A New Jersey condominium resident and his disabled husband have raised concerns about the availability of accessible parking spaces in their building’s enclosed garage. The couple owns a deeded parking spot located toward the back of the garage, while two accessible parking spaces near the entrance frequently are occupied by different vehicles, often expensive sports cars, with no visible indication that the drivers have disabilities. The couple questioned the allocation of these accessible spots but were told the spaces are deeded, leading to questions about the legality and appropriate recourse.

Under federal and state laws, including the Fair Housing Act and the New Jersey Law Against Discrimination, condominium associations are required to provide reasonable accommodations for residents with disabilities. Experts emphasize that these laws obligate associations to ensure accessible parking spaces are genuinely available to those who need them, regardless of deed status.

Mordy Yankovich, a partner at Lieb at Law practicing in New Jersey and New York, explained that condominium management cannot use the fact that parking spots are deeded as a defense for denying reasonable accommodations. “Even if people who need the spaces own the deed for those spaces, management cannot ignore your husband’s disability and refuse to act,” he said. The association must take steps such as reassigning or exchanging deeded spaces, or otherwise altering the parking arrangements to provide accessible options near the building entrance.

Residents seeking accommodations are advised to formally notify their condominium association and management company by certified letter, outlining their disability and the need for accessible parking closer to the building entrance. Legal counsel may assist in drafting this communication, which should include documentation such as a disability placard and a healthcare provider’s note verifying the disability and functional need, according to Scott B. Piekarsky, a lawyer at Offit Kurman.

Should the association not respond adequately, residents can utilize the condominium’s dispute resolution process, which requires oversight by a neutral party and must be available to owners under state regulations. Maintaining records of all correspondence is crucial for supporting claims.

If internal dispute resolution fails, complainants may file grievances with the New Jersey Division on Civil Rights or the U.S. Department of Housing and Urban Development, or pursue legal action in state or federal courts.

This case highlights the ongoing challenges faced by people with disabilities in securing appropriate accommodations within residential settings and reinforces legal duties of housing providers to uphold accessibility standards.