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Does anyone have any experience with what the Americans with Disabilities Act requires of a coop in terms of the following:
The coop has a rule against bicycles being brought into the lobby. Instead, bicycles are to be taken into the garage and chained to a metal bicycle rack. Bicycle owners must then walk roughly 125 feet to the elevator to reach the lobby.
An individual with a severe physical disability has rented a unit on the lobby level from a shareholder. This individual uses a bicycle for her transportation. Walking is visibly difficult for this individual. The individual with the disability has visible difficulty making the walk through the basement and has been bringing her bicycle into the lobby (the same level as her apartment).
Recently, while bringing her bicycle into the lobby, the individual was observed by the managing agent who informed her that it was not permitted. The individual asked to be considered an exception to the rule due to her disability. The managing agent ordered the bicycle taken out of the lobby.
We do not want to run afoul of the ADA. Any thoughts on what should be done?
Thanks in advance.
The Americans with Disabilities Act does not apply to private residences including co-ops and condos. The applicable law is the Fair Housing Act. The disabled individual needs to write a letter to the board requesting a specific reasonable accommodation -- being able to bring his/her bike through the lobby directly to his/her apartment -- and the reason for the accommodation -- that the long walk from the basement can only be done with extraordinary difficulty because of a physical disability. The NYC Commission on Human Rights can advise.
Contrary to your post, ADA does cover coops because they are not considered private reidences. This is the reason the tax situation is so unfair. Co ops are taxed as commercial property. Many of us have been trying to get a new zoning category, but nothing has happened yet. You state that it is actually in the Fair Housing Act. I would greatly appreciate you noting which part of the Act covers this covers to the exclusion of ADA. Thanks
The ADA "prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to…,” according to http://www.ada.gov/reg3a.html#Anchor-0001, which says the ADA covers only "(1) Public accommodation; (2) Commercial facility; or (3) Private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes.”
The Fair Housing Act specifically applies to private dwellings (other than single- to four-family homes), according to http://www.justice.gov/crt//about/hce/title8.php.
Common sense should prevail at all times. It is not always a black and white case. (If I were the renter I would send a letter to the board/agent explaining my circumstances)
Bob.
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The law requires that condos, coops, apartments etc. make "reasonable accomodations" for the disabled. If someone with a disabilty say requests a closer parking space this would be a reasonable accomodation. I believe that this individuals request is reasonable given the nature of her disability & the law & therefore should be granted.
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