Question: I recently purchased a condominium unit in a complex that has a large number of assigned parking spaces. I advised the Board of Directors that I am handicapped and requested that they assign me a parking space which is near to the entrance of my unit.

However, the Board has advised me that there are no available spaces, and -- with a show of regret -- rejected my request.

I cannot walk a long distance, and it is impossible to get from my assigned space to my unit without assistance. I am also concerned that with inclement weather approaching, the walkway may be slippery and I may be injured.

Is there anything I can do?

Answer: The timing of your question is very appropriate, because on October 20, 2006, the Department of Housing and Urban Development (HUD) filed formal charges against a New Jersey Cooperative based on very similar facts.

In 1968, Congress enacted the Fair Housing Act (officially Title VIII of the Civil Rights Act of 1968. The Act contains many provisions, including the prohibition of discrimination in housing-related transactions based on race, color, national origin, religion, sex, as well as handicap.

According to HUD, if you or someone associated with you has a physical or mental disability, and have a record of that disability (or are regarded as having such a disability), it is prohibited for someone (in your case the Board of Directors) to "refuse to make reasonable accommodations in rules, policies, practices or services, if necessary for the disabled person to use the housing." (Fair Housing -- It's Your Right )

HUD administers the Act. Upon receiving a complaint, it will be fully investigated. The alleged violator will be advised of the complaint and given an opportunity to respond. If HUD determines that a possible violation has occurred, HUD will attempt to reach an amicable resolution with the alleged violator.

However, if no such agreement can be reached (called a "conciliation agreement"), HUD will recommend that the United States Attorney General file suit. And if after a hearing it is determined that discrimination has, in fact, taken place, the violator can be ordered (1) to compensate the complainant for actual damages, including humiliation, pain and suffering, (2) to make the necessary corrections so that you will be able to enjoy your condominium unit, (3) to pay the Federal Government a civil penalty; the maximum penalties are $11,000 for the first violation and $50,000 for a third violation within seven years, and (4) to reimburse the complainant for any legal fees and costs incurred in connection with the hearing.

Based on a complaint by a New Jersey cooperative homeowner, the Secretary of HUD recently filed charges against 2000 Linwood Avenue Owners, Inc. Mr. Dublirer purchased a cooperative apartment in a 449 Cooperative Housing complex. Each unit owner who has a car and a driver's license is assigned one parking space.

Mr. Dublirer is physically disabled and has to use forearm crutches in order to move around. He advised the Board of his disability and requested a handicapped parking space. However, he was advised by the President of the Cooperative that he should "get a motorized scooter or wheelchair to get inside the building."

Because his parking space was far away from his cooperative apartment, Mr. Dublirer fell several times and was required to take physical therapy to correct his injuries. Finally, in desperation, a formal complaint was made to HUD. After a thorough investigation, the Department filed a complaint against the Cooperative.

The complaint also charged the property manager with discrimination. HUD determined that this manager -- who was responsible for assigning parking spaces -- had a favorable space in the cooperative for her own use.

It should be noted that no final decision has yet been made on this case, and the cooperative will be provided a fair trial. The entire complaint can be found on HUD's Fair Housing Act Enforcement Activity website.

What should you do? Document your case. Present proof of your disability to your Board of Directors. Put your request for a more convenient parking pace in writing, and make sure that every member of the Board gets a copy. Send a copy to the management company.

If you are unsuccessful, after giving the Board a reasonable time in which to respond, you should obtain the Housing Discrimination Complaint Form on the HUD website, and either file the complaint on-line or send it to the nearest HUD office. It is to be noted that although HUD encourages you to file your complaint as early as possible, it must be filed within one year after the alleged violation takes place.

Do you also need a ramp to assist you in getting up to your apartment? Although your condominium association must make reasonable accommodations, some types of modifications must be made at your expense. However, some associations may require that you remove the ramp when you sell your apartment.

The Fair Housing Act has a lot of enforcement teeth. It is available to anyone who honestly believes -- and can document -- discrimination.