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I am handicap and do not drive. My staff does have a vehicle and my apt manager is refusing giving her a parking pass.

San Diego, CA |

Is she able to keep a parking pass from my staff?

Attorney Answers 5


  1. 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.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  2. 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.

    DISCLAIMER—This answer is for informational purposes only. It doesn't constitute legal advice. This answer doesn't create attorney client relationship.


  3. 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.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.


  4. 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.


  5. 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.

    Best regards.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***