Federal Complain Disability Discrimination Housing

redatlanta

New Member
Hello - I am located In Georgia.

Summary: Filed a complaint with FHA for disability discrimination and failure to reasonably accommodate. Our Developer sold the handicapped parking to Residents. My Husband is disabled. When asked to reasonably accommodate and reassign our parking space or even give an outside space in visitor parking. We were denied. My husband developed a diabetic ulcer on his foot and could not get in and out of our parking space with a cane. He was given a temporary space to park in by the property manager and when a HOA Board members recognized my husbands car he had it towed 8 hours after we parked it. We attempted a cure through the City Zoning office, but got little cooperation. They did come out to the property but have never produced a report. Condo built in 2006/244 units. The complaint was filed June, 2014. Accepted by Federal Investigator on September, 2014. We have a great attorney/Firm who took the case pro bono. Their first Federal Complaint of this nature so they too are not familiar with the time of this - though more than fully capable of handling the case and I have great faith in them.

My question is have any of you ever been through this process? It was supposed to be finished in 100 days from acceptance back in September. The Investigator modified the complaint in January to add in Failure of Construction and Design. I believe she is getting ready to modify it again to add in the Master Board next week. We do not hear from her for months at a time. I am happy to add the Master Board in, but we seem to drag out more months after it is served. She has told our atty she has A LOT of cases, and I believe that.

I really am trying to be patient. Between trying to work this out with the HOA Board, trying to get the city to do something, and having filed this my husband has gone 14 months without handicapped parking. Can anyone give me any kind of time frame that we can expect this to wrap up? I am also confused about the conciliation process. It looks like we should be doing it during the investigation, and we would, but the other side is not willing to yet (if ever they have been pretty nasty to deal with). Lets say we get a favorable ruling for our side - will we have a time to conciliate then? Or is that when the ruling comes down, there is no conciliation, and then it goes to ALJ or Federal Court if she finds in our favor?

Thanks so much for your time.
 
Patience is a virtue.

No news can be good news.
 
Are there no handicapped spaces at all? That would seem to be a zoning issue with the municipality where you live. Or does he not have a handicapped tag? If the spaces must be purchased, there is no requirement to grant free spaces because of a disability.
 
Are there no handicapped spaces at all? That would seem to be a zoning issue with the municipality where you live. Or does he not have a handicapped tag? If the spaces must be purchased, there is no requirement to grant free spaces because of a disability.

There were 8 spaces as were required when the building was built via city code when I moved in here. The spaces were not assigned they were for use of disabled residents and/or visitors. I purchased a parking space which was assigned to me. The Developer sold the handicapped spaces to residents in 2009 before he turned over control of the building to the HOA. The spaces were left intact. I was not married at the time so I was unaware until I got married and my husband moved in.

Yes my husband has a handicapped tag, and has since 2007 been legally disabled.

We asked for a reasonable accommodation from the HOA to reassign us a (former) handicapped space, we did not and are not expecting them to "give" us a free space - we already own one. The HOA denied stating the spaces are deeded, its private property, and they have no responsibility to reasonably accommodate because it would be showing us "preferential treatment"

I did try the zoning route. I made 8 trips to the zoning office. I filed two complaints. We were told that if they removed the spaces after receiving the C.O. they would have to put them back in. On my 8th visit when I had a fit in the office they agreed to send out an inspector - and he did come. The last response I had from that office was August, 2014 from a supervisor saying he would send the inspection report as soon as it was turned in. He never did. He stopped responding and refused to see me when I went back down to zoning. They have also not responded to my attorney, and as of last week the Federal Investigator had been waiting 2 month for the report and blueprints. So we got zero from the zoning office......hence we filed a Federal Complaint because every other option had been exhausted.

BTW - the spaces are not deeded that was very easy to debunk. We purchased a percentage ownership in the parking garage equal to one parking space. The spaces are assigned, and the HOA Board could reassign, but have chosen not to. They have been a very, very difficult Board.
 
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