How to Get a Handicap Parking Space in Front of My House or Mom's

A handicap parking space reserved for your parent comes from whoever owns the curb or the lot where she lives. To get a space in front of a house on a public street, call the city or town and ask, "Can you sign a reserved spot in front of my mother's house?" In an apartment, condo or senior building with its own parking, ask the housing provider for a reserved space under the Fair Housing Act; the regulation from the U.S. Department of Housing and Urban Development (HUD) uses exactly that request as its example.1

In This Guide

• Which Route Does Your Parent Have?
• If She Lives in an Apartment, Condo or Senior Building: Ask the Housing Provider
• How to Request a Reserved Handicap Parking Space
• What the Building Can Ask For
• A Ramp or Other Change Is a Different Request
• A Handicap Parking Space in Front of Her House: Ask the City or Town
• What the Space Does and Doesn't Do
• If the Answer Is No, or Nobody Answers
• Frequently Asked Questions

Which Route Does Your Parent Have?

Start with the placard. A disability parking placard comes from your parent's state and is what lets her use the accessible spaces already marked in parking lots and on streets; our placard guide walks through who signs the form and where to apply. A space of her own is a separate request, and where you send it depends on who controls the parking she uses every day:

• Building with its own parking: She rents, or lives in an apartment, condo or senior apartment building with its own lot or garage. The parking belongs to the property, so the request goes to the housing provider: the landlord, owner or management office that sets the parking rules.
• House on a public street: The curb belongs to the local government, so the request goes to the city, town, borough or township.
• Nursing home or assisted living: This guide doesn't cover that situation. Ask the facility directly how it handles parking near the entrance.

If you're not sure who controls a lot, the lease, the building's parking rules or a call to the management office will usually tell you.

If She Lives in an Apartment, Condo or Senior Building: Ask the Housing Provider

The rule that applies here is a federal one. HUD's regulation under the Fair Housing Act, 24 CFR 100.204, makes it unlawful for any person to refuse reasonable accommodations in rules, policies, practices or services when they may be necessary to give a person with a disability an equal opportunity to use and enjoy a dwelling, including its public and common use areas. The regulation's own example is about parking.1

In HUD's example, an apartment complex hands out parking on a first come, first served basis. A tenant who is mobility impaired and can't walk more than a short distance asks for a space near his unit to be reserved for him. The regulation says it is a violation for the owner or manager to refuse, because the space is necessary to give him an equal opportunity to use and enjoy his home, and it is reasonable because it is feasible and practical under the circumstances.1

Those two ideas, necessary and reasonable, are the heart of the request. Necessary means the space is tied to her disability: she can't manage the walk from wherever a spot happens to be open. Reasonable, in HUD's example, means feasible and practical for that property. A request framed around both is the one the regulation describes.

HUD and the Justice Department add what has happened when these requests reached court. In their joint statement on reasonable modifications, HUD and the Justice Department say courts have treated a request for a parking space because of a physical disability as a request for a reasonable accommodation, and have placed the responsibility for providing the space on the housing provider even when it costs the provider something. Courts have required a provider to assign a space even though it had a policy of not assigning spaces, or had a waiting list. HUD and the Justice Department also say housing providers may not require people with disabilities to pay extra fees as a condition of receiving accessible parking spaces.1

None of this makes the space automatic. A reserved space is still a request, and the building gets to consider it. But a building that says "we don't assign spaces" or "there's a waiting list" is describing exactly the kind of policy the regulation and those court cases are about.

How to Request a Reserved Handicap Parking Space

HUD and the Justice Department's 2004 joint statement on reasonable accommodations is the plainest guide to asking. Your parent isn't entitled to an accommodation she hasn't asked for, so the request has to be made, but the Fair Housing Act doesn't require any particular form or timing. Here's what the joint statement says about how it works:2

• You can ask for her. The person with the disability doesn't have to make the request personally; a family member or someone else acting on her behalf can.
• Out loud or in writing both count, though the joint statement says writing is usually helpful for both sides.
• There are no magic words. The request doesn't need to mention the Act or use the phrase "reasonable accommodation." It does need to be clear enough that a reasonable person would understand it as asking for a change to a rule or practice because of a disability.
• The building's own form isn't required. Housing providers must give appropriate consideration to a request even if it's made orally or doesn't use their preferred forms or procedures.
• The housing provider has to respond promptly; If the Answer Is No, or Nobody Answers covers what a long silence means.2

Writing it down gives you a dated record, which matters if you ever need to show when you asked. A short letter or email is enough.

What the Building Can Ask For

When a disability isn't obvious, the building may want some proof. The joint statement says a housing provider may request reliable disability-related information that is necessary to verify the person meets the Act's definition of disability, describes the accommodation she needs, and shows the relationship between her disability and that need. The HUD and Justice Department joint statement also says that in most cases, medical records or detailed information about the nature of the disability are not necessary to verify a reasonable accommodation request.2

So a short note that connects her limitation to the walk from the lot is the kind of information the joint statement describes. You don't need to hand over a diagnosis or her chart.

One rule you may see quoted belongs to a narrower setting. HUD's guidebook for the Housing Choice Voucher Program says a housing agency may not request any additional information when both the disability and the need for the accommodation are obvious or otherwise known. The no-additional-information rule is written for housing agencies running the voucher program, so don't present it to a private landlord as if it were the general standard.2

A Ramp or Other Change Is a Different Request

A reserved space is a change in the building's rules. A ramp or other construction is a physical change, which the law treats as a reasonable modification: under 24 CFR 100.203, the housing provider must permit reasonable modifications a renter with a disability needs, but at the renter's expense.5 Subsidized housing works differently: HUD and the Justice Department say that in housing receiving federal financial assistance, regulations implementing Section 504 of the Rehabilitation Act treat structural changes a resident with a disability needs as reasonable accommodations the provider generally pays for.5 Our guides to a renter's right to make accessibility modifications and paying for home modifications cover both in full.

A Handicap Parking Space in Front of Her House: Ask the City or Town

A reserved space on a public street is a matter for local government. The one state rule we've verified is Pennsylvania's, so here's how it works there.

Under Pennsylvania law, 75 Pa.C.S. section 3354, when a person with a disability asks, local authorities may put up signs on the street as close as possible to the person's residence. The signs say the place is reserved for a person with a disability, that no one else may park there, and that anyone parking there without authorization is subject to a fine and may be towed. A car can be towed from the space only if the sign says violators may be towed. Local authorities may also limit the space to a specific vehicle, license plate or other designation, and may charge a reasonable fee for doing that.3

In Pennsylvania, the state motor vehicle agency isn't where you start. PennDOT says in its placard FAQs that it does not authorize these parking spaces and that you must contact the local municipality.3

Outside Pennsylvania, we haven't verified any other state's or city's rule, so call your parent's city or town, ask for the office that handles traffic signs or parking, and ask:

• Do you sign reserved disability parking spaces in front of a residence?
• What do you need from us, and is there a form?
• Is there a fee, and does it renew?
• Who can park in the space once it's signed: any vehicle with a placard, or only my parent's vehicle?
• Will the sign say that violators may be towed?

What the Space Does and Doesn't Do

The placard rules still apply once she has a reserved space, and those rules follow your parent, not the car. New York, Michigan, Texas and North Carolina all tie use of a disability placard or plate to the person it was issued to being in the vehicle. New York says misuse can lead the state to revoke the plates or permit or deny renewal, and Texas says using a placard without the person in the vehicle violates state law.6 So plan on the placard coming along only when your parent does.

Whether a signed street space can be held for one particular car depends on local rules. Pennsylvania lets local authorities limit a reserved space to a specific vehicle or license plate, for a reasonable fee.3 A vehicle-specific space is a Pennsylvania option; elsewhere, ask the town whether it offers one.

If the Answer Is No, or Nobody Answers

If the housing provider refuses, or lets the request sit, you can turn to HUD. HUD's complaint rule, 24 CFR 103.35, says you must notify HUD within one year, and if there's more than one act of discrimination or the discrimination is continuing, HUD must receive the information within one year of the last incident. HUD and the Justice Department say that if a complaint is filed, HUD will investigate it at no cost to the person with a disability.4 HUD's Office of Fair Housing and Equal Opportunity intake page explains how to report.2

A building that never answers isn't off the hook either: the joint statement says an undue delay in responding may be deemed a failure to provide a reasonable accommodation.2

There's also a court route. Under 42 U.S.C. 3613, a person can bring a civil action in federal or state court within two years of the discriminatory practice or its end, and that period doesn't count time while a HUD administrative proceeding on the same practice was pending. A lawsuit can be filed whether or not a HUD complaint was filed, with limits if your parent agreed to a conciliation agreement or an administrative hearing has begun.4 If you're weighing that route, a fair housing attorney can tell you how it applies to her situation.

For a street space, a town's answer is governed by local rules, so the next step is to ask the town how to appeal or who reviews the decision.

Learn More

Find personalized help wording a reserved parking request to your parent's building at brevy.com.

The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.