Jack Feldman’s request to have his around-the-clock caregivers park The Arc’s van in his residential parking lot was refused.
Jack Feldman, a 24-year-old man with significant developmental disabilities (through his guardian Barbara Feldman) and The Arc of Carroll County (“the Arc”) have filed a lawsuit against Park Place Condominium Inc., its Board of Directors, and Cascade Property Management after Defendants refused Mr. Feldman’s request for reasonable accommodation, in violation of the Fair Housing Act. Plaintiffs are represented by managing partner Sharon Krevor-Weisbaum and attorney Lauren DiMartino.
Through The Arc, Mr. Feldman receives around-the-clock support, including in-home assistance and transportation. The Arc provides Mr. Feldman with the use of a commercial van, which is equipped to safely transport Mr. Feldman in a way that does not place him or others in danger as a result of his disability. However, Park Place and Cascade refused to allow The Arc van to be parked in Mr. Feldman’s residential parking lot. Park Place rules and regulations do not generally permit a commercial vehicle to be parked in their lot. Mr. Feldman, through his guardian, requested an exception to Park Place’s parking rule as a reasonable accommodation for his disability and explained why the van is necessary to ensure he is able to enjoy his dwelling in the same manner as his non-disabled neighbors. Park Place and Cascade refused to provide a reasonable accommodation to their rules—offering to allow the van to be parked in the lot only during the day, but this offer does not allow Jack to access his vehicle as needed like other residents. Park Place and Cascade then acted in retaliation in response to Mr. Feldman’s exercise of his right to live in Park Place free of discrimination.
“With the support of his family and The Arc of Carroll County, Jack has found a place to call home with the hopes of living as a part of the community and with dignity in alignment with the principles outlined in Olmstead v. L.C.,” said Lauren DiMartino. “Unfortunately, despite many efforts to confer with the Park Place Condominium Board and Cascade Property Management about Jack’s needs and his rights to reasonable accommodations under the Fair Housing Act, the Defendants have refused to abide by federal law to ensure that people with disabilities can enjoy their homes the same as their non-disabled neighbors. It is disappointing that Park Place is more concerned with the optics of a van being parked in their lot than they are with supporting and respecting the needs of their neighbor.”
“Brown, Goldstein & Levy has always supported and represented individuals with disabilities and the agencies that provide this much needed support,” said Sharon Krevor-Weisbaum. “BGL has a long history of litigating cases involving the Fair Housing Act and once again is proud to take on this case on behalf of our clients.”
The complaint can be downloaded here.
ABOUT SHARON KREVOR-WEISBAUM
Sharon Krevor-Weisbaum takes great pride in her role as Managing Partner of Brown, Goldstein & Levy while continuing her active practice on behalf of a varied client base. Clients and colleagues alike recognize Sharon as a trusted advisor willing to share her extensive experience, knowledge of the law, passion, and sense of justice openly and freely. She strives to develop deep client-lawyer relationships that emphasize the unique voice and needs of each one of her clients. It is this commitment to justice that makes her a passionate and forceful advocate for individuals with disabilities and their families who confront barriers in education, high-stakes testing, employment, housing, and accessing state and federal services and supports. Learn more about Sharon here.
ABOUT LAUREN DIMARTINO
Lauren DiMartino joined Brown, Goldstein & Levy to represent clients across various areas of civil rights law, including fair housing, education and disability rights, police misconduct, and workplace discrimination. Her practice also includes appeals and commercial litigation. She has a robust practice involving the Fair Housing Act, utilizing it to assist individuals and non-profits impacted by discriminatory conduct. Lauren also advocates for organizations that provide supports and services to individuals with disabilities as well as community-based mental health providers—providing advice and counsel on their business needs and the successful provision of their services, negotiating solutions, and litigating where necessary. Learn more about Lauren here.
ABOUT BROWN GOLDSTEIN & LEVY
Founded in 1982, Brown, Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, DC. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown, Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice.