Are all apartment complexes suppose to have a certain amount of handicaped accessible units?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are all apartment complexes suppose to have a certain amount of handicaped accessible units?
I have live in a low income apartment complex for over 20 years; when I first moved in I wasn’t in a wheelchair. However, due to failing health issuses, I now use a wheelchair 100% of the time. Unfortunately my apartment is not accessible for my wheelchair; there are no handicap accessible units here. I was asked to put in request for reasonable accommodation or modification which I did for carpet removal and replace with hardwood floors. Then I was informed that I would have too pay for this after given the choice of indoor/outdoor carpet or wood flooring. Can management do this?
Asked on July 10, 2012 under Real Estate Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
Apartment complexes are not required to have certain amount of handicapped units. The California Civil Code has sections that require facilities to be handicap accessible. The California Civil Code Sections 52-55 cover two separate pieces of legislation: the Unruh Civil Rights Act and the Disabled Persons Act. The Unruh Act covers intentional discrimination, while the Disabled Persons Act covered unintentional discrimination.
That said, both of these acts only cover public facilties. A recent 2008 case stated that Apartment complexes are not covered as public---only the leasing office itself needs to have handicap access. See Coronado v. Cobblestone Village Comm. Rentals (2008) 163 Cal.App.4th 83.
So, I hate to be the bearer of bad news, but it looks like the law falls short of helping you in this situation.
Best of luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.