El Paso, TX asked in Civil Rights, Elder Law and Gov & Administrative Law for Nevada

Q: ADA compliance issue with Paratransit access for a disabled senior citizen in Nevada

I am a disabled senior citizen who uses a walker and Paratransit services. My apartment management requires me to meet Paratransit at the top of a hill where there are no ADA-compliant sidewalks, causing a risk of injury. Even after expressing my concerns, management insists on this arrangement. What ADA laws apply, and what steps can I take to ensure they provide reasonable accommodations?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: The Americans with Disabilities Act (ADA) requires that public services, including Paratransit, provide reasonable accommodations for individuals with disabilities. In your situation, the lack of ADA-compliant sidewalks and the unsafe location for pick-up can be seen as a violation of these requirements, as it creates an undue hardship and potential safety risk for you. Your apartment management must make reasonable modifications to ensure safe access to Paratransit.

First, you should request in writing that the apartment management work with Paratransit to find a safer, more accessible pick-up location. If they still refuse to accommodate you, document your concerns and the responses you receive. This will be important if you need to escalate the situation.

If these steps do not lead to a resolution, you can file a formal complaint with the Department of Justice (DOJ) or the U.S. Department of Transportation. Both agencies can investigate and require that your apartment management make the necessary changes to comply with ADA laws.

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