Accessible Parking Rights for Disabled Tenants in New York

If you are a renter in New York State living with a disability, understanding your rights regarding accessible parking is essential. Federal and state laws work together to provide protections, ensuring that tenants with disabilities can request reasonable parking accommodations from landlords. This article explains what those rights are, details the forms and steps involved, and guides you through getting the support you need.

Parking Accommodations: Legal Protections for Disabled Renters

Both federal Fair Housing Act and the New York State Human Rights Law protect tenants with disabilities. These laws require landlords to provide “reasonable accommodations”—changes or exceptions to rules, policies, or services that enable a person with disabilities to use and enjoy their home.

Parking is a commonly requested accommodation. If you have trouble accessing standard parking spaces or need one closer to your unit, you have the right to formally ask for an accessible parking space or for adjustments to existing parking rules.

Who Qualifies for a Parking Accommodation?

Tenants with physical or mobility disabilities that impact their ability to walk distances or safely access their apartment may qualify. This applies to visible and invisible disabilities. In most cases, you may need to provide documentation from a doctor or a copy of your disability parking permit.

How to Request an Accessible Parking Space

Making a request for a parking accommodation is a protected right. Here’s how you can take action:

• Make your request in writing. Clearly state your need for a reasonable accommodation. For example, request a parking space closer to your entrance or a designated accessible spot.
• Include documentation if required. This can be a copy of your handicap parking permit or a letter from your healthcare provider.
• Send your request to your landlord or property manager. Keep a copy for your records.

Official Forms: Requesting Accommodation

• Reasonable Accommodation Request Form (no universal number in NYS).
  Used when you want to formally ask your landlord for a disability-related adjustment like accessible parking.
  Download the official New York State Guidance and sample forms here.
• Disability Parking Permit Application (MV-664.1).
  Used to apply for a state-recognized permanent or temporary disabled parking permit, needed as documentation for your request.
  Get the MV-664.1 Application from New York DMV.

What Landlords Can and Cannot Do

Landlords must consider and respond to reasonable requests for parking accommodations. They cannot:

• Deny your request without discussing possible solutions.
• Charge fees for granting a reasonable accommodation.
• Retaliate against you for making the request.

However, a landlord can request documentation (such as a parking permit or doctor’s note) if the disability is not obvious. They may also refuse a request only if it would cause “undue hardship,” like eliminating all spaces for other tenants, but must show a legitimate reason for denial.

If Your Request Is Denied

You have options if you believe your accommodation has been unfairly denied:

• Request the reason for denial in writing.
• Contact the Division of Human Rights to file a complaint online, by mail, or in person.
• Consider mediation or seek legal support through state or city agencies.

For more on this process and to file a complaint, visit the New York State Division of Human Rights complaint page.

Understanding the Relevant Legislation and Tribunal

The main laws protecting you are:

• Federal Fair Housing Act
• New York State Human Rights Law: Executive Law, Article 15
• New York Real Property Law

Complaints about disability accommodations are handled by the New York State Division of Human Rights, the official tribunal for housing discrimination cases in New York.

FAQs: Parking Accommodations for Tenants with Disabilities

1. What steps should I take if my landlord ignores my request for an accessible parking space?
   You should follow up in writing and keep copies of all communications. If there is still no response, file a complaint with the New York State Division of Human Rights.
2. Can my landlord charge me extra for an accessible parking space in New York?
   No, landlords cannot charge extra fees for granting a reasonable accommodation, such as a designated accessible parking spot.
3. Do I have to disclose my specific disability to get a parking accommodation?
   No, you only need to show that you have a qualifying disability, usually via a doctor’s note or a state disability parking permit. You do not have to give detailed medical information.
4. Where do I file a complaint if I believe my rights are violated?
   You can file housing discrimination complaints directly through the New York State Division of Human Rights.

Key Takeaways for Renters

• New York law requires landlords to consider reasonable parking accommodations for tenants with disabilities.
• Request accommodations in writing and keep thorough records.
• If denied, you can file a formal complaint with the state’s Division of Human Rights.

Understanding these protections ensures you can advocate for safe, accessible parking that meets your needs.

Need Help? Resources for Renters

• New York State Division of Human Rights – File discrimination complaints or ask about your rights.
• Guidance on Reasonable Accommodation Requests – Official state instructions and sample forms.
• NYC Commission on Human Rights Disability Access Page – Support and guidance for New York City tenants.
• New York State Real Property Law – Full legal framework for tenant protections.
• New York Disabled Parking Permit Application (MV-664.1)

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1. See: Fair Housing Act (U.S. Department of Justice)
2. See: Guidance for Tenants on Requests for Reasonable Accommodation (NY State Division of Human Rights)
3. See: New York Real Property Law
4. File a complaint at NYSDHR Housing Complaints

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