The tenant in a condominium developed MS and began using a walker. He requested the condominium to assign him a handicapped parking space. The condominium, which originally had seven handicapped spaces out of three hundred and forty two, had sold those spaces as “premium parking” to non-handicapped persons who were willing to pay from $15,000 $25,000 extra for the spots. The tenant was required to walk over one hundred feet and climb a flight of stairs to gain access to the premises from a standard parking space. Tenant requested the condominium association to accommodate his disability. They refused, as they had sold all of the handicapped spaces. The Federal district court ruled that the condominium association was required to provide at least 2% of its parking spaces (seven out of 392) for persons with disabilities under the Fair Housing Act. Thus they had to provide the tenant with a handicap spot, even if it meant having to buy it back.
Jafri v. Chandler, 970 F. Supp 2d 852 (N.D. Ill 2013)