What’s Wrong Wednesday: Accessible Parking Space Blocked By A Trailer
Accessible parking for apartment buildings are regulated by the Fair Housing Act. The Fair Housing Act requires all “covered multifamily dwellings” designed and constructed for first occupancy after March 13, 1991, to be readily accessible to and usable by persons with disabilities. In buildings with four or more dwelling units and at least one elevator, all dwelling units and all public and common use areas are subject to the Act’s design and construction requirements. Dwellings subject to the Act’s design and construction requirements include condominiums, cooperatives, apartment buildings, vacation and time share units, assisted living facilities, continuing care facilities, nursing homes, public housing developments, HOPE VI projects, projects funded with HOME or other federal funds, transitional housing, single room occupancy units (SROs), shelters designed as a residence for homeless persons, dormitories, hospices, extended stay or residential hotels, and more.
Fair Housing Act Design and Construction Requirements for an accessible route. All covered multifamily dwellings must have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site.
- An accessible route means a continuous, unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair, and that is also safe for and usable by people with other disabilities.
- An accessible entrance is a building entrance connected by an accessible route to public transit stops, accessible parking and passenger loading zones, or public streets and sidewalks.
- Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps and lifts.
A minimum of two percent of the number of parking spaces serving covered dwelling units must be made accessible and they must be located on an accessible route; if different types of parking are offered, such as surface parking, garage, or covered spaces, a sufficient number of each type must be made accessible. Fair Housing Act Design Manual, page 2.23.
If buyers or renters request an accessible space at the time of the first sale or rental, it may be necessary to provide additional accessible parking spaces if the two percent are already reserved. These spaces must be offered on the same terms and with the full range of choices offered to others.
If additional spaces are needed as a reasonable accommodation to a person with a disability after the buildings are constructed, additional accessible parking spaces may be required.
That means that this trailer is parked in an accessible parking space making it unusable by someone who has a mobility disability.