Parking Rights for Disabled Tenants in South Carolina

Finding accessible parking is an essential need for many renters with disabilities in South Carolina. As a renter, you have the right to request reasonable parking accommodations under state and federal law. This guide clarifies your rights, the process to request accommodations, and where to turn for help if issues arise.

Understanding Your Parking Accommodation Rights

Both the Americans with Disabilities Act (ADA) and the federal Fair Housing Act require landlords to provide reasonable accommodations for renters with disabilities. In South Carolina, additional protections exist under the South Carolina Residential Landlord and Tenant Act.

• Landlords may need to create or designate accessible parking spots if requested by a tenant with a disability
• You are not required to pay extra for a reasonable accommodation
• Landlords must engage in an interactive process to discuss your needs, but may deny requests that cause them undue financial or administrative burden

Landlords cannot refuse to rent or treat you differently because of your disability or need for a reserved spot.

How to Request a Parking Accommodation

If you need an accessible spot or a reserved disabled parking space close to your unit, you have the right to make a formal request to your landlord. It is best to do this in writing for documentation purposes.

• Explain your disability-related need for the parking accommodation
• Include any relevant supporting documentation (such as a doctor’s note or disability parking placard)
• Clearly state the accommodation you are requesting (e.g., a reserved spot near your unit)

Once you have submitted your request, your landlord must respond promptly and in good faith.

Relevant Official Form

• Reasonable Accommodation Request Form (HUD Form 90100-1)

This form helps you officially request a parking accommodation. For example, if you use a wheelchair and need a spot closest to your building entrance, you would complete this form and submit it to your landlord. Access the official form and guidance at the HUD Reasonable Accommodation Information.

What to Do If Your Request Is Denied

If your landlord refuses, delays, or does not respond to your request for reasonable parking accommodations, you still have options. Start by communicating again in writing. You can also escalate the issue:

• Contact the South Carolina Residential Landlord and Tenant Act enforcement body (see “Resources” below)
• File a fair housing complaint with the U.S. Department of Housing and Urban Development (HUD)
• Reach out to your local fair housing office for mediation or legal advice

It's important to keep records of all communications with your landlord about your accommodation request.

Key Legislation Protecting Tenants With Disabilities

• Americans with Disabilities Act (ADA)
• Federal Fair Housing Act
• South Carolina Residential Landlord and Tenant Act

Frequently Asked Questions

1. Can my landlord charge me extra for accessible parking?
   No, landlords cannot charge a higher rent or extra fee for a reasonable parking accommodation related to a disability.
2. Do I need to provide proof of my disability to get an accessible parking spot?
   You may be asked for documentation that shows you have a disability-related need, such as a doctor’s letter or disability parking placard.
3. What if there is no accessible parking available at my building?
   Your landlord must make a reasonable effort to accommodate your request, which might include creating or designating an accessible space, unless doing so poses an undue hardship.
4. Who enforces renters’ rights in South Carolina?
   The South Carolina Human Affairs Commission investigates complaints of housing discrimination. You can also contact HUD for federal issues.
5. Can my landlord refuse my parking request?
   Your landlord can only refuse your request if granting it would create an undue financial or administrative hardship, and they must explain this decision in writing.

Conclusion: Key Takeaways for Renters

• Renters in South Carolina with disabilities are protected by state and federal law when requesting parking accommodations
• Make all accommodation requests in writing and keep a record of communications
• Resources and government agencies are available if you need to escalate your concern

Need Help? Resources for Renters

• South Carolina Human Affairs Commission – Fair Housing (state tribunal for housing discrimination)
• HUD Office of Fair Housing and Equal Opportunity – National support and complaint filing
• South Carolina Residential Landlord and Tenant Act – Official legislation details

---

1. South Carolina Residential Landlord and Tenant Act
2. Americans with Disabilities Act (ADA)
3. Federal Fair Housing Act
4. South Carolina Human Affairs Commission – Fair Housing
5. HUD Reasonable Accommodation Guidance & Forms

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations