24 C.F.R. § 100.204 - Reasonable accommodations.
(a) It shall be unlawful for any person to refuse to make reasonable
accommodations in rules, policies, practices, or services, when
such accommodations may be necessary to afford a handicapped person
equal opportunity to use and enjoy a dwelling unit, including
public and common use areas.
(b) The application of this section may be illustrated by the
Example (1): A blind applicant for rental housing wants live
in a dwelling unit with a seeing eye dog. The building has a no
pets policy. It is a violation of Sec. 100.204 for the owner or
manager of the apartment complex to refuse to permit the applicant
to live in the apartment with a seeing eye dog because, without
the seeing eye dog, the blind person will not have an equal opportunity
to use and enjoy a
Example (2): Progress Gardens is a 300 unit apartment complex
with 450 parking spaces which are available to tenants and guests
of Progress Gardens on a first come first served basis. John applies
for housing in Progress Gardens. John is mobility impaired and
is unable to walk more than a short distance and therefore requests
that a parking space near his unit be reserved for him so he will
not have to walk very far to get to his apartment. It is a violation
of Sec. 100.204 for the owner or manager of Progress Gardens to
refuse to make this accommodation. Without a reserved space, John
might be unable to live in Progress Gardens at all or, when he
has to park in a space far from his unit, might have great difficulty
getting from his car to his apartment unit. The accommodation
therefore is necessary to afford John an equal opportunity to
use and enjoy a dwelling. The accommodation is reasonable because
it is feasible and practical under the circumstances.
v. Cadman Towers, Inc., 51 F.3d 328 (2d Cir. 1995).
- An apartment tenant with multiple sclerosis seeked a preliminary
injunction to require her landlord reasonably to accommodate her
by relaxing its "first-come, first-served" policy and
immediately grant her a parking space in the building's garage
- The use and enjoyment of a parking space cannot be considered
in isolation from the tenant's ability to use and enjoy her dwelling
place, a right specifically protected by the Fair Housing Act.
Jankowski Lee & Associates v. Cisneros, 91 F.3d 891
(7th Cir. 1996).
- A tenant brought a Fair Housing Act claim alleging that the
defendants failed to reasonably accommodate him with respect to
their parking policies The defendants violated FHA when it failed
to assess the tenant's disability before denying his request.
Condominium Ass’n v. HUD, 620 F.3d 62 (1st
- Condo owner requested two exclusive parking spaces near his
condo due to his disability. The condo complex only has unallocated
- A rational person could logically infer that the requested
parking space accommodation was both reasonable and necessary
to allow the complainants equal use and enjoyment of their residence.
- Condo board insisted that the complainant needed to bring the
matter for a full vote of the condominium owners, but didn't. Court
ruled the complainants had no obligation to undertake a futile
act in order to vindicate their federally guaranteed rights.
- Condo board also insisted that Puerto Rico law requires the
unanimous consent of the condo owners to transfer common space
area. The court rejected this argument because the Fair Housing
Act trumped local law.
Trovato v. City of Manchester, N.H., 992 F. Supp. 493 (D.N.H.
- The city had failed to provide reasonable accommodation under
the FHAA by denying a zoning variance, requested by individuals
with disabilities who wanted permission to build accessible parking
space in front of their home. The individuals had demonstrated
that given their disabilities they would derive great benefit
from the parking space and the lack thereof would adversely affect
their use and enjoyment of their home.
- The request was reasonable where it was the most simple and
least expensive option for the individuals and the city had not
- the parking space would disrupt the character of the neighborhood;
- the city would suffer any financial or other administrative
- the city did not suggest any other reasonable alternative