HOA Opts To Do Battle With Government Over Disabled Resident's Claim That Her Three-Wheeled Hand-Controlled Motorcycle Constitutes A "Reasonable Accomodation" Under Federal Fair Housing Act

In Hollywood, Florida, the South Florida South Sentinel reports:

• Had things gone her way, Larraine Best's trike would be parked at her condo right now and she'd be living the relaxed life of a beachfront snowbird.
  
  Instead she's become embroiled in a federal case over a parking space.
  
  Best's fight isn't just another squabble between a retiree and her condo board. This one's being handled by Broward County's attorneys, paid for with public funds.
  
  Broward County civil rights investigators believe the disabled woman's rights were violated by Summit Towers in Hollywood, where management refused to let her park her three-wheeled, hand-controlled motorcycle – what she calls her "trike'' -- in her condo parking space. The condo doesn't allow motorcycles in its garage.

***

• Summit Tower's attorneys, Rachel K. Beige and Ryan Fogg, who couldn't be reached for comment, said in communications to Broward County's human rights officials that Best is just using the disability claim as "an afterthought … to obtain her desire at any cost.''
  
  They said Best hasn't provided medical records to prove she's disabled or that she needs the motorcycle because of a disability. Her request to park the trike, they said, was "neither reasonable, nor necessary.''

***

• County officials, handling the case on behalf of the U.S. Department of Housing and Urban Development, which provides most of the funding, said the federal Fair Housing Act gives Best the right to a "reasonable accommodation'' to the condo rules to allow her an "equal opportunity to use and enjoy'' her home.
  
  In a letter to Broward Equal Opportunity Officer Fay Outten, Summit's attorneys Beige and Fogg wrote in February 2012 that an investigative finding in favor of Best "would be nothing less than a clear abuse of the system and a mockery to the disabled individuals across this state who actual [sic] do suffer from discriminatory acts.''
  
  As a settlement offer, they said she could park her motorcyle at the condo "so long as she does not also park her vehicle on property.''
  
  The county rejected that and will file suit. County commissioners approved the litigation Tuesday.

For the story, see County sues to defend disabled woman's parking rights at Hollywood condo (Condo board sees no reason to exempt her from its ban on motorcycles).