Ensuring Accessible Living for David and Michael
September 12, 2024
“David” and his father “Michael” both had mobility challenges – Michael had back and knee issues, and David had limited use of his legs. They chose to move into a new apartment after determining that it would accommodate their needs because it had enough room to accommodate David’s wheelchair, a dedicated underground parking space, and an elevator. Shortly after moving into their new home, however, they faced cruel challenges.
With DMV disabled parking placards, David and Michael were both entitled to use the building’s designated Disabled Parking spot, which was close to the elevator. However, the management in their new building assigned them to non-disabled parking spaces, which meant that David could not get in and out of his car if someone was parked next to him, and then he had to navigate his wheelchair through the parking lot to reach the elevator. Moreover, the designated Disabled Parking spot was often occupied by the building management’s employees, who were not disabled. The situation escalated in 2024 when the building management started threatening to tow David’s car when he parked in the designated Disabled spot and David’s pleas to allow him to park there were ignored.
In addition to the parking issues, David and Michael were hit with unforeseen medical expenses as a result of several surgeries, including the amputation of one of David’s legs. They received no response from the landlord to their request for additional time to pay their rent but instead were served with an eviction notice. They turned to ALRP for help.
Staff Attorney Kai Shintani and Provisionally Licensed Lawyer Brittany Howze jumped into action, helping David and Michael negotiate a reasonable deal with their landlord. At the last minute, however, the landlord changed his mind and backed out of the deal. Working closely with Legal Assistance for the Elderly, Kai informed the landlord that they were ready to go to trial if the landlord would not agree to the original agreement. Finally, on the day of the trial, Kai successfully settled the case with a move-out agreement that waived over $20,000 in back rent, and guaranteed that David and Michael would have access to a Disabled Parking spot until their move out date. David and Michael were able to successfully move out and they have secured new housing!