Rakuz v. Spunt

654 N.E.2d 67, 39 Mass. App. Ct. 171, 1995 Mass. App. LEXIS 548
CourtMassachusetts Appeals Court
DecidedAugust 24, 1995
DocketNo. 94-P-227
StatusPublished
Cited by3 cases

This text of 654 N.E.2d 67 (Rakuz v. Spunt) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rakuz v. Spunt, 654 N.E.2d 67, 39 Mass. App. Ct. 171, 1995 Mass. App. LEXIS 548 (Mass. Ct. App. 1995).

Opinion

Smith, J.

On November 27, 1991, the plaintiff, Mark Rakuz, a handicapped person, brought an action in the Superior Court in which he claimed that Dominion Trust (the trust) had engaged “in a repeated pattern and practice of discrimination against [him] on the basis of his handicap by failing to reasonably accommodate his parking needs.” In particular, the trust had terminated his parking space lease. He sought monetary damages and equitable relief under G. L. c. 151B, § 9, G. L. c. 93, § 103, art. 114 of the Amendments to the Massachusetts Constitution, and the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq. (1988) (the FHAA). The trust counter[172]*172claimed seeking a declaratory judgment that the plaintiff was not entitled, to park in the lot in question.

The matter was heard by a Superior Court judge, sitting without a jury. After the trial, the judge filed a memorandum of decision containing his findings of fact, rulings of law, and order for judgment. The judge’s findings of fact were based on a joint stipulation, documentary evidence, and testimony of the parties. We summarize the judge’s findings.

The trust owns a three-unit apartment building located at 120 Brook Street, Brookline. It also owns a parking lot in an adjacent lot at 124 Brook Street. In addition to being a trustee of the trust, Spunt is the property manager of the apartment building and the parking lot. The parking lot is licensed by the Brookline board of selectmen as an open air parking lot, and spaces in it are made available to tenants of the trust as well as to members of the public who are not tenants. The parking lot is not subject to rent control. The plaintiff’s parking space lease is self-renewing each year from September 1 to August 31 and may be terminated by either the lessor or lessee, provided written notice is given before June 1. The rent for the parking space is separate from the rent for the apartment.

The lot has six spaces designated “A” through “F.” Three of the spaces are directly behind the other three spaces. Because of the configuration, cooperation among the lessees of the spaces is necessary. In that regard, the lease provides, among other things, that lessees give their car keys to the people who are assigned the corresponding spaces so that cars can be moved about as necessary.

Since 1976, the plaintiff has resided in a rent controlled apartment in the building owned by the trust at 120 Brook Street. In 1976, the plaintiff’s left leg was amputated because of circulation problems. He uses a leg prosthesis. He also had surgery on his right leg in 1981. He has difficulty walking and is unable to operate an automobile with a standard shift.

From the time that the plaintiff first began to park in the lot he was assigned to space “B,” an interior space. From [173]*173time to time, however, the plaintiff has arranged with the person assigned the outside space “E” to switch in order that the plaintiff could occupy the outside space.

The judge found that there have been many conflicts over the years between the plaintiff and the other persons who have rented parking spaces. We quote from the judge’s findings:

“Many tenants have complained to . . . Spunt about [the] plaintiff’s behavior, indicating that he has not been cooperative, that he blocks multiple spaces with his car, and that he has been abusive and threatening. Some of these complaints were in writing . . . ; many were oral. There was testimony from a former tenant . . . which I find [to be] credible, that on two occasions the plaintiff refused to move his car, or allow [the tenant] to move his car, so that [the tenant] could park in the inside space. On one occasion, in December, 1987, plaintiff’s obstinacy prevented [the tenant] from parking in the inside space, with the result that he was ticketed by the Brookline police for parking on the street that evening. [Spunt] would often be called into these disputes by tenants to mediate. Sometimes [the] plaintiff would cooperate and move his car; at other times he would not.”

By letter, dated January 18, 1988, Spunt indicated that, in accordance with the provisions of the lease, the plaintiff’s vehicle would be towed if he continued to block space “E” by failing to move all the way into space “B.” (The threat was never carried out). The letter went on to suggest that the plaintiff could rent space in another lot.

By letter, dated May 25, 1990, Spunt gave notice of the trust’s intent to terminate the parking space lease with the plaintiff when it expired on August 31, 1990. The plaintiff’s lease of his apartment was not affected by the termination of his parking space lease. The plaintiff’s action followed the termination of his parking space lease.

[174]*174The judge ruled that (1) the plaintiff could not prevail under G. L. c. 151B because he had failed to exhaust his administrative remedies; (2) the plaintiff had no remedy under G. L. c. 93, § 103, the Massachusetts Equal Rights Act, because c. 151B was the exclusive remedy under the Act and because the effective date of the Act was after the alleged violation; and (3) the plaintiff had no cause of action under art. 114 of the Amendments to the Massachusetts Constitution.

The judge then considered whether the termination of the parking space lease was a violation of the FHAA. A parking lot is not a dwelling under the description of “dwelling” in § 3602(b) of the FHAA.2 Under 42 U.S.C. § 3604(f) (2), however, it is unlawful to discriminate against a handicapped person in regard to the providing of services or facilities in connection with the rental of a dwelling. The judge ruled that space in the parking lot was a “service” in connection with the rental of the plaintiff’s apartment, and, therefore, the FHAA applied to the matter.

Under § 3604(f) (3) of the FHAA, discrimination against a handicapped person includes “a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling . . . ,”3 It was the plaintiff’s theory that the defendants discriminated against him because, by terminating the parking space lease, they refused to make reasonable accommodations in regard to his parking needs, with the result that they did not “afford [him] equal opportunity to use and enjoy his apartment ”4

[175]*175The judge ruled that, because parking was a service in connection with the rental of the plaintiffs apartment, the trust was obligated to make reasonable accommodations with respect to the plaintiffs parking needs. Addressing the issue whether the trust had refused to make such accommodations, the judge specifically rejected the plaintiffs claim that the failure to assign the plaintiff an outside space (when a tenant with a standard transmission was assigned the space behind him) was a refusal to make reasonable accommodations. The judge then considered whether the termination of the parking space lease amounted to a refusal reasonably to accommodate the plaintiffs parking needs.

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Cite This Page — Counsel Stack

Bluebook (online)
654 N.E.2d 67, 39 Mass. App. Ct. 171, 1995 Mass. App. LEXIS 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rakuz-v-spunt-massappct-1995.