(Photo not that of the actual client. Names changed to protect privacy.)
“Sebastian,” 75, and his wife, “Elena,” 74, came to JALA for help after the property manager at their HUD-subsidized apartment in Middleburg, Fla, told them they could not leave Elena’s power mobility device near the entrance to their apartment.
She needs the scooter to get around, while Sebastian uses a walker, and the couple also have a wheelchair van to assist with their mobility. Due to their disabilities, both are only able to walk short distances at a time.
Unfortunately, their apartment is on a long hallway, and when they leave home, they have a long walk to get to the elevator and then to the parking lot. Sebastian would park Elena’s scooter, get their van, and then help Elena into it. He would then usually leave the scooter somewhere close to the door, rather than bringing it all the way back to their unit.
The property manager began sending them notices informing them that they were not permitted to leave the scooter unattended in the building.
Not only were they not given a place to store the scooter, but they also were not provided with an assigned, handicap-accessible parking space near the building entrance they use, forcing them to walk farther to the van.
They had requested reasonable accommodations, but their requests were all either ignored or denied. A retired contractor, Sebastian even drew up plans for the property manager to build a small parking area for the scooter.
Fair Housing Unit attorney Suzanne Garrow secured letters from the couple’s healthcare professionals and conducted a site visit to assess their needs.
She then submitted two separate reasonable accommodation requests on their behalf, one requesting that they be able to park the scooter in an alcove near the elevator and entrance they use, and one requesting an assigned, handicap-accessible parking space near that same entrance. After some negotiation, both reasonable accommodation requests were granted. Now, Sebastian and Elena have an easier time coming and going, and they are no longer receiving notices from the property manager about their scooter.
