The Federal Fair Housing Act, 24 CF 100.205 requires that covered multifamily dwellings, built during 1991 and thereafter, have 2% of parking spaces be made accessible and located on an accessible route for individuals with disabilities. In California, these handicap spaces must comply with the rules set forth by the Department of Motor Vehicles.
Here’s an example of ADA Parking Fraud that was ignored for 6 months by the 428 Alice Owners Association in Oakland, CA:
In early September 2021, a condo owner at 428 Alice was visited by a guest who was disabled. The owner let their guest into the building’s garage so they could park in one of the designated handicap spaces. Unfortunately, both of the handicap spaces were occupied. While one of the vehicles had a valid handicap permit, the other was displaying a temporary handicap permit that expired 8 days earlier. The disabled guest had to find street parking and walk several blocks using their walker.
The condo owner immediately emailed their Association Manager (The Helsing Group) about the vehicle illegally parked in the handicap space. It took over 8 days for The Helsing Group to respond. They said they would get the illegally parked vehicle moved or towed. 12 days later, the illegally parked car with the expired handicap placard was still parked in the handicap spot. The condo owner emailed The Helsing Group again asking for an update. They never received any response.
Six months later, the same vehicle, with the same expired handicap placard, was still parked in the handicap spot.
Why would The Helsing Group and the 428 Alice Board ignore obvious ADA Parking Fraud?
It turns out the other handicap space was continuously occupied by 428 Alice Board President, Michelle Epstein. She and her husband own a unit with only one deeded parking spot however, they have two cars. To avoid parking on the street, as all other owners with two cars and one parking space must do, she was using the handicap space as her personal parking spot. She is not disabled and is usually driving alone. According to CA Vehicle Code 4461: A person to whom a disabled person placard has been issued may permit another person to use the placard only while in the presence or reasonable proximity of the disabled person for the purpose of transporting the disabled person.
Has your Board or Association Manager also ignored ADA Parking Fraud?
Send us your story so we can expose it to the world.
The following may also help:
Local Police Department and/or Parking Enforcement They can issue parking citations to the illegally parked vehicle.
State Department of Motor Vehicles (DMV) They may ban the violator from getting future handicap placards.
Department Fair Employment & Housing (DFEH) They investigate unlawful discrimination and violations of the ADA.
Department of Justice (DOJ) They also investigate unlawful discrimination and violations of the ADA.
ADA Attorney They can sue your HOA for ADA violations.
Is a covered multi family dwelling a condo building? What about attached homes that each have a garage but no club house/pool etc., does that type of HOA need to provide handicap parking spaces?