Fair Housing Board v. Windsor Plaza Condominium Association
Supreme Court of Virginia
768 S.E.2d 79 (2014)
The Windsor Plaza Condominium Association (defendant) deeded each garage parking space to individual apartment owners. Michael Fishel, after buying an apartment, found he couldn't maneuver his wheelchair in his assigned space and asked the board to accommodate him. The board explained it had no control over the individually owned handicapped-accessible spaces, but arranged for one owner to voluntarily let Fishel use his space; Fishel rejected that because it didn't give him permanent ownership. He then proposed converting the garage's bike-storage area into accessible parking, which the board declined as too costly a physical change. The Fair Housing Board (FHB) (plaintiff) sued on Fishel's behalf, and the trial court dismissed the case.
Whether federal and state fair-housing statutes require a housing provider to make an accommodation for a disabled resident that requires more than cosmetic physical modifications or exceeds the provider's actual control over the property.