Legal Question in Disability Law in Florida
What are his Rights?
My dad became disabled one month ago and has lost his mobility due to chemo treatments. The apartment complex he lives in has handicapped accessable apartments, his just isn't. The apartment has several steps leading into the doorway, w/ a step to get out the apartment (out back)
Dad's wheelchair doesn't fit through either bathroom's door jam.
The apartment complex won't make his apartment handicapped accessable. The complex will put him on a waiting his for a handicapped apartment, a fee will be charged to move him, and the apartments are more expensive.
1 Answer from Attorneys
The apartment complex has a duty to provide a certain no. of accessible apartments. In thus case they are all taken but your father currently resides in the complex and the unit can easily be made accessible. In this case and based on the facts you have presented, the complex has a duty to make the unit accessible. Also, unless the complex can show due cause (such as much larger apartment, larger square footage) the other accessible units should not be more expensive. I would recommend you consult an ADA attorney in your area to discuss further and go over the details in your case. Also note, if an issue like this goes to trial and the court rules in your favor, the other party is liable for your attorney's fees.
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