disabledinnj
06-08-2009, 07:17 PM
I live in an apartment complex. There are no assigned parking spaces and they are on a first come, first served basis. I had asked several times for an assigned parking space because I have mobility issues due to a disability and that I'm sometimes forced to walk 1 or 2 blocks from where I end up having to park, to my apartment.
Last year, I filed a complaint with the NJ Div. of Civil Rights alleging that my landlord failed to accommodate my request for accommodation. They mediating a settlement with my landlord and we both signed a settlement agreement wherein they agreed to create an assigned parking space "closest to my apartment" by May 15, 2008. Well, they didn't do anything until Mar. 2009! I tried for months to get the NJDCR to do something but they didn't. It was several letters to my landlord's attorney and threatening legal action that got results. The lawyer clearly doesn't understand the Fair Housing Act.
Anyway, the reason for my post is that the space that they eventually created and put my name on is:
1. NOT the closest space to may apartment. What they now claim is that they happened to create a handicapped parking space near my apartment, and then assigned me the nearest handicapped space to my apartment. This is not what the law says, nor what I believe the settlement says.
2. The space they created is the ONLY space on the block, possibly even the entire complex, that is underneath a very large tree. In the spring and summer, I'm having to clean my car daily because of the bird poop on it. In the winter, any car parked there gets more snow on it because the snow falls off the tree onto the car. That space was always the last one taken because of these things. I feel that the space was deliberately chosen to fulfill my request because it is the least desirable space in the complex.
So, my question is do I have legal case against them for breach of contract (the settlement) and/or retaliation? I've tried contacting the NJDCR and HUD's Fair Housing Complaints office, and after two months, and several repeat calls, no one has contacted me back to discuss this.
Last year, I filed a complaint with the NJ Div. of Civil Rights alleging that my landlord failed to accommodate my request for accommodation. They mediating a settlement with my landlord and we both signed a settlement agreement wherein they agreed to create an assigned parking space "closest to my apartment" by May 15, 2008. Well, they didn't do anything until Mar. 2009! I tried for months to get the NJDCR to do something but they didn't. It was several letters to my landlord's attorney and threatening legal action that got results. The lawyer clearly doesn't understand the Fair Housing Act.
Anyway, the reason for my post is that the space that they eventually created and put my name on is:
1. NOT the closest space to may apartment. What they now claim is that they happened to create a handicapped parking space near my apartment, and then assigned me the nearest handicapped space to my apartment. This is not what the law says, nor what I believe the settlement says.
2. The space they created is the ONLY space on the block, possibly even the entire complex, that is underneath a very large tree. In the spring and summer, I'm having to clean my car daily because of the bird poop on it. In the winter, any car parked there gets more snow on it because the snow falls off the tree onto the car. That space was always the last one taken because of these things. I feel that the space was deliberately chosen to fulfill my request because it is the least desirable space in the complex.
So, my question is do I have legal case against them for breach of contract (the settlement) and/or retaliation? I've tried contacting the NJDCR and HUD's Fair Housing Complaints office, and after two months, and several repeat calls, no one has contacted me back to discuss this.