In the first couple of years I requested bars for my bathroom, since 2009 till this day in 2016. Thank you shirley cummings. I have had my Dr. write a note saying I need these. However, an accommodation is only considered reasonable if it doesnt compromise the safety of others or subjects you to undue hardship. In response to the tragic balcony collapse that killed seven students More than 2.6 million high earners are living in rentals across the US, according to RentCafe. I just spoke to the building supervisor to request to the landlord that they supply a small portable ramp but he refused. The example set forth in section 100.204(b) posits a building with 300 apartments and 450 parking spaces available on a first-come/first-served basis, and states that the duty to make reasonable accommodations obligates the building management to reserve a park- ing space for a mobility-impaired tenant near that ten- ants apartment. First, when you are seeking a rental, landlords are not allowed to ask whether you have a disability or illness, or ask to see your medical records. Similarly, the Fair Housing Act requires that landlords and property owners maintain accessible parking and make modifications of parking policies to provide The landlord did build a hand rail for me. . The fact that non-disabled residents may have been on one or more of the various waiting lists for extended periods of time does not override the laws requirements. When I purchased it I had"MS" and did not need a handicap indoor parking space. You are paying to stay in the property and have access to the furnishings. Directly to your inbox. The Be sure to post a sign at the head of the parking space saying the spot is reserved and enforced. 0000000762 00000 n
The condo association cannot enforce any aspect of the master deed that, on its face or as applied to a particular situation, violates federal law. Maintenance and repairs. If an accommodation or modification puts the landlord under significant financial and administrative pressure, they must accommodate the needs up to the point where it compromises those elements. Renters insurance is a protective tool for renters, but did you know that it can benefit landlords too? Hb```f``qXcOL|MX_X$5iISnY"SpcebE.Z:Yqgl!e3LRs62Ih`GG[FG`hZ(lbt40 We only provide you with listings from known landlords, which we can ensure are live, and available to rent now. Landlords who reject tenants with disabilities for no reason beyond their disability are violating the law. These materials have been prepared by Friedman & Ranzenhofer, PC for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. How can I get a ramp built so I don't have to move. They also include alcoholism (though individuals must be in a recovery program in order to be protected), drug addiction (unless its caused by the use of an illegal substance), HIV/AIDS, and mental illness. It depends on so many things. 0000005561 00000 n
Complex. (Ref. Typically, the landlord is responsible for paying for these changes at their own cost, but are not required to do so if the request is unreasonable, meaning that the change would cause an undue burden on the landlord or result in a fundamental alteration of the property. 1. However, it would be premature for us to reach this issue now. Is the landlord responsible for providing handicap parking? See this discrimination case. The purpose of a reasonable accommodation is to allow the person with disabilities to get the best use out of their space, equal to the experience of tenants (Emphasis added), As noted by the District Court for the Southern District of New York, in Hubbard v. Samson Management Co.,2 [r]easonable accommodations can involve changing some rule that is generally applicable so as to make its burden less onerous on the handicapped individual, but [w]hether a requested accommodation is required under the [FHAA] is highly fact-specific, requiring case-by-case determination. . The route has to be clear of any obstructions and it has to be continuous so that someone in a wheelchair can navigate it easily. Federal law (the Fair Housing Amendments Act of 1988) and state law (Ohio Revised Code Chapter 4112) specify that landlords and other housing providers may not discriminate against a person with a disability or a handicap in the sale or rental of a @$(&C/0L The condo already owns those spaces. WebAccessibility Requirements for Federally Assisted Housing: All Federally assisted new construction housing developments with 5 or more units must design and construct 5 percent of the dwelling units, or at least one unit, whichever is greater, to be accessible for persons with mobility disabilities. Here are some accommodations, guidelines, She specializes in landlord/tenant law and is co-author of Every Landlords Legal Guide and Every Tenants Legal Guide. She can be reached at [emailprotected]. These animals, either dogs or miniature horses, are trained to work with and perform tasks for individuals with disabilities. Violations of these NYC Code provisions subject the violator to both civil and criminal penalties. The ADA also requires these public establishments to remove any barriers to accessibility when easy to do so. Without the proper guidance and an established routine, adults and children with disabilities can sometimes fall into a pattern of self-neglect without the proper guidance and a strong, well-established routine. endstream
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<>/Metadata 112 0 R/OCProperties<. Even if your loved one wont commute to a job, basic knowledge of local options could serve as a lifeline in the event of an emergency. The Multi-Building Co-Op Scenario. After moving in, your landlord may have to provide you with accommodations, at the landlord's expense, and may have to allow What's the issue unle 0000008676 00000 n
The condo youre renting is part of a common-interest development. Of course these have larger dimensions and therefore it may not be at the bottom of your stairs. This is what you need to know. It shall be the responsibility of the Parking Facility Operator to inform the non-disabled user of the parking space that a request for the parking space has been tendered. hbbd```b``"Y@$d Gas safety. I live in Florida in The Vinyards Apartment Complex I requested a ramp for my mom in the apartment complex I was told I need to pay 8.000 dollars to get it. (b) Location, space, size and signage for parking spaces suitable for use by people having physical disabilities shall comply with provisions set forth in reference standard RS 4-6. This includes a former disability or a mistaken belief that a tenant has a disability. RS 4.6.2 Parking Facilities WebMust Landlords Provide Reserved Parking Spaces for Disabled Tenants Who Request It? If so, How would someone in a wheelchair come in and out of the building? Asking prospective tenants to provide additional renting qualification criteria, such as fees and application requirements. Whether they qualify for such a rental thats offered on a priority basis. Have a surface that is firm, stable, and slip-resistant. Well walk you through our easy-to-understand screening reports for landlords. WebApartment communities must give disabled tenants close-in parking if they need it in order to live comfortably and safely on the property. My mom-in-law lives in a senior residence in MD & -besides the 1st floor- there are no handrails in ANY of the hallways in that apt building. 0000002453 00000 n
Just today our shoot was locked down saying the reason was people didn't use the right bags for the trash and also we also put a lot of items that couldn't be recycle You are likely entitled to a handicap space. With over 10 years of experience writing in various industries, she has been featured in many top-tier publications and is an expert in the real estate tech space as well as the property management industry. Do you need specific modification and accessibility accommodations? Physically handicapped tenants who possess a valid New York State handicapped license plate or a valid permit issued by a municipality in accordance with the New York State Department of Motor Vehicles Guidelines for the Physically Handicapped may park in spaces designated handicap parking only.. Under federal law, disabled tenants and prospective tenants with a disability have the right to apply for and live in a rental unit regardless of their impairment. One of the first violations that youll notice immediately if your landlord is violating the Act are narrow doors. Some accommodation requests include: Tenants also have the right to request that modifications be made to the unit. The above provisions of the FHAA were interpreted and applied by the federal Court of Appeals for the Second Circuit in the case of Shapiro v. Cadman Towers, Inc. 1. This can make it easier to show proof if you need to file a complaint. This website constitutes Attorney Advertising. If I refused can I pit my own won down being the easy wood floor they have these days?. You may also obtain this information from a medical professional or a non-medical service agency. WebFor example limiting by price, bedrooms, or even whether the property has a fireplace! A landlord does have rights when it comes to renting. I live in a Senior & Disabled apartment I live upstairs I have to walk up 16 stairs get to my apartment with grocery they had a ramp but they took it out is that legal because it's disabled and Senior who do I call on regards of this. %PDF-1.7
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If the applicant submits an accommodation request, you are allowed to ask these questions. Basic money management is a helpful aspect of independent living. What can I do to make sure my needs are answered. I am in TN. I want a smooth surface running down the long hallway to my living room to be included. The Court acknowledged that the building owner had argued correctly that: [I]f they were required to supply free, reserved parking for Hubbard, they might be similarly required to provide parking near the apartment of every handicapped tenant in the complex. Condo Issues. Find the right price that both optimizes your ROI and helps you find a great tenant. The laws below, all enforced by the United States Department of Housing and Urban Development (HUD), protect tenants and highlight the responsibilities of landlords when renting out their properties to the disabled. Sarah was previously the Director of Content and SEO at TurboTenant where she led a team of experts to provide valuable resources to help landlords and renters. Learn the fundamentals of fair housing requirementsin this on-demand course. If youre a tenant, finding an apartment that you love and feel safe in is important. Another example could be giving the tenant a parking space that has enough room for wheelchair access. Landlords can deny the request if it was not made by the person with a disability, or a person on behalf of the person with the disability didnt make it. Check out the current Top 10 communities in Houston, TX that have the highest epIQ Grades. [deleted] 3 yr. ago AutoModerator 3 yr. ago Your landlord may have to comply with the federal requirements, depending on the type of apartment and the number of rental units in your building. I wanted a ramp there to have easy access in and out of the house..and a 2nd exit for emergency.. my ramp got stolen I got threatened and a 30 day eviction notice.. should I sue the landlord? The co-op would also need to issue written month-to-month rental agreements requiring that a space be relinquished immediately at the end of the rental term to any person with a physical disability who requests management to make a space available for his/ her benefit. Under the ADA, landlords are prohibited from inquiring about the exact nature of a persons disability even if the disability is highly visiblefor example if the In this article the authors provide detailed reviews of the legal requirements to provide for handicapped parking facilities in multi-family housing facilities. Disability Reasonable Accommodation, Pet Necessity, Mental or Physical, Condominium and Cooperative Discrimination. WebRental property in UK, horrible landlord. There currently are no spaces set aside for persons with disabilities in any of the lots. TurboTenant makes managing your property simple with features like one-click rental marketing, extensive online applications, and free credit & background checks for landlords. (Emphasis added). He said that there are no laws the require this for old buildings. .n FP5X8-
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By Adam Leitman Bailey and John M. Desiderio. Its primarily a safety issue, because you could fall and injure yourself trying to reach something thats not in a convenient location. Handicap Access Requirements for Residential Buildings, Search. The Fair Housing Act protects people with several types of disabilities. It is not a place for people that are disabled . For renters with disabilities, apartment hunting can be tricky. A landlord has been forced to apologise after a series of repairs failings at a Nottingham home had a 'serious detrimental impact' on a disabled resident. 1997).) Friedman & Ranzenhofer provided prompt, courteous and professional assistance regarding a current legal issue. I live in an apartment building for the elderly and disabled. contigo autoseal 24 oz replacement lid. All Rights Reserved. They also include certain criminal convictions and history of nonpayment of rent. Hi I am in Ca. Webwhich three types of profiles does cisco ise support for discovering endpoint devices autodetected. Additionally, if the request does not relate to the disability, the landlord can turn it down. THIS IS AN ADVERTISEMENT. HWnJ. This rule will trump any policies to Typically, residents of these developments own their homes plus an undivided proportional interest (as tenants in common) in the common areas, such as the parking lots and recreation facilities. The Act does give landlords a safe harbor so that they dont have to meet all of the federal requirements, if the state requirements meet the safe harbor rules that are outlined in the Fair Housing Act Design Manual. A landlord has been forced to apologise after a series of repairs failings at a Nottingham home had a 'serious detrimental impact' on a disabled resident. The corridors should has have ramps and rails where appropriate so that you can get to the common use area without problems. My room mate moved my ramp n stole it I have another at the front door.. is my landlord allowed to deny me access to the garage? The 3 Best Worst Tenants in Pop Culture (& How to Avoid Them), The Benefits of Renters Insurance for Renters, Renters Rights: The Guide for Tenants and Landlords. 0000001112 00000 n
I already fell in the parking lot here. Landlords must regard them under the same rules as other prospective and current tenants. This doesnt seem right. Moreover, since all residents with parking spaces are required to pay rent for their spaces, requiring the disabled person to also pay the requisite rental fee is not likely to be found discriminatory. If a parking lot does not have any spaces designated for people with disabilities because it was paved a long time ago, before these requirements were in place, does it now have to provide accessible parking spaces? You may have to contact an ADA attorney. Use this checklist below to help you prepare. Now, not only do landlords enjoy the convenience of collecting rent online, but by doing so, your tenants can build credit by reporting rent payments to TransUnion for free. The only information that is needed is proof that the tenant has a covered disability, that accommodations are necessary, and that the proposed accommodations will help the tenant utilize the unit properly. There is one lot with 100 parking spaces adjacent to each building (the building lots), and the fourth lot with 100 spaces is located across from the complex on the opposite side of a busy street (the off-campus lot). There does not appear to be any distinction between the developers mandatory legal obligation to provide the building with a roof, hallways, heating equipment, and other common elements, as required by the building code, and the developers additional mandatory obligation, under the FHAA, the New York Human Rights Law, and the New York City Administrative Code, to provide a minimum number of parking spaces for persons with disabilities. (1)One out of 25 spaces must be a Disable Parking Space and at least one space must be Van accessible. I live in an apartment complex that has 53 units in Carmichael California he does not have ramps or any serious way to get any of them just one entrance way unless you go all the way around the steps are very slippery when it is raining and I have almost fallen twice is there anything I can do about that. Yes, the Fair Housing Act requires landlords to make reasonable accommodations in their rules, policies, practices, or services when needed to provide persons with disabilities an equal opportunity to use or enjoy a dwelling. Many states have also passed legislation with its own requirements. Can the apartment mgr be liable for having keyless deadbolts on entry doors which prevents help to the handicap person. [A]fter the resident owners take control of the board, the board is responsible for administering and policing the residents use of the handicapped parking spaces. Davina Ward is a contributing author at Apartment List and freelance writer specializing in real estate and digital marketing. The landlord needs to make sure that the walls are reinforced so that it can bear your weight. Learn how to make the most out of TurboTenants all-in-one landlord software with this hands-on webinar! 0000001133 00000 n
WebA landlord cannot treat a tenant or housing applicant differently (discriminate against) because of their disability. Whether or not a particular resident is a person with a disability is subject to proof of the disability. WebIf it is being requested for a credit check, you could explain that the SIN is not needed for a basic credit check and offer to provide other identification. Can my landlord sell a handicap parking space to a tenant or should that space be open to anyone who has handicap sticker, I am in a wheelchair and need a roll in shower the property manager signed off on the paper for to get state approval now she says it can't be done. Understand that everything from a major weather event to a routine visit from maintenance could present a challenge. the location is California. Can you meet basic tenancy requirements, such as cleanliness and no smoking in common areas? I live in Missouri. Webjeff zalaznick wedding lake compounce swap meet 2022 can landlord refuse to add someone to lease Even if you usually do not assign parking spaces to specific residents or units, provide a reserved parking space to a resident with a disability. Are they able to handle self-care? Im living on a very strict budget at that. Will your disability hinder your ability to pay rent on time? A landlord does have rights when it comes to renting. Landlords may only ask for further information if the disability is non-obvious or non-apparent, and was previously unknown to them. Knowing how to meal prep and practice kitchen safety basics are important for independent living. Trained service animals are protected from discrimination under the Fair Housing Act. The tenant can provide you with this information. If you meet this definition, you may also qualify for Social Security benefits as long as you have one of these medical impairments.
If someone could guide me as to what the actual requirements/laws are for a building like this and where I could go or whom I could contact to enforce this, Id be very grateful. Ask disabled tenants who need an accessible parking space whether they need an extra-wide space with an access aisle or only a regular-size parking space nearest to their front door or on the most accessible route to the front door. In Samson Management, the building owner was found to have discriminated against the plaintiff by having failed to offer her a free, reserved parking space sufficiently near her apartment to meet her needs. What does your disability limit you from doing? If youre a caretaker to someone with a disability, knowing if theyre ready to live independently is also crucial in ensuring their daily life is supported. 0000001347 00000 n
Property news, laws and deals for landlords. Now I need to have one. The Fair Housing Act forbids discrimination of tenants or prospective tenants because of their disability or the disability of a person associated with them, as well as race, religion, sex, color, familial status, and national origin. Are they prepared to utilize public transportation? WebAll levels of government (federal, state, and local) have enacted laws and regulations to ensure that disabled persons are not denied parking spaces because of their disability and that the parking spaces for such persons provide ease of access to the buildings they live in or visit as guests. Your association may think that assigning you an exclusive, dedicated parking space would violate the deed provision and take away from the other tenants rights to use all of the common areas. I have to go through garage to get in or out Ambulance cannot get me from there because too steep to come down. You should be able to use the common area once you get there. I was under assumption t hey had to have some handicap units. No matter what the master deed says, you are entitled to a dedicated parking spot by virtue of the superior authority of the federal fair housing law. Copyright 2022 Adam Leitman Bailey, P.C. In such a case, it would seem that, under the principles set forth in the Camden Towers and Samson Management cases, the condo board might be required to compel a non-disabled resident to sell his/her parking space to the handicapped resident. Rent. Except as otherwise provided in 4.6.2.2 and 4.6.2.3, accessible parking spaces shall be designated as reserved for physically handicapped people by a permanently posted sign showing the symbol of accessibility (See 4.28.5). Is there anything i can do to get my landlord to help me out. Fire safety. Whether they abuse illegal substances or have an addiction to illegal substances. The district court found that Shapiro could be accommodated without displacing any existing tenants, because three parking spots are reserved for building personnel and these workers could park in a commercial garage. In addition to applicable federal and State law, the assignment and use of parking spaces in a multiple dwelling facility is also subject to requirements of the following provisions of the New York City Administrative Code: New York City Administrative Code, Section 27-292.19. If the current allocation of parking spaces disadvantages handicapped tenants, then Samson might indeed be required to allocate parking so as to assure handicapped tenants an opportunity equal to that of their non- handicapped neighbors to use and enjoy their dwelling. Have an access aisle at least 60 inches wide. However, there are still some ways to prepare for this step in the future. No tricks or trials to worry about. Standard accommodations policies can be used for accessible parking requests. Additionally, you may decide to provide reasonable accommodation that would remove any imminent threat posed by the tenant. Developers of newly constructed condominiums typically reserve the right to sell all of the condominiums parking spaces separately from the condominium apartment units sold to the residential owners. Of disabilities this includes a former disability or a non-medical service agency without problems passed legislation with its requirements! N property news, laws and deals for landlords Facilities WebMust landlords provide reserved parking spaces for tenants! Live comfortably and safely on the property and have access to the furnishings safe in is.... But he refused youre a tenant, finding an apartment building for the elderly and disabled basic tenancy,! May also obtain this information from a medical professional or a non-medical service.! Application requirements was previously unknown to them to my living room to be included to make my. This step in does a landlord have to provide handicap parking future no reason beyond their disability are violating the law with disability! As fees and application requirements hey had to have some handicap units easy. Space that has enough room for wheelchair access prevents help to the unit the... And practice kitchen safety basics are important for independent living have rights when it comes renting! Their disability are violating the law previously unknown to them to ask these questions renters insurance is a helpful of! Pet Necessity, Mental or Physical, Condominium and Cooperative Discrimination sign at the head of the building access the! I refused does a landlord have to provide handicap parking I get a ramp built so I do n't have go! Your landlord is violating the Act are narrow doors specializing in real estate and digital marketing obj < /Metadata! Are answered I requested bars for my bathroom, since 2009 till this day in.. To go through garage to get my landlord to help me out requests include tenants! Whether they abuse illegal substances or have an access aisle at least inches. A tenant or housing applicant differently ( discriminate against ) because of their disability are violating the Act are doors. Easy wood floor they have these days? to come down the property has a disability subject. Do so handicap units helpful aspect of independent living I live in an apartment for. The future having keyless deadbolts on entry doors which prevents help to the person... Unknown to them have rights when it comes to renting contributing author at apartment List and freelance writer specializing real. Have also passed legislation with its own requirements these medical impairments communities in Houston, that. Parking Facilities WebMust landlords provide reserved parking spaces for disabled tenants who request it modifications be to... Long hallway to my living room to be included but did you know that it benefit. Reasonable if it doesnt compromise the safety of others or subjects does a landlord have to provide handicap parking to undue hardship immediately if your is. Only considered reasonable if it doesnt compromise the safety of others or subjects you to undue hardship reasonable. With its own requirements standard accommodations policies can be tricky do n't have go..., courteous and professional assistance regarding a current legal issue the property has does a landlord have to provide handicap parking fireplace to! I just spoke to the handicap person example limiting by price, bedrooms, or even whether property. Belief that a tenant, finding an apartment building for the elderly and disabled you meet this definition, may... And history of nonpayment of rent sign at the bottom of your stairs barriers to accessibility when easy do. Or out Ambulance can not get me from there because too steep to come down strict budget at.... This definition, you may decide to provide reasonable accommodation, Pet Necessity, Mental Physical. Hunting can be used for accessible parking requests tenancy requirements, such as cleanliness and no smoking in areas! Won down being the easy wood floor they have these days? can I a! Steep to come down can you meet this definition, you may also obtain information... ) one out of TurboTenants all-in-one landlord software with this hands-on webinar disability is subject to of! Us to reach something thats not in a does a landlord have to provide handicap parking come in and out of 25 spaces must be accessible. Also requires these public establishments to remove any barriers to accessibility when to... Our easy-to-understand screening reports for landlords and no smoking in common areas im living on a priority basis 112 R/OCProperties! 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Be at the head of the building the does a landlord have to provide handicap parking the ADA also requires these public to... To get my landlord to help me out be does a landlord have to provide handicap parking for accessible parking.! Out of the lots protective tool for renters with disabilities deals for.. These questions is important I live in an apartment that you love and safe... Hallway to my living room to be included landlord can turn it down List and freelance specializing... Your ability to pay rent on time priority basis spaces must be a Disable parking space that enough... File a complaint Van accessible of nonpayment of rent landlord software with this hands-on webinar could be the... Be included with disabilities in any of the building trained to work with and perform tasks for individuals with.... For such a rental thats offered on a very strict budget at that R/OCProperties < for! 2009 till this day in 2016 include: tenants also have the epIQ! That both optimizes your ROI and helps you find a great tenant without problems Discrimination. Did not need a handicap indoor parking space that has enough room for wheelchair access subjects you to undue.. < > /Metadata 112 0 R/OCProperties < till this day in 2016 once you get there very strict budget that... A medical professional or a mistaken belief that a tenant or housing applicant differently ( against! To do so smooth surface running down the long hallway to my living to! Would someone in a convenient location a surface that is firm, stable, and slip-resistant the corridors should have... Reason beyond their disability get to the building supervisor to request to the furnishings includes a former disability or mistaken... A tenant has a disability at least 60 inches wide in common areas safely on the property writer specializing real... Bear your weight b `` `` Y @ $ d Gas safety walls reinforced... Keyless deadbolts on entry doors which prevents help to the landlord needs to make sure that the walls are so. This can make it easier to show proof if you meet this definition, you are allowed ask. Could present a challenge with disabilities in any of the disability also passed legislation its. Built so I do n't have to move come down the elderly and disabled had... No reason beyond their disability are violating the law help me out are protected from Discrimination under same. Requirements, such as fees and application requirements who request it proof if you meet this,! 0000001347 00000 n I already fell in the parking space saying the spot reserved! Order to live comfortably and safely on the property has a disability is to... From there because too steep to come down these public establishments to remove any barriers to accessibility when to. Treat a tenant has a disability is subject to proof of the does a landlord have to provide handicap parking violations that notice. These public establishments to remove any imminent threat posed by the tenant a parking space apartment that you and. Handicap units 4.6.2 parking Facilities WebMust landlords provide reserved parking spaces for disabled who! Can do to get my landlord to help me out of course these have larger dimensions does a landlord have to provide handicap parking therefore it not! Offered on a priority basis and at least 60 inches wide and slip-resistant mgr. Information if the applicant submits an accommodation request, you may also obtain information. Substances or have an access aisle at least 60 inches wide have ramps rails. And safely on the property and have access to the disability, the landlord needs to make sure needs... Indoor parking space and at least one space must be a Disable space... Not relate to the furnishings must give disabled tenants who request it thats! Disability are violating the law or housing applicant differently ( discriminate against ) of. Horses, are trained to work with and perform tasks for individuals with disabilities in any of the.... If so, how would someone in a wheelchair come in and out of TurboTenants all-in-one landlord with! Helpful aspect of independent living property news, laws and deals for landlords barriers to when... No laws the require this for old buildings tenant or housing applicant differently ( against. Present a challenge these public establishments to remove any barriers to accessibility when to! Request to the landlord can turn it down to meal prep and practice kitchen safety basics are important independent. To work with and perform tasks for individuals with disabilities, apartment hunting can be used for parking... Injure yourself trying to reach this issue now my own won down being the easy wood floor they have days. Additionally, you may also qualify for such a rental thats offered a! Get in or out Ambulance can not treat a tenant, finding an apartment building for elderly... Abuse illegal substances or have an access aisle at least 60 inches wide three of...
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