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Landlord required to provide disabled parking? - Landlord Forum thread 203033







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Landlord required to provide disabled parking? by Jeff (Oregon) on June 15, 2010 @23:18

                              
I lease a small commercial building for my business. I share a parking lot with some other businesses the same landlord leases out. I have recently read the ADA parking requirements, and I believe our lot is required to have at least 1 "van accessible" disabled parking space, as we currently have none.

The landlord is not going to like this. Then again, the law is the law. The landlord has given us all a certain number of parking spaces; however, refuses to lease "outside space", there fore I do not "pay" for my parking lot but it is included in my lease.

The issue is there are no extra places to add a disabled spot. The only way to do this would be to take away spaces that have already been granted to other tenants under their lease. The lot is full as it is.

My question is, is the landlord required to provide a disabled space for my business and the others? Can the landlord try and charge me extra for this, even though she refuses to lease "outdoor space"?

Basically the way I see it is that it's just a common parking lot, and every tenant there, whether they want it or not, is required to have at least 1 disabled spot. (shared between us) Since the landlord provides the parking, is this the landlord's responsibility entirely?

Recently the LL restriped the parking lot, basically the ADA guidelines say if you do that, you MUST include at least 1 disabled space.

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Re: Landlord required to provide disabled parking? by OK-LL on June 16, 2010 @09:26 [ Reply ]
Why is this agitating you? Does the ADA say this is the LL's responsibility or the tenant business's responsibility? I suspect it is the tenants, since different uses requires different accommodation. I'd let it alone.
Re: Landlord required to provide disabled parking? by MrDan (Georgia) on June 16, 2010 @10:40 [ Reply ]
ADA standards for accessible parking (4.1.2(5)) states when a business restripes it's parking spaces, this is an alteration and triggers the requirement to provide accessible parking spaces. (1)One out of 25 spaces must be a Disable Parking Space and at least one space must be Van accessible. If the Parking Lot is open to the Public or the Landlord controls the parking, it is the landlord's responsibility to provide the correct amount of spaces. This is both a requirement of Federal and State Laws. It's cheaper to follow the Law than to face a dicrimination lawsuit.I'm surprise that the restriping company did not include Disable Parking, as they they are held to the same penalties as the Landlord can face. It would be a great idea to provide Disable Parking as 20% of the population is Elderly or Disabled.
Re: Landlord required to provide disabled parking? by Anonymous on June 17, 2010 @09:21 [ Reply ]
The landlord may be able to put the disabled parking space in front of your business entrance. Talk to the landlord and suggest this. Depends on the curbs, though. You can offer your assigned space for the handicapped parking space as well.....
Having a handicapped parking space is good for business.

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