Can a HUD apartment building issue assigned handicap parking where over 80% of the tenants have a state issued placard?

Asked over 1 year ago - Cedar Grove, NJ

I lived in a privately owned HUD Senior/Disabled building. There are 149 apartments, and 111 parking spots, which 16 are assigned handicap spots. Over 80% of the tenants have state issued handicap placards. Management's policy is a waiting list when a spot becomes available goes to the next person on the list. It is documented in the past, some tenants paid for such spots or acquired them under questionable means. All apartments are the same, studio or 1 bedroom, same size and appliances. These 16 tenants have a privilege no one else has, as they can come and go as they please for as long as they like, and no one may go into their spot. Yet, the other 133 + tenants do not have an assigned space and it is pot luck. Many have more severe disabilities, amputees, than assigned tenants.

Attorney answers (2)

  1. Steven Todd Keppler

    Contributor Level 14

    Answered . Imagine the alternative - people jockeying for the spots, or never moving their cars for fear of losing them. It may not be the most equitable solution to this problem, but I do not think there's anything inherently illegal going on.

    You might want to post this question in the Nursing Home-Neglect forum. I'm not suggesting for a moment there's neglect here, but the attorneys who participate in that marketplace may have better information.

    The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client... more
  2. Cheryl Rivera Smith

    Contributor Level 20

    Answered . I am sure they are following the law. Being disabled or not is black and white. Taking into consideration degree of disability would be subjective.

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