Legal Question in Disability Law in California

I am the property manager of a townhouse complex in Carmichael, Ca.. I have a tenant who is handicapped, does not drive himself but has a placard.. He has a friend of his who comes over to visit quite often, who I have had issues with as far as parking in other assigned spots for tenants and racing through the parking lot at unsafe speeds, faster than the posted speed limit. A few weeks ago, he had an accident with one of my tenants in the parking lot. Only minor damage occrred, however at the time the friend did not leave his information on the vehicle that he hit. This was witnessed by another tenant in the parking lot at the time and they inturn notified the owner/tenant of the vehicle. They at this time proceeded up to the front of the complex where the car in question and owner were, at which time he gave them his information.

When I as the manager, found out about the circumstances and with the Owner's knowlegde, proceeded by letter to advise both the tenant and his friend that he is not allowed to park anymore on the premesis as it is private property.

This guy has a disabled plate for parking and near the tenant's townhouse is the property's handicapped parking spot. They are telling me that I can not restrict him from parking in the handicap spot, even though it is on private property. This guy is nothing but trouble and I don't want him around; he creates extreme safety concern as far as my tenants are concerned.

So can I keep him from parking on private prperty even with the ADA issues at hand? And if he does park on the property, can I have his vehicle towed?

Richard


Asked on 10/29/10, 10:54 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You should be able to ban from the grounds someone who drives in a dangerous fashion. The fact that he supplies assistance to someone who is handicapped or that he parks in a handicapped slot does not change the fact that he is a danger. Your failure to bar him would be adding to the lack of safety of other tenants, who you have a duty to protect.

Tell both of them the above and that is they disagree to show you the section of the ADA that supports their position. You can then foreward that on to me and I will review it and send my comments to you, without any charge..

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Answered on 11/03/10, 2:28 pm


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