Legal Question in Disability Law in California

I am disabled with disabled plates on my vehicle. I visit my disabled friend at his apartment and usually use the handicapped space, or if not available, regular guest parking. I recently had a minor bumper on bumper scrape with another vehicle in the driveway and the two of us exchanged info and went on our way. My friend received a letter the next day stating that I was not allowed to park my car on the premises due to a"hit and run" accident I had. Clearly, it wasn't hit and run if we exchanged insurance information. I was told I was to park across the 4-lane busy street (w/o pedestrian access or traffic control), or to park a couple of blocks away and walk. Neither of these is possible for me and especially for my friend who is severely physically disabled. My friend relies on me to take him to appts, shopping, doing things around the house, etc. Now I cannot go to his apt, park, go inside and help him or pick him up in fear of retaliation and towing my car. Does the apartment manager have the right to deny me use of the handicapped space? Or the general lot, in order to pick up my friend? Please advise me as best as you can. Thank You. Kenny Carlson


Asked on 10/25/10, 12:13 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Telephone the apartment manager and tell them it was not a hit and run, give them the name of the other driver and tell them to ask if you gave him your information, if it was a hit and run how did the other driver get your name and other information so they could determine you were the other driver?

I assume that when your friend moved in he already had some degree of disability and part of the reason he choose to live there was the easy access to parking, especially that you could come to help him. Eliminating your right to park there without just cause results in their breaching the rentalagreemet with that tenant. it might also violate the traffic code as to disabled drivers, but I do not know about that yet.

Read more
Answered on 10/30/10, 12:31 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California