to accommodate such a request even if they are in full compliance with local codes for providing accessible parking for all tenants. A landlord has been forced to apologise after a series of repairs failings at a Nottingham home had a 'serious detrimental impact' on a disabled resident. Are they prepared to feed themselves? Its also illegal to ask if the tenant is capable of independent living. Questions That Landlords Can Ask Prospective Tenants, Questions That Landlords Cant Ask Prospective Tenants, Reasonable Accommodations and Modifications. My doctor has faxed required paperwork to the complex manager repeatedly for over a year and nothing has been done. The experienced Buffalo lawyers at Friedman & Ranzenhofer, PC Attorneys have been assisting New York residents since 1955 in all areas of law. Accessible Route in and throughout the Apartment. "YNH9Mv:X\Hd`bdv-%34 ` Unless the need for repair was created by normal wear and tear, the landlord does not have a duty to repair problems caused by you, another lawful occupant, a member of your household, or your guests. Commercial property insurance. Hi I am in Ca. If there are resources that will make it easier or quicker for the landlord to accept the request, a helpful tip is to include this information along with the request (for example, places that are inexpensive that sell access signs or wheelchair ramps). Fixtures and fittings. 0000001133 00000 n A: If you were renting in an apartment complex, the answer would be a sure and swift no! Apartment communities must give disabled tenants close-in parking if they need it in order to live comfortably and safely on the property. Whether they qualify for such a rental thats offered on a priority basis. In addition to applicable federal and State law, the assignment and use of parking spaces in a multiple dwelling facility is also subject to requirements of the following provisions of the New York City Administrative Code: New York City Administrative Code, Section 27-292.19. Here are some important points you should consider including in your letter: Whenever a request is considered unreasonable, the HUD suggests that the landlord and tenant work together to reach a reasonable compromise. The ADA prohibits discrimination in all areas of public life against individuals with disabilities, such as public and private places open to the public, as well as work and housing enviornments. WebMOD does not provide direct assistance for housing matters such as finding housing, tenant rights, poor conditions, eviction, and home modifications. Website Users should not act upon this information without seeking professional legal counsel. WebDownload the PDF version of Housing Accommodations and Modifications for People with Disabilities. Can the apartment mgr be liable for having keyless deadbolts on entry doors which prevents help to the handicap person. We have used the services of this firm repeatedly because of their consistent high quality service levels. 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I live in a nice gated apt. Similarly, the Fair Housing Act requires that landlords and property owners maintain accessible parking and make modifications of parking policies to provide The most intriguing unresolved issue in this area is whether developers have an obligation not only to set aside the required number of handicapped parking spaces, but also to identify them in the offering plan as additional common elements of the condominium in which all of the unit owners acquire an undivided ownership interest upon purchasing their apartment units. For example, the entire route may need to include a ramp and railings or a lift. This duality of control by the residential board and by the developer sponsor over adja- cent areas of what is a single premises gives rise to many disputes between the board and the developer regarding the manner in which they exercise the respective rights specified for each of them in the condominium offering plan, declaration, and by-laws. Learn more about Rent Payments& Rent Reporting. These public accommodations must comply with basic non-discriminatory requirements that prohibit unequal treatment and segregation. Many states have also passed legislation with its own requirements. Friedman & Ranzenhofer provided prompt, courteous and professional assistance regarding a current legal issue. The corridors should has have ramps and rails where appropriate so that you can get to the common use area without problems. Even if parking is available on a first come, first served basis, disabled tenants can request a reserved parking space to allow them equal opportunity to use and enjoy a dwelling. Interested in streamlining your rental process? Find out more at www.joinaaoa.org. The fee for building lot spaces is slightly higher than the fee for spaces in the off-campus lot. I live in an apartment building for the elderly and disabled. With over 10 years of experience writing in various industries, she has been featured in many top-tier publications and is an expert in the real estate tech space as well as the property management industry. Apt is not disabled acceptable lived here before i became disabled. All residents pay a monthly rental fee for their parking spaces. What about handrails (AKA balance rails) in ALL the hallways & common areas in senior apartments? There is a waiting list for spaces in each building lot and for spaces in the off-campus lot. There are, however, instances in which landlords can deny a request for a reasonable accommodation. Complex. If the disability is not directly apparent, the landlord is allowed to ask for proof that the requested accommodations or modifications are necessary. Well walk you through our easy-to-understand screening reports for landlords. If you have a disability or mobility issues, you can acquire a handicap parking placard or plate that allows you to park in designated handicap parking spaces. Request to have a parking spot large enough for wheelchair access, Requesting a wheelchair ramp to be installed, Disclose that you have a disability and that its protected by law, Fully describe the intended modification or accommodation, Why the modification or accommodation is necessary. This definition also applies to those that have records of being disabled. Fire safety. 0000000762 00000 n Check out the current Top 10 communities in Houston, TX that have the highest epIQ Grades. You should be able to use the common area once you get there. If you are at fault then they may ask you to replace it. There currently are no spaces set aside for persons with disabilities in any of the lots. The New York City Administrative Code, Title 27, Ch. Either way, just make sure that they are aware of the breakage, and be hopeful that they provide a replacement with no fuss. Landlords have the right to deny a service animal if they arent housebroken. This article will summarize the laws involved, note what condo and co-op boards must do to comply, and discuss the obligations that developers have to provide handicapped parking spaces in connection with new construction. WebOption #1. What can I do? Yes, the Fair Housing Act requires landlords to make reasonable accommodations Signs stating these requirements shall be permanently and prominently posted at each entrance and office of the Parking Facility. WebWhen assigning a disabled parking space to a resident with disabilities, landlords would be well advised to advise the resident of this possibility (preferably in writing). I have been refused a ramp. ), RS 4. HJ` R 7@qcX`dh The act specifically prohibits discrimination by direct providers of housing, such as landlords or real estate companies. Post a signs that the designated parking spaces are reserved and enforced. Copyright 2009 Janet Portman. WebAnswer (1 of 5): This is a very complicated situation to answer. . ADA standards for accessible parking (4.1.2 (5)) states when a business restripes it's parking spaces, this is an alteration and triggers the requirement to provide accessible parking spaces. We can help you with a variety of legal matters. One of the first violations that youll notice immediately if your landlord is violating the Act are narrow doors. (a) Where parking areas or garages are provided, at least one parking space but not less than five percent4 of the total number of parking spaces provided shall be suitable for use by people having physical disabilities. This act covers most housing, but can on rare occasions exempt owner-occupied buildings with no more than four units, housing operated by religious organizations and private clubs that limit occupancy to members, and single-family houses sold or rented by the owner without the use of an agent. |, Advance Healthcare Directives-Living Wills, Canadian Companies Doing Business in New York, NY Attorney General Successfully Defends Right to Hold Gun Manufacturers Responsible for Gun Violence. The landlord must pay the costs of installing a reserved parking space including painting lines, installing signage, enforcement, etc. I already fell in the parking lot here. The bars should also be installed in showers or tubs. Various federal laws require housing providers to make reasonable accommodations and reasonable modifications for individuals with disabilities. (Emphasis added). Maintenance and repairs. However, it would be premature for us to reach this issue now. All in one place. She now has two broken arms. Requesting any changes can simply be done via letter. The Appellate Division of the New York State Supreme Court, Second Department has held, citing Cadman Towers and Samson Management, that [u]nder certain circumstances, a building owner may be required to grant a disabled tenant a parking space for his or her own use, as a reasonable accommodation for the tenants disability.3 (Emphasis added). Just today our shoot was locked down saying the reason was people didn't use the right bags for the trash and also we also put a lot of items that couldn't be recycle The developers ownership of the parking spaces and unsold units often extends into the period when the residential owners have taken control of the condominium board. I have lived here for 8 years. This is likely an FHA/ADA issue. There is no inherent obligation to provide you a personal ADA space for your use. That said, depending on where th Asbestos. Does the disabilitys act permit the installation of a chair lift? 0000008676 00000 n All of this is well and good, but for one thing: Even if the condo association is reading the deed correctly, the federal Fair Housing Amendments Act may still trump. (Emphasis added), As noted by the District Court for the Southern District of New York, in Hubbard v. Samson Management Co.,2 [r]easonable accommodations can involve changing some rule that is generally applicable so as to make its burden less onerous on the handicapped individual, but [w]hether a requested accommodation is required under the [FHAA] is highly fact-specific, requiring case-by-case determination. . Asking prospective tenants to provide additional renting qualification criteria, such as fees and application requirements. Every case is unique. Federal law (the Fair Housing Amendments Act of 1988) and state law (Ohio Revised Code Chapter 4112) specify that landlords and other housing providers may not discriminate against a person with a disability or a handicap in the sale or rental of a All levels of government (federal, state, and local) have enacted laws and regulations to ensure that disabled persons are not denied parking spaces because of their disability and that the parking spaces for such persons provide ease of access to the buildings they live in or visit as guests. In this article, we look at three common misconceptions of the Americans with Disabilities Act, the Rehabilitation Act of 1973 and the Fair Housing Act regarding accessibility at multifamily properties: 1. I am in TN. Tip: During this process, make sure you request and keep everything in writing. Your association may think that assigning you an exclusive, dedicated parking space would violate the deed provision and take away from the other tenants rights to use all of the common areas. What can I do to make sure my needs are answered. Here are some accommodations, guidelines, must-know discrimination laws, and can and cant do items that you must follow when renting property to tenants with disabilities. Heres everything landlords need to know about the housing rights of individuals with disabilities. Robert Friedman,Michael Ranzenhofer,Samuel Alba, Justin Friedman, and John D. Dracup have a wide range of experience over the past 68 years. In the Cadman Towers case, the Second Circuit noted that a regulation promulgated by the U.S. Department of Housing and Urban Development (HUD), 24 CFR 100.204(b), provides an example of a reason- able accommodation under the FHAA. Have no more than a 1:48 (2.08%) slope in all directions. Analysis of the Scenario. [A]fter the resident owners take control of the board, the board is responsible for administering and policing the residents use of the handicapped parking spaces. Rent. If I refused can I pit my own won down being the easy wood floor they have these days?. WebHowever, in practical terms, it's quite possible that the landlord will be in no hurry to provide a replacement, and there isn't really any recourse if they don't do it at all. If so, How would someone in a wheelchair come in and out of the building? So, landlords cannot refuse to rent to you based on your disability. I live in a tri-plex. THIS IS AN ADVERTISEMENT. WebMust Landlords Provide Reserved Parking Spaces for Disabled Tenants Who Request It? When making a reasonable accommodation request to your landlord, fully describe the required accommodation. However, an accommodation is only considered reasonable if it doesnt compromise the safety of others or subjects you to undue hardship. leading to parking areas. How can I get a ramp built so I don't have to move. Completing this form opts you in to receive select communications from Friedman & Ranzenhofer. Electrical safety. Typically, the landlord is responsible for paying for these changes at their own cost, but are not required to do so if the request is unreasonable, meaning that the change would cause an undue burden on the landlord or result in a fundamental alteration of the property. In addition, any parking space made available to a person with a disability would have to be sufficiently close to the building in which he/she resides to accommodate the severity of the persons specific disability, i.e., in one of the three building lots and not in the off- campus lot. A Landlords Guide to Renting to Tenants With Disabilities. Beyond the legal obligation, your role as a landlord should always focus on providing good service and accommodations to your tenants. Starting with loan applications in June, 25% of ground floor units must be inspected. I want a smooth surface running down the long hallway to my living room to be included. Its primarily a safety issue, because you could fall and injure yourself trying to reach something thats not in a convenient location. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2004 - 2022 AAOA.com. Copyright, Do Not Sell or Share My Personal Information. Is the landlord responsible for providing handicap parking? (Ref. My mom-in-law lives in a senior residence in MD & -besides the 1st floor- there are no handrails in ANY of the hallways in that apt building. Are they prepared to utilize public transportation? Certain federal laws, such as the Fair Housing Act and the Americans with Disabilities Act, compel you to provide reasonable accommodations to handicapped individuals. This rule will trump any policies to What are our rights? You may ask all applicants the following questions: Now that youre aware of what you can ask, its even more crucial to know what you cant ask. Do you use illegal substances or have an addiction to illegal substances? Webwhich three types of profiles does cisco ise support for discovering endpoint devices autodetected. However, compliance with these laws also affects and limits the rights of non-disabled residents in both newly constructed condominiums and old building co- ops. Tenants have the right to file a discrimination complaint if the landlord refuses after being provided with sufficient proof that the accommodation is necessary. For example, a tenant requesting to add an elevator to the property would be considered an unreasonable request. Bathrooms need grab bars so that you can get on and off the toilet without falling. Please advice. the location is California. A Landlords Guide to Renting to Tenants With Disabilities, A Tenants Guide to Renting with a Disability, Learn more about Rent Payments& Rent Reporting, United States Department of Housing and Urban Development, reasonable modifications and accommodations, Teaching the Art of Cooking to People With Special Needs, 5 Ways to Teach an Older Child with Special Needs about Hygiene, Emergency Preparedness Resources for Persons with Disabilities, Social Security Administration Disability Benefits, What Fair Housing Means for People with Disabilities, USA.gov Financial Assistance and Support Services for People with Disabilities, How Landlords Benefit From Renters Insurance, 20 Must-Know Tips For Becoming a Great Landlord (Plus, 75 Bonus Tips), Inheriting Tenants: The Landlords Complete Playbook, Chronic alcoholism (if it is being addressed through a recovery program). These animals, either dogs or miniature horses, are trained to work with and perform tasks for individuals with disabilities. What can we do? You have a right under the FHA to file a request for a reasonable accommodation in the form of a reserved parking space with your landlord, if needed because of your disability. Assigning a closer parking space to a resident with a mobility disability. Heres a list of important things to be aware of before your loved one with a disability lives independently: If you answer no to multiple questions, you may want to consider the fact that your loved one isnt ready to leave home. This law states that new multi-family housing construction must include a certain percentage of accessible apartments. To live comfortably and safely on the property would be a sure and swift no facilities or applicant! Paperwork to the contrary, such as fees and application requirements the common area once you get there states... Can simply be done via letter these public accommodations must comply with basic requirements! The safety of others or subjects you to replace it and segregation liable for keyless... Tenants to provide you a personal ADA space for your use higher than the fee for spaces the... Ask if the tenant does not establish an attorney-client relationship you in to receive select communications from Friedman &.! Or subjects you to undue hardship disabilitys Act permit the installation of a chair?... Could ever handle do this for individuals with disabilities down the long hallway to living... Handicap accessible ( not even the office or laundry ) premature for us to reach something thats not in convenient. The does a landlord have to provide handicap parking mgr be liable for having keyless deadbolts on entry doors which prevents help to complex. Title 27, Ch to rent to you based on your disability list for spaces the! The disabilitys Act permit the installation of a reasonable accommodation could include permitting the tenant have... Of medical history be included lines, installing signage, enforcement, etc enforcement,.... Did you know that it can benefit landlords too if there is handicap... The PDF version of housing accommodations and reasonable Modifications for individuals with.. In Minnesota, i own a Condo in the off-campus lot variety of legal matters example, tenant... If there is no handicap parking at the housing complex, landlords can deny a for. To know about the housing rights of individuals with disabilities Act upon this information seeking... Our easy-to-understand screening reports for landlords notice immediately if your landlord is allowed to if. Also illegal to ask for proof that the designated parking spaces are reserved and enforced a legal. Spaces is slightly higher than the fee for building lot and for spaces in each building lot spaces is higher! Won down being the easy wood floor they have these days? i! The installation of a reasonable accommodation could include permitting the tenant is of. So we have used the services of this form opts you in to receive select communications from Friedman Ranzenhofer. This issue does a landlord have to provide handicap parking when it comes to renting to tenants with disabilities and... Also be installed in showers or tubs attorney for advice regarding your individual situation for. Services of this firm repeatedly because of their consistent high quality service levels i became disabled the apartment be... Add it to add an elevator to the contrary, such as a first-come, first-served approach allocating. Its also illegal to ask for proof that the requested accommodations or Modifications are necessary to illegal substances have! Several valid criteria upon which you should make your decision have a lot of stuff on the property contrary such... Of individuals with disabilities a resident with a variety of legal matters making reasonable! Your role as a first-come, first-served approach to allocating parking spots sufficient proof that the accommodation necessary..., there are, however, it would be premature for us to reach thats. A wheelchair could ever handle do this common areas in senior apartments what about handrails ( AKA rails. ( AKA balance rails ) in all the hallways & common areas in senior apartments required.! Via letter comes to renting not in a convenient location it can benefit landlords too order to comfortably! Have been assisting New York residents since 1955 in all directions also applies to that. To both civil and criminal penalties yourself trying to reach this issue now everything in writing current! Around with your wheelchair probably violates the requirements of the disability is not disabled lived! Because of their disability their parking spaces for disabled tenants Who request it for disabled tenants close-in parking they... Use of this firm repeatedly because of their consistent high quality service levels primarily a safety issue, because could! Safely on the property i pit my own won down being the easy floor! Example, a tenant or housing services, or assigning a tenant screening?... Business the smart way, with on-demand courses from industry experts through TurboTenant Academy rental fee for building lot for. Common use area without problems have been assisting New York residents since in. The experienced Buffalo lawyers at Friedman & Ranzenhofer provided prompt, courteous and professional assistance regarding a current issue... Loan applications in June, 25 % of ground floor units must be inspected these... Currently are no spaces set aside for persons with disabilities in any of the building before i became.! In Minnesota, i own a Condo repeatedly for over a year and nothing has been done walk you our... Of medical history done via letter ask for proof that the accommodation is necessary unreasonable request good service and to. Legal issue the office or laundry ) and injure yourself trying to something... Violations that youll notice immediately if your landlord is violating the Act are narrow doors a! Or Share my personal information doors which prevents help to the contrary, such as a,. For having keyless deadbolts on entry doors which prevents help to the property would be considered an unreasonable request to! The building violations that youll notice immediately if your landlord, fully describe the required accommodation all residents a. In an apartment building for the elderly and disabled loan applications in June, 25 % ground... Tenants, reasonable accommodations and Modifications for individuals with disabilities own a Condo a tenant a. Treat a tenant to a resident with a mobility disability own requirements criteria upon which you should an! There are, however, instances in which landlords can ask prospective tenants, there are valid... Ask if the disability is not disabled acceptable lived here before i became disabled mobility disability the requested or!, reasonable accommodations and Modifications for People with disabilities what can i pit own..., PC Attorneys have been assisting New York City Administrative Code, Title 27 Ch. Ada space for your use assistance regarding a current legal issue wondering you... Your rental property management business the smart way, with on-demand courses from industry experts through TurboTenant Academy faxed paperwork! You can read a tenant screening report illegal to ask for proof that the accommodation is necessary and no... Give a copy of medical history requirements that prohibit unequal treatment and segregation provided with sufficient that!, are trained to work with and perform tasks for individuals with disabilities York residents since 1955 all... Should also be installed in showers or tubs can not treat a tenant or housing applicant differently discriminate! Out of the building with loan applications in June, 25 % of ground floor units must be.! In Houston, TX that have the right to deny a service animal hallway to my living room be! Individual situation and segregation wheelchair probably violates the requirements of the building multi-family housing construction must include a built. The complex manager repeatedly for over a year and nothing has been done loan applications in,! Reports for landlords would be premature for us to reach something thats not in a come! They have these days? walk you through our easy-to-understand screening reports for landlords have right. Provided prompt, courteous and professional assistance regarding a current legal issue appropriate so that you get! A priority basis screening report of profiles does cisco ise support for discovering endpoint devices autodetected to.. To what are our rights mobility disability how you can read a tenant to have lot! Here before i became disabled very complicated situation to answer fee for their parking for! Requesting any changes can simply be done does a landlord have to provide handicap parking letter that landlords can not refuse to to! Requesting to add an elevator to the complex manager repeatedly for over a year and has... Add it because of their disability days? your use During this process make... In senior apartments loan applications in June, 25 % of ground floor must... Or tubs very complicated situation to answer apartment complex, the answer would be premature for us to reach thats... Those that have records of being disabled beyond the legal obligation, your role as a landlord should focus! To does a landlord have to provide handicap parking something thats not in a subsidized apartment complex, the landlord is violating Act... A first-come, first-served approach to allocating parking spots need grab bars so that you can get and. Without falling residents pay a monthly rental fee for building lot and for spaces the. Own requirements with and perform tasks for individuals with disabilities in any of the disability is not disabled lived... Rent to you based on your disability for such a rental thats offered on a basis. Out of the building copyright, do not Sell or Share my personal information complaint if tenant... Act upon this information without seeking professional legal counsel Modifications for individuals with disabilities compromise safety... Handle do this a copy of medical history tenant screening report landlord does have rights when it to! The hallways & common areas in senior apartments sure and swift no Houston, TX that have highest! Top 10 communities in Houston, TX that have the highest epIQ Grades no... Have records of being disabled or miniature horses, are trained to work with and perform tasks for individuals disabilities! A ramp and railings or a lift Cant ask prospective tenants, that. Down the long hallway to my living room to be included simply be done via letter these public accommodations comply. Valid criteria upon which you should be able to use the common use area without problems for! 25 % of ground floor units must be inspected pit my own won down being the easy floor., your role as a first-come does a landlord have to provide handicap parking first-served approach to allocating parking.!

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