Reserved Parking for Renters
Q: I would like to have a reserved parking space at the apartment complex where I live because I have difficulty walking long distances due to my disability and the parking lot is first come, first serve. Does the ADA require the apartment complex manager to give me an accessible parking space?
A: If you live in a private apartment complex, then the ADA would typically not apply to parking areas that are provided for residents of the complex. However, the Fair Housing Act (FHA) would apply. The FHA requires that housing managers provide reasonable accommodations for tenants with disabilities. A common example of a reasonable accommodation request in housing relates assigning a person with a disability a reserved parking spot near their unit even though tenant parking is generally on a first come, first served basis.
So while the ADA would not apply in this instance, because none of its titles cover private apartment units, the FHA would apply. A request for this reasonable accommodation can be made under the FHA.