Can apartment manager REMOVE Handicapped Parking ?

[masnacwed]

Jurisdiction

Florida

I live in subsidized ( HUD ) housing that is owned by a private company. There was an oversight in which they reserved handicapped parking for specific apartments. This is all well and good as long as whoever is in those apartment is handicapped. Almost 3 years now they moved someone in one of those apartments who is NOT physically handicapped in any form. One day someone parked who was handicapped parked in a handicapped spot. The person who was assigned to that spot came home and a massive fight ensued as the person who was NOT handicapped forced out the person who was. I then filed a complaint with HUD about how the apartment manager was breaking the law by allowing someone to park in a handicapped spot without the proper handicapped tag.
In retaliation she removed the 2 handicapped parking spots on 2021-10-08.
Question: Is the apartment manager allowed to remove handicapped parking ?
In addition, the manager states that she does not have to allow handicapped parking and that there are other handicapped parking spots in adjacent lots and they can use them.
I also have pictures of the spots before, during and after they got painted over.
edit: removed some all cap words.

 

[flyingron]

Some local ordinances may mandate a minimum number of spaces, other than that, there's not generally any prohibition from removing handicapped spaces. Federally, there has to be a reasonable accomodation for disabled tenants, but that's rather subjective. Further, unless you're a disabled person who needs the space, you have no standing to take legal action over it even if there was some issue.

Note that absent some contractual provision, there's no requirement they maintain spaces at all. In fact, they're free to provide parking for some units but not others, provided the discrimination isn't based on some protected aspect: race, religion, disability...

What can't happen in most places is a driver who is not permitted by law to park in disabled-marked spaces, to park there just because the owner of the space says it's OK.

 

[masnacwed]

Some local ordinances may mandate a minimum number of spaces, other than that, there's not generally any prohibition from removing handicapped spaces. Federally, there has to be a reasonable accomodation for disabled tenants, but that's rather subjective. Further, unless you're a disabled person who needs the space, you have no standing to take legal action over it even if there was some issue.

Note that absent some contractual provision, there's no requirement they maintain spaces at all. In fact, they're free to provide parking for some units but not others, provided the discrimination isn't based on some protected aspect: race, religion, disability...

What can't happen in most places is a driver who is not permitted by law to park in disabled-marked spaces, to park there just because the owner of the space says it's OK.

Thank you for your reply. That really blew me away.
I have a injured right leg that was nearly cut off in '94. I have to wear a brace to walk. In the last month I have fallen 4 times and was ordered to start using a walker / wheelchair. At first I was fighting for the rights of all handicapped as I believed that the manager was in the wrong. But now since I am supposed to be using a wheelchair it's for me as well. I have requested one of those spots for reasonable accommodation as I am the only person in the complex to use a wheelchair. But it was denied as she claims they have mobility issues. Additionally sometimes the people in those spots tend to block the wheelchair ramp. I have been getting so frustrated with management and their only response is "If you don't like it, move".

 

[Zigner]

I then filed a complaint with HUD about how the apartment manager was breaking the law by allowing someone to park in a handicapped spot without the proper handicapped tag.

That complaint was ill-advised. The apartment manager can't override state law, so regardless of any permission s/he gave, it was the operator of the vehicle who was violating the law.

 

[masnacwed]

That complaint was ill-advised. The apartment manager can't override state law, so regardless of any permission s/he gave, it was the operator of the vehicle who was violating the law.

The handicapped person who was in that spot and kicked out, called the cops themselves and pointed out what you are talking about and the police refused to do anything to the operator of the vehicle. Including any fines or tickets and the such.

 

[Zigner]

The handicapped person who was in that spot and kicked out, called the cops themselves and pointed out what you are talking about and the police refused to do anything to the operator of the vehicle. Including any fines or tickets and the such.

These things happen...

 

[army judge]

Murder is illegal.

Child abuse and sexual battery are illegal.

Unfortunately, there are uncivilized, uncouth, Savage beasts among us.

Those miscreants break our laws everyday.

All a law abiding citizen can do in most cases is minimize contacts with those savages, in an effort to eliminate or ameliorate the damage they create.