Disability Parking Rights for Massachusetts Renters

Renters with disabilities in Massachusetts have important rights to accessible and reserved parking at their rental housing. If you or a household member has a mobility impairment, understanding your parking accommodation rights can make daily life much easier. This guide explains what Massachusetts law requires, how to request a parking accommodation, necessary forms, and where to seek help if challenges arise.

Your Right to Accessible Parking in Massachusetts Rentals

Massachusetts and federal laws protect renters with disabilities from discrimination. Landlords must provide reasonable accommodations to ensure equal housing opportunities. A reasonable accommodation may include assigning a reserved accessible parking space close to your unit.

• What is a reasonable accommodation? – An adjustment to rules or property that helps a person with a disability use and enjoy their home.
• Does this apply to parking? – Yes, landlords must provide or adjust parking to accommodate tenants with disabilities, per the Massachusetts Fair Housing Law and the federal Fair Housing Act.
• Are all landlords covered? – Most rental properties, including multi-family dwellings, must comply. There may be narrow exceptions for certain owner-occupied buildings with two units or less.

What Kinds of Parking Accommodations Can Renters Request?

• Reserved parking spots close to building entrances
• Marking an accessible parking spot if none exists
• Adjusting parking rules to allow for accessible vehicles
• Permission to park in otherwise restricted areas if needed for accessibility

Landlords usually can't charge you extra for a reasonable accommodation.

How to Request a Parking Accommodation

To start, you should make your request in writing to your landlord or property manager. Clearly state your need and mention your disability-related reasons. You do not need to disclose your diagnosis, only your need for accommodation.

1. Write a dated letter or email requesting a parking accommodation.
2. Attach proof of your disability-related need, such as a copy of your Massachusetts Disability Parking Placard. You can learn more about applying for a placard from the Massachusetts Registry of Motor Vehicles (RMV).
3. Give the landlord a reasonable time (often up to 10 days) to respond.

Official Forms for Massachusetts Disability Parking

• Application for Disability Parking Placard/Plate (RMV Form MAB100)
  Use if you need a new state placard or plate. Download it and review requirements at the official Application for Disability Parking Placard/Plate (RMV Form MAB100) page. For example, Rita, who uses a wheelchair, provides her placard when requesting a reserved spot at her apartment.

If Your Landlord Refuses or Ignores Your Request

If your landlord denies your request for an accessible parking spot or fails to respond, you may file a discrimination complaint. Massachusetts tenants can seek help from the Massachusetts Commission Against Discrimination (MCAD), which handles housing discrimination cases.

The MCAD offers a online complaint process and step-by-step instructions. You can also learn more from the Office of Public Counsel. Alternatively, you may also get help through municipal fair housing agencies.

Key Legislation Protecting Disability Parking Rights

• Massachusetts Fair Housing Law (M.G.L. c. 151B)
• Federal Fair Housing Act (42 U.S.C. §§ 3601-3619)
• Americans with Disabilities Act (ADA)

In summary, these laws require housing providers to provide reasonable accommodations like accessible parking, unless doing so creates an undue hardship or fundamentally alters operations.

FAQ About Parking Accommodations for Tenants With Disabilities

1. Can my landlord charge me extra for a disability parking space?
   No, landlords cannot charge an additional fee for granting a reasonable accommodation such as a reserved accessible parking spot.
2. Do I need a Massachusetts disability placard to request an accessible parking space?
   It is helpful, but not always required. You must show a disability-related need. A medical note or placard is strong supporting evidence.
3. What can I do if my landlord ignores my request?
   You can file a discrimination complaint with the Massachusetts Commission Against Discrimination (MCAD) either online or in-person.
4. Is my landlord required to create a new parking space if none exist?
   They may be required to make reasonable efforts (such as designating an existing space), but aren’t always required to create entirely new parking infrastructure.
5. Which agency handles tenant disputes over disability parking in Massachusetts?
   The Massachusetts Commission Against Discrimination (MCAD) investigates disability-based housing discrimination complaints.

Conclusion: Key Takeaways for Renters

• Massachusetts law protects your right to accessible parking as a renter with a disability.
• Request accommodations in writing and include supporting documents if possible.
• If refused, file a complaint with MCAD or seek support from state and local renter resources.

Knowing your rights and the steps to take empowers you to secure the parking accessibility you need at your rental housing.

Need Help? Resources for Renters

• Massachusetts Commission Against Discrimination (MCAD) – File discrimination complaints or get fair housing help.
• Massachusetts RMV – Disability Placards – Get or renew your disability placard or plate.
• State Fair Housing Information – Learn more about renter protections under Massachusetts General Laws c.151B.
• Department of Housing and Community Development – Housing resources and tenant protections.

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1. Massachusetts Fair Housing Law (M.G.L. c. 151B)
2. Massachusetts Disability Parking Placard/Plate (RMV Form MAB100)
3. How to File a Complaint with MCAD
4. Federal Fair Housing Act
5. M.G.L. c. 151B – Massachusetts Fair Housing Law Legislation

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