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Land Use Controls RegulationsPrivate_restrictionsHARD

Mrs. Alvarez has a mobility impairment and lives in a condominium with unassigned first-come parking. Her doctor documents that walking long distances from the far end of the lot is difficult. She asks the association to reserve one nearby space for her unit as an exception to the general parking rule. What should the association evaluate first?

Correct Answer

A) Whether a reasonable accommodation to the parking rule is necessary for equal use and enjoyment of the dwelling

The Fair Housing Act can require reasonable accommodations in rules, policies, practices, or services when they are necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling. An association should therefore analyze the accommodation request under that standard rather than treating the general rule as absolute.

Answer Options
A
Whether a reasonable accommodation to the parking rule is necessary for equal use and enjoyment of the dwelling
B
Whether the local zoning board must rewrite the subdivision plat before any parking change can occur
C
Whether the request should be denied because no owner may ever receive treatment different from other owners
D
Whether the seller who originally conveyed the unit promised in writing that parking would remain unassigned forever

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Related Topics & Key Terms

Key Terms:

reasonable_accommodationdisabilityparking_ruleshoa_rulesfair_housing_act
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