Is she able to keep a parking pass from my staff?
Employment / Labor Attorney
Your question is somewhat vague. If you are asking if your apartment manager can refuse to give you a parking pass to provide to your driver/ride, I believe that would be a violation of the Fair Employment and Housing Act anti-discrimination in housing provisions. You can make a complaint about that directly to the Department of Fair Employment and Housing. You can file a complaint on line if you wish.
Good luck to you.
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Looks like he is in violation with ADA (Americans with Disabilities Act). He has to provide reasonable accommodation to your situation. Please try to contact an experienced attorney well familiar with ADA.
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As the lessor of the apartment, aren't contractually entitled to a parking space?
Between the terms of the rental contract and the requirements of the Fair Housing Act, the manager's refusal seems untenable.
Contact the CA and San Diego bar associations for referrals to housing attorneys.
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I think it is imperitive that you contact the Department of Fair Employment and Housing regarding this issue. The question is whether deprivation of the pass is in effect a discrimination based on your disability. Without knowing the layout of your unit and surrounding parking/access it may be that you are being are in a similar situation to a case that was resolved by the DFEH. I have placed a link below for your convenience. In that case the tenant had a wooden ramp removed and was rendered "house bound" by the management company's action. You may also talk to a civil attorney as well, many of whom offer free consultations. All the best to you.
Employment / Labor Attorney
You may have claims under the California Fair Employment and Housing Act, as other attorneys have mentioned; the federal Fair Housing Act; California's Unruh Act; or other laws. It may require an attorney to get your apartment manager to change its decision, though it might not take more than a short letter about your rights under these laws. Try contacting the Fair Housing Council of San Diego http://fhcsd.com/ Also, depending on your income, you may qualify for assistance from the Legal Aid Association of San Diego. You can retain a private attorney to help you with this, but make sure the attorney has experience with disability housing law.
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