Legal Question in Real Estate Law in California

my parking space was made into a disabled parking now and moved me. is that legal or they are discriminating against me? 80% hispanics in my building.


Asked on 7/18/12, 8:11 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The assignment of parking spaces to apartments is usually discretionary with management, although some leases do specify a particular space goes with a particular apartment. So, I'd start out looking at your lease, to see if it mentions a particular parking space, or that you will get a space without stating which one, or is silent on the subject. Also, keep in mind that the apartment's duty to designate one or more parking spaces for handicapped persons is imposed by law, and the law is relatively new (or maybe the apartment is just catching on to their legal duty because someone complained), so they may just be doing their legal duty rather than discriminating or punishing. Finally, handicapped spaces must allow easy access and therefore are usually set up in places where there is a wide open area next to the driver's door, which limits the choices for which space will be assigned to handicapped.

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Answered on 7/18/12, 9:00 am


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