ADA violation by town

[Chris516]

Jurisdiction

Maryland

The town I live in, has fewer than 600 people in the entire town. I live in the center of town with a relative/homeowner. The front of the house faces the town circle like the other homes located around the center of town. The town dates back to the 1800's, when it was just a church camp existing on the center of town. The town was incorporated in 1937. Recently a 'boundary survey' via GPS, was done following a neighbors house burning down. The relative/homeowner of the house we live in, bought what was a burned out shell of a house that had burned down in 2002. There was never any boundary survey done then. When I and/or the relative/homeowner enter/leave the house. We enter/leave the house by the 'backdoor'(remember the front of the house faces the center of town). When leaving/entering the house, there is a wooden platform w/ a railing extending 2.5ft. from the house, with five elongated wooden steps. Because of the boundary survey, the town council wants to cut the stairs in half. The relative/homeowner is in their 70's and is not exactly quick on their feet, even though they still have a drivers' license. While I am athletic at 48. I have collapsed arches in my feet. I also have clips on a (congenital)brain aneurysm, a shunt for (congenital)hydrocephalus, and I am on medication to control my epilepsy. By cutting the steps in half and having to rebuild them at a shorter distance. With the steps cut in half. The angle to the deck in front of the door will go from a 25-degree angle. To a 90-degree angle. All because the steps partly being on town land. The town is being adamant about this, even though it could endanger my life. The ground around the deck n' deck stairs is covered with neatly placed bricks.

Up until now, I have been blowing the leaves off of what the town says, is the town's property which includes a brick-covered path to the house. I am thinking of telling the town. That since the major pedestrian access to the street is on town land. That they will have to maintain it, or pay me. Because, I can easily trip due to lethargy in my legs. From brain surgery as a child.

If the town goes ahead with this, under ADA guidelines wouldn't the town be responsible for maintaining it, instead of me and the affected relative/homeowner?

 

[army judge]

The town I live in, has fewer than 600 people in the entire town. I live in the center of town with a relative/homeowner. The front of the house faces the town circle like the other homes located around the center of town. The town dates back to the 1800's, when it was just a church camp existing on the center of town. The town was incorporated in 1937. Recently a 'boundary survey' via GPS, was done following a neighbors house burning down. The relative/homeowner of the house we live in, bought what was a burned out shell of a house that had burned down in 2002. There was never any boundary survey done then. When I and/or the relative/homeowner enter/leave the house. We enter/leave the house by the 'backdoor'(remember the front of the house faces the center of town). When leaving/entering the house, there is a wooden platform w/ a railing extending 2.5ft. from the house, with five elongated wooden steps. Because of the boundary survey, the town council wants to cut the stairs in half. The relative/homeowner is in their 70's and is not exactly quick on their feet, even though they still have a drivers' license. While I am athletic at 48. I have collapsed arches in my feet. I also have clips on a (congenital)brain aneurysm, a shunt for (congenital)hydrocephalus, and I am on medication to control my epilepsy. By cutting the steps in half and having to rebuild them at a shorter distance. With the steps cut in half. The angle to the deck in front of the door will go from a 25-degree angle. To a 90-degree angle. All because the steps partly being on town land. The town is being adamant about this, even though it could endanger my life. The ground around the deck n' deck stairs is covered with neatly placed bricks.

Up until now, I have been blowing the leaves off of what the town says, is the town's property which includes a brick-covered path to the house. I am thinking of telling the town. That since the major pedestrian access to the street is on town land. That they will have to maintain it, or pay me. Because, I can easily trip due to lethargy in my legs. From brain surgery as a child.

If the town goes ahead with this, under ADA guidelines wouldn't the town be responsible for maintaining it, instead of me and the affected relative/homeowner?

You can research it further, but ADA does allow you to have accommodations for medical conditions that disable people.

Once you request the accommodation, the other party (be it landlord, HOA, whomever is required to allow you to have such forbearance.

You, however, the requester must pay for the accommodations with one exception a HANDICAP painted and signed parking space via the closest accessible route to your front door, or entry point of your home.

What you're requesting isn't required to be done, and if it were, you'd have to pay for it.

Now, if it were access to a parking space you were requesting in an apartment complex for example, easy peasy.

 

[adjusterjack]

If the town goes ahead with this, under ADA guidelines wouldn't the town be responsible for maintaining it, instead of me and the affected relative/homeowner?

The ADA has nothing to do with property lines. If the town owns property that was encroached on by the home site and the town reclaims that portion of its property and the result is that the town removes part of the steps and owns part of the path, then I don't see where the town has any obligation to you or your relative/homeowner whatsoever.

 

[ElleMD]

Ditto. ADA does not require the town allow you to build steps on their property, nor are they required to maintain their property for your use. Either redesign the deck and steps, or use a different entrance to the home. Your call.

 

[Chris516]

The relative/homeowner had the house built 2002 within the agreed upon purchased lots. The town property in question. Is never used by the town, collectively by town government employees', or individually by any resident in town. The corner of one side of the house is within a few feet of the neighbor's house. Effectively blocking off a brick path/town property from going between the houses. But it is within property lines. So the town can't complain. In fact several neighbors agree with the relative/homeowner. That the one individual on the town council who started all this is the main problem. A shed where I keep my bike(yes, I do have a (road)racing bike despite being disabled) and a ground-level flower box according to the 'boundary survey'. Are actually on the property of the neighbor who's house is mere feet from my relative/homeowner's house. But they have absolutely no problem with that, and think the individual on the town council is being stupid. If it was a heavily trafficked path. I could see the contention of the individual on the town council, and even be in agreement with them. But absolutely no one walks along the two paths to get somewhere. The neighbor is willing to sell an easement for the property the bike shed and flower box is on. The shed itself, was constructed by the previous owner of the house my relative/homeowner owns. Which the town knew about, but said nothing.