Florida Department of Highway Safety and Motor Vehicles is the state government agency that administers the accessible parking placard and license plate program in the state of Florida.
Parking as an ADA Title I Reasonable Accommodation
Do employers have to provide parking as an accommodation? Parking is considered a benefit of employment. If an employer provides parking for employees in general, the employer must provide accommodations so employees with disabilities have equal access to the parking. Examples of accommodations employers might need to consider include a reserved parking space in the employee parking lot, a wheelchair accessible parking space, an office close to an exit, or work from home where parking needs cannot be met. Employers do not have to allow employees to park in parking lots the employee is otherwise not entitled to park in, such as a visitor parking lot or a parking lot reserved for upper management.
Accessible Parking and Housing
Federal Fair Housing regulations (24 C.F.R. § 100.204) make it unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit, including public and common use areas. This includes parking. The following example illustrates this provision:
Example: Progress Gardens is a 300 unit apartment complex with 450 parking spaces which are available to tenants and guests of Progress Gardens on a first come, first served basis. John applies for housing in Progress Gardens. John is mobility impaired and is unable to walk more than a short distance and therefore requests that a parking space near his unit be reserved for him so he will not have to walk very far to get to his apartment. It is a violation of Sec. 100.204 for the owner or manager of Progress Gardens to refuse to make this accommodation. Without a reserved space, John might be unable to live in Progress Gardens at all or, when he has to park in a space far from his unit, might have great difficulty getting from his car to his apartment unit. The accommodation therefore is necessary to afford John an equal opportunity to use and enjoy a dwelling. The accommodation is reasonable because it is feasible and practical under the circumstances. |