August 2021 Coach's Quiz

Now that we’ve explained the seven rules to follow to meet your FHA duty to provide reasonable parking accommodations to disabled applicants and tenants, let’s see how well you learned the material. Take the Coach’s Quiz below to see if you can apply the rules to real-life situations. Each question has one and only one correct answer. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

Arlene, a resident with a mobility disorder, asks you to reserve her the parking space that’s closest to the building entrance. But the space she wants is already reserved for Jake, another resident with disabilities. She says she’s much more impaired than Jake and demands the closest space. What should you do?  

a.            Give Arlene the space because she needs it more than Jake.

b.            Deny the request because the accommodation isn’t reasonable.

c.             Try to work out a resolution that doesn’t require you to force out Jake.

QUESTION #2

A tenant asks you to post a sign to indicate that nobody else can park in the space you’ve reserved to accommodate his disability. What should the sign say?   

a.            “Disability Reserved Parking”

b.            “Reserved Parking”

c.             “Disability Parking Reserved for Exclusive Use of [Tenant’s Name and Unit Number]”

d.            You shouldn’t post a sign at all

QUESTION #3

Several months after moving into your community, a tenant tells you that she’s disabled and asks you to reserve her an accessible parking space near her unit. You may deny the request because she didn’t ask for the space when she first moved in. True or false?

a.            True

b.            False

QUESTION #4

A tenant who needs a cane to walk requests a reserved parking space near his apartment to accommodate his disability. Which, if any, of the following information can you require him to provide?  

a.            Documentation of the medical reason for his mobility impairment

b.            A note from a doctor or medical professional explaining why he needs a reserved parking space near his apartment

c.             Both a. and b.

d.            Neither a. nor b.

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: c

Reason: Rules #4 and #5 apply here:

Rule #4: Determine If Requested Accommodation Is Reasonable

Rule #5: Offer Alternatives to Unreasonable Accommodations

Requests for an accommodation aren’t reasonable if they cause harm to others. Giving in to Arlene’s demands would compel you to take the space away from Jake, who needs it as a reasonable accommodation for his own disability. However, flatly denying Arlene’s request is inadvisable, and in some jurisdictions illegal, without first exploring alternative accommodations. One possibility is to approach Jake and see if he’d be open to giving up the space and accepting a substitute. Or, perhaps you can offer Arlene a space only slightly further away. So, c. is the right answer.

Wrong answers explained:

a.            The reason a. is wrong is that you should generally grant requests in the order received and avoid any discussion about who’s more disabled than someone else. Moreover, Arlene’s request isn’t reasonable since it would force you to take adverse action against Jake.

b.            This choice is wrong because while Arlene’s request is unreasonable, denying the request at this point would be premature. Instead, you should continue the accommodations process by engaging Arlene in a discussion about alternatives that would serve her needs without forcing you to harm Jake or any other person. 

QUESTION #2

Correct answer: b

Reason: Rule #7 applies here:

Rule #7: Keep Requestor’s Personal Information Confidential

You should put up a sign marking the space “Reserved,” but it shouldn’t say anything about disability or identify the resident or his unit number since this is privacy-protected information that you generally can’t disclose except in narrow circumstances (such as when disclosure is required by law). Thus, b. is the right answer.  

Wrong answers explained:

a.            The reason a. is wrong is that all you need to say to accomplish the purpose of posting the sign—that is, to keep others from parking in the space—is that the space is reserved. You don’t have to say why it’s reserved.

c.             This choice is wrong because a “disability” reserved sign that lists the tenant’s name and/or unit number essentially discloses the fact that the tenant is disabled, in violation of privacy laws.

d.            This answer doesn’t work because posting a sign to indicate that the space is reserved is often necessary to keep others out and ensure the disabled tenant has access to the space at all times; the problems arise when you include personal information about the tenant or disability in the sign posting.

QUESTION #3

Correct answer: b

Reason: Rule #2 applies here:

Rule #2: Don’t Reject Accommodations Because of How or When They’re Requested

The FHA doesn’t require that a reasonable accommodation request be made in any particular way or at any particular time. So, while it might have been easier had she done it when first moving in, it doesn’t matter that the tenant requested the parking accommodation several months into her tenancy. Of course, the fact that the accommodation request is valid doesn’t necessarily mean that you must grant it; but it does mean that you must evaluate it as you would any other request for a reasonable accommodation.  

QUESTION #4

Correct answer: d

Reason: Rule #3 applies here:

Rule #3: Properly Verify the Requestor’s Disability and Need for the Accommodation

Upon receiving a request for a disability-related parking accommodation, you’re entitled to ask for information necessary to verify that the requestor meets the FHA definition of “disabled” and explain how the requested accommodation is necessary for that disability. However, if it’s readily apparent that the requestor is disabled and why he needs the accommodation, you can’t ask for any further information about the disability or need for accommodation. So, d. is the right answer.

Wrong answers explained:

a.            The reason a. is wrong is that it’s readily apparent that the requestor is mobility-impaired, which counts as a disability under the FHA.

b.            This answer is wrong because you’re not allowed to ask doctors and others for an explanation of why the requested accommodation is needed for the disability when that information is obvious. Such is the case when a person with a mobility impairment requests a reserved parking space near his apartment.