The Law Behind Towings in Handicapped Spots: What Apartment Managers Need to Know

Many apartment managers face the challenge of enforcing parking rules, especially when it comes to handicap spots. Towing a vehicle parked in a handicapped spot can be a sensitive issue, but under the Fair Housing Act, it is legally permissible if certain conditions are met. In this article, we will explore the legalities and practicalities of towing a vehicle in a handicapped spot without a valid permit.

Apartment Manager's Authority

Apartment managers have the authority to enforce parking rules based on the terms of the lease signed by all tenants. This includes the ability to tow a vehicle that is parked in a handicapped spot without the necessary permit. If a car is found to be parked illegally, it can be reported to the police, who will either issue a citation or tow the vehicle if no valid handicapped placard is displayed.

It is advisable for the apartment manager to contact the police to inform them of the situation. By doing so, they can get official documentation of the violation, which is beneficial for record-keeping and possible legal proceedings. Managers should also ensure that the towing process is handled in accordance with company policies and local regulations.

Guests and Handicapped Parking

Under the Fair Housing Act, guests are allowed to use handicapped parking spaces if they have a valid handicapped placard. This means that guests of tenants who are handicapped are covered under this act. However, it is the responsibility of the tenant to inform the apartment management if a guest needs to use the space.

Depending on specific lease agreements, the apartment manager might also have the authority to request a tow if a tenant or guest parks in a handicapped spot without the necessary permit. It is essential for managers to notify tenants about the consequences of parking illegally and ensure that the parking area is compliant with the Americans with Disabilities Act (ADA).

Proper Notice and Communication

To avoid potential disputes and legal issues, it is crucial for apartment managers to communicate clearly with tenants and visitors. They should post notices in strategic locations within the parking area to inform visitors that parking in a handicapped spot without a valid permit will result in a citation and possible towing. Additionally, the notice should specify that handi caps must be displayed in the designated handicapped spots.

Managers should also have a clear understanding of the processes and permissions surrounding towing, including coordination with local towing companies. Regular training and updates on local laws and regulations will ensure that managers can effectively enforce parking rules while maintaining compliance with legal requirements.

Conclusion

Apartment managers have the authority to tow a vehicle found illegally parked in a handicapped spot, as long as they follow the proper legal procedures. By maintaining clear communication, adhering to company policies, and ensuring the parking area meets ADA standards, managers can enforce parking rules effectively and ensure a safe and accessible environment for all residents.