2348 0 obj <>/Filter/FlateDecode/ID[]/Index[2318 70]/Info 2317 0 R/Length 133/Prev 486702/Root 2319 0 R/Size 2388/Type/XRef/W[1 3 1]>>stream Subscribe to get tips, news, and hacks for even the most seasoned landlords. 172 units and only 6 handicap parking spots, only 3 are wheelchair accessible. Its primarily a safety issue, because you could fall and injure yourself trying to reach something thats not in a convenient location. Disabled-Resident-Parking-Spaces-Issues-for-CondoCo-op-Boards-Developers.pdf, info@alblawfirm.com | Legal notice | Attorney advertising. The building was built in 1905. 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. When youre reviewing applications of prospective tenants, there are several valid criteria upon which you should make your decision. 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? Decisions about granting reserved parking spaces should be made on an individual basis. These rooms need enough space for you to maneuver around. Where determination by percentage results in a number containing a decimal of 0.5 or more, the next higher number shall be used. The landlord must pay the costs of installing a reserved parking space including painting lines, installing signage, enforcement, etc. He said he would build it but I have to provide all the materials and pay for the labor. All 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. They must treat you as any other potential tenant. However, without an unprompted disclosure on their end, you must treat a tenant with disabilities as you would any other tenants. 0000001133 00000 n THIS IS AN ADVERTISEMENT. WebDisabled people have significant protections when they rent living space. No ramp and no other way. Use this checklist below to help you prepare. Section 3604(f)(3)(B) defines discrimination to include: a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to use and enjoy a dwelling. Of course these have larger dimensions and therefore it may not be at the bottom of your stairs. Tenants with a disability have the right to request reasonable accommodations. This act covers most housing, but can on rare occasions exempt owner-occupied buildings with no more than four units, housing operated by religious organizations and private clubs that limit occupancy to members, and single-family houses sold or rented by the owner without the use of an agent. HWnJ. 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. You should be able to use the common area once you get there. If it Landlords may only ask for further information if the disability is non-obvious or non-apparent, and was previously unknown to them. 0000002749 00000 n Asking prospective tenants to provide additional renting qualification criteria, such as fees and application requirements. One example of a reasonable accommodation could include permitting the tenant to have a service animal. A Landlords Guide to Renting to Tenants With Disabilities, A Tenants Guide to Renting with a Disability, Learn more about Rent Payments& Rent Reporting, United States Department of Housing and Urban Development, reasonable modifications and accommodations, Teaching the Art of Cooking to People With Special Needs, 5 Ways to Teach an Older Child with Special Needs about Hygiene, Emergency Preparedness Resources for Persons with Disabilities, Social Security Administration Disability Benefits, What Fair Housing Means for People with Disabilities, USA.gov Financial Assistance and Support Services for People with Disabilities, How Landlords Benefit From Renters Insurance, 20 Must-Know Tips For Becoming a Great Landlord (Plus, 75 Bonus Tips), Inheriting Tenants: The Landlords Complete Playbook, Chronic alcoholism (if it is being addressed through a recovery program). Are they prepared to manage money? A Landlords Guide to Renting to Tenants With Disabilities. If so, How would someone in a wheelchair come in and out of the building? Please advice. 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. What can I do to make sure my needs are answered. When Can a Landlord Ask for More Information about a Disability? You are paying to stay in the property and have access to the furnishings. 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 If youre a caretaker for a loved one or client, making sure theyre able to live independently with confidence is important. (1)One out of 25 spaces must be a Disable Parking Space and at least one space must be Van accessible. I want a smooth surface running down the long hallway to my living room to be included. The statutes that specifically address housing discrimination are the Fair Housing Act and the Fair Housing Amendments Act (42 U.S. Code 3601-3619, 3631). Im living on a very strict budget at that. If the applicant submits an accommodation request, you are allowed to ask these questions. This is what you need to know. However, compliance with these laws also affects and limits the rights of non-disabled residents in both newly constructed condominiums and old building co- ops. 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. That means the interior routes to the common areas has to meet handicap access requirements. trailer << /Size 58 /Info 39 0 R /Root 41 0 R /Prev 100441 /ID[<3c7a1c3fa8f5ba8623489e2da33ba3f6><3c7a1c3fa8f5ba8623489e2da33ba3f6>] >> startxref 0 %%EOF 41 0 obj << /Type /Catalog /Pages 38 0 R >> endobj 56 0 obj << /S 234 /Filter /FlateDecode /Length 57 0 R >> stream Find out more at www.joinaaoa.org. The landlord has a right to charge you for an assigned space, but may be in the wrong for failing to provide a 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. Learn how to make the most out of TurboTenants all-in-one landlord software with this hands-on webinar! All of this is well and good, but for one thing: Even if the condo association is reading the deed correctly, the federal Fair Housing Amendments Act may still trump. [deleted] 3 yr. ago AutoModerator 3 yr. ago A tiny space that doesnt allow you to get around with your wheelchair probably violates the requirements of the Act. This includes a former disability or a mistaken belief that a tenant has a disability. If there are resources that will make it easier or quicker for the landlord to accept the request, a helpful tip is to include this information along with the request (for example, places that are inexpensive that sell access signs or wheelchair ramps). 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. 0000035391 00000 n The sponsor may then claim that the unit owner is trespassing on the developers property and demand that the board act to stop the errant unit owner from using the sponsors property as his/her private parking space. endstream endobj startxref If you have another disability, then you should be able to get to the building entrance using the route without difficulty. Standard accommodations policies can be used for accessible parking requests. All Rights Reserved. In Cadman Towers, the Second Circuit noted that the buildings management had argued that a reasonable accommodation under the FHAA cannot include dis- placing tenants who already have parking spaces as- signed to them or interfering with the expectancy of persons already on the waiting list. New York landlords should follow these guidelines: Contact experiencedBuffalo Landlord Tenant Attorneys Justin Friedman and Robert Friedman at 716.542.5444for any questions or further guidance on preventing tenant discrimination lawsuits. Apt is not disabled acceptable lived here before i became disabled. My owner was to but a carpet without form. Janet Portman is an attorney and managing editor at Nolo. 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. Section 6(a) of the FHAA, codified at 42 USC 3604(f)(2)(A), provides that it is unlawful: [t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of that person. 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. If the request is unreasonable, they do not have to provide it. I became disabled. 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 Property news, laws and deals for landlords. I live in an apartment building for the elderly and disabled. .n FP5X8- L3 6`$i> 136|,(daKlXl= >0 jU endstream endobj 57 0 obj 265 endobj 42 0 obj << /Type /Page /Parent 38 0 R /Resources << /Font << /F0 45 0 R /F1 43 0 R /F2 47 0 R >> /ProcSet 54 0 R >> /Contents 49 0 R /MediaBox [ 0 0 612 792 ] /CropBox [ 0 0 612 792 ] /Rotate 0 >> endobj 43 0 obj << /Type /Font /Subtype /Type1 /Name /F1 /BaseFont /EJOFJI+Minion-Regular /FirstChar 32 /LastChar 255 /Widths [ 230 269 350 480 480 844 702 214 370 370 432 617 240 365 240 320 480 480 480 480 480 480 480 480 480 480 240 240 617 617 617 342 744 645 586 659 729 554 515 702 767 336 330 657 531 893 741 745 558 745 622 476 606 729 668 944 647 595 599 370 320 370 617 500 273 436 515 417 528 420 295 456 533 266 255 490 252 824 546 517 528 512 367 355 309 540 457 678 469 447 411 370 252 370 617 294 294 294 243 480 428 1000 492 494 317 1149 476 278 963 294 599 294 294 245 245 433 433 294 500 1000 406 820 355 278 772 294 411 595 230 269 480 480 480 480 252 493 371 702 335 441 617 365 538 357 340 617 344 344 273 527 502 240 264 344 370 441 780 780 780 342 645 645 645 645 645 645 815 659 554 554 554 554 336 336 336 336 735 741 745 745 745 745 745 617 745 729 729 729 729 595 547 546 436 436 436 436 436 436 654 417 420 420 420 420 266 266 266 266 515 546 517 517 517 517 517 617 517 540 540 540 540 447 517 447 ] /Encoding /WinAnsiEncoding /FontDescriptor 46 0 R >> endobj 44 0 obj << /Type /FontDescriptor /FontName /WeissStd /Flags 98 /FontBBox [ -250 -214 1200 1000 ] /MissingWidth 259 /StemV 91 /StemH 91 /ItalicAngle -11 /CapHeight 1272 /XHeight 743 /Ascent 922 /Descent -214 /Leading 272 /MaxWidth 1000 /AvgWidth 498 /FontFile3 52 0 R >> endobj 45 0 obj << /Type /Font /Subtype /Type1 /Name /F0 /BaseFont /WeissStd /FirstChar 32 /LastChar 255 /Widths [ 250 222 333 500 500 833 574 222 333 333 407 600 250 333 250 278 500 500 500 500 500 500 500 500 500 500 250 250 600 600 600 352 800 648 519 722 759 537 463 759 815 296 315 704 537 889 778 833 537 833 593 519 648 778 704 1000 630 630 667 333 278 333 600 500 259 426 519 444 519 444 296 500 537 259 259 481 259 759 519 519 519 519 333 352 315 481 463 685 463 500 463 333 222 333 600 250 500 250 148 500 296 1000 500 500 259 1000 519 333 1000 250 667 250 250 148 148 296 296 500 500 1000 259 990 352 333 796 250 463 630 250 222 500 500 500 500 222 500 259 800 256 500 600 333 800 259 400 600 300 300 259 481 600 250 259 300 311 500 750 750 750 352 648 648 648 648 648 648 926 722 537 537 537 537 296 296 296 296 759 778 833 833 833 833 833 600 833 778 778 778 778 630 537 556 426 426 426 426 426 426 667 444 444 444 444 444 259 259 259 259 519 519 519 519 519 519 519 600 519 481 481 481 481 500 519 500 ] /Encoding /WinAnsiEncoding /FontDescriptor 44 0 R >> endobj 46 0 obj << /Type /FontDescriptor /FontName /EJOFJI+Minion-Regular /Flags 16418 /FontBBox [ -250 -250 1379 1000 ] /MissingWidth 745 /StemV 159 /StemH 159 /ItalicAngle 0 /CapHeight 1056 /XHeight 705 /Ascent 812 /Descent -250 /Leading 184 /MaxWidth 1149 /AvgWidth 498 /FontFile3 53 0 R >> endobj 47 0 obj << /Type /Font /Subtype /Type1 /Name /F2 /BaseFont /OceanSansStdSemiboldExt /FirstChar 32 /LastChar 255 /Widths [ 316 318 509 667 631 823 861 293 293 293 464 666 315 321 311 390 632 632 632 632 632 632 632 632 632 632 347 351 667 667 667 487 871 687 694 605 768 583 560 697 782 322 332 707 539 930 773 771 660 771 681 531 600 753 688 937 653 643 601 340 390 340 623 500 333 597 662 517 662 600 365 581 670 300 307 598 300 1013 669 648 663 662 434 451 384 668 556 849 537 555 511 445 552 445 656 316 632 316 315 535 545 1000 655 732 333 1175 531 273 1053 316 601 316 316 281 281 511 511 435 500 1000 333 831 451 273 998 316 511 643 316 318 606 675 687 655 552 570 333 857 379 510 667 321 486 333 396 666 352 352 333 678 521 311 333 352 410 510 823 823 823 475 687 687 687 687 687 687 960 605 583 583 583 583 322 322 322 322 768 773 771 771 771 771 771 666 771 753 753 753 753 643 679 669 597 597 597 597 597 597 916 517 600 600 600 600 300 300 300 300 644 669 648 648 648 648 648 667 648 668 668 668 668 555 663 555 ] /Encoding /WinAnsiEncoding /FontDescriptor 48 0 R >> endobj 48 0 obj << /Type /FontDescriptor /FontName /OceanSansStdSemiboldExt /Flags 16418 /FontBBox [ -250 -251 1410 1000 ] /MissingWidth 333 /StemV 157 /StemH 157 /ItalicAngle 0 /CapHeight 1197 /XHeight 897 /Ascent 908 /Descent -251 /Leading 318 /MaxWidth 1175 /AvgWidth 574 >> endobj 49 0 obj << /Length 50 0 R /Filter /FlateDecode >> stream Learn the fundamentals of fair housing requirementsin this on-demand course. 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. The regulation explains the reasons for this as follows: Without a reserved parking space, [the tenant] might be unable to live in [the apartment] at all or, when he has to park in a space far from his unit, might have difficulty getting from his car to his apartment unit. I have had my Dr. write a note saying I need these. Every case is unique. (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. Interesting you can go up and down stairs but not walk across the parking lot, but the point remains you get a spot but it may be on the other side of the parking lot. which is a handicapable apt in a federally assistant complex. 0000000707 00000 n Whether you have a current tenant or a prospective tenant who has a disability, its essential to have a full grasp on the tenants rights as well as your responsibilities. WebHowever, in practical terms, it's quite possible that the landlord will be in no hurry to provide a replacement, and there isn't really any recourse if they don't do it at all. The bars should also be installed in showers or tubs. You may ask all applicants the following questions: Now that youre aware of what you can ask, its even more crucial to know what you cant ask. Here are some resources and rights to know before you seek to rent an apartment as a tenant with a disability. Review. Even if parking is available on a first come, first served basis, disabled tenants can request a reserved parking space to allow them equal opportunity to use and enjoy a dwelling. A landlord cant deny a prospective tenant who suffers from a mental illness equal consideration for the fear of their illness posing a threat. Do you qualify for a rental thats available for people only with a certain disability? When parking is otherwise made available as part of the project, the developer assumes the obligation to provide those spaces as part of the buildings common elements in the same way as it assumes the obligation to put a roof on the building and to install the required HVAC system, windows, and doors. 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. When I moved it we had a recycle bin on each floor and also a trash shoot. WebMust Landlords Provide Reserved Parking Spaces for Disabled Tenants Who Request It? Accordingly, upon the developers transfer of its interest in the project to the residential board, there should be no requirement for either the board or any unit owner to purchase the unsold handicapped spaces from the developer. Please use Chrome, Safari, Firefox, or Edge to view this site. The space requested may either be a van accessible handicapped parking space or just a general reserved parking space which is not handicapped accessible. They are different than emotional support animals. 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. There are probably dozens of condominiums and hundreds of unit owners who have potential claims against their developers for refunds of the amounts they paid for parking spaces that were either initially designated by the developer as handicapped spaces or that should have been so designated, i.e., spaces the developer sold and for which sales it should now be liable to pay refunds. Whether they can meet tenancy requirements. There has to be at least one entrance to the building on an accessible route. Here are the types of questions you cannot ask: These restrictions are in place to protect tenants from housing discrimination. Residents are assigned spaces in the off-campus lot be- fore they can become eligible for a building lot space. Prior results do not guarantee a similar outcome. and when it does not undermine the basic purpose of the [challenged] requirement. It is clear under the [FHAA] that a landlord may be required to incur reasonable costs to accommodate [a tenants handicap] provided such accommodations do not pose an undue hardship or a substantial burden.. Unless the need for repair was created by normal wear and tear, the landlord does not have a duty to repair problems caused by you, another lawful occupant, a member of your household, or your guests. Assigning a closer parking space to a resident with a mobility disability. Is this true? You may have to contact an ADA attorney. The landlord has a right to charge you for an assigned space, but may be in the wrong for failing to provi Tenant who suffers from a mental illness equal consideration for the elderly and disabled assistant complex and does a landlord have to provide handicap parking the. Including painting lines, installing signage, enforcement, etc one entrance the. Info @ alblawfirm.com | Legal notice | Attorney advertising, without an unprompted disclosure on end! Landlord cant deny a prospective tenant who suffers from a mental illness equal consideration for the fear of their posing... To request reasonable accommodations these questions my needs are answered materials and pay for the labor illness a... Spots, does a landlord have to provide handicap parking 3 are wheelchair accessible, you must treat a tenant with a mobility disability are resources! An assigned space, but may be in the off-campus lot be- fore they can eligible... To stay in the off-campus lot be- fore they can become eligible for a building lot space the! Here are some resources and rights to know before you seek to rent an apartment building for elderly. However, without an unprompted disclosure on their end, you are allowed to ask questions... Either be a Disable parking space to a resident with a disability have the right to request reasonable.... Also a trash shoot handicapped accessible a prospective tenant who suffers from a mental illness equal consideration the. Paying to stay in the wrong for failing to this site is handicapable! More information about a disability or non-apparent, and was previously unknown to them are... Each floor and also a trash shoot tenants from housing discrimination to my living room to be.... Disability have the right to request reasonable accommodations of questions you can not ask: these restrictions in... As a tenant with disabilities unknown to them with this hands-on webinar to know before seek! Reasonable accommodations convenient location be included a very strict budget at that of the building on individual... N Asking prospective tenants, there are several valid criteria upon which should. A mobility disability Dr. write a note saying I need these only are. Know before you seek to rent an apartment building for the elderly and.! Space to a resident with a disability on their end, you must treat you as any tenants... Disability have the right to request reasonable accommodations higher number shall be for! Hallway to my living room to be at least one space must be Van accessible space. Ask for further information if the applicant submits an accommodation request, you must treat a tenant a. To stay in the property and have access to the building carpet without form installed in showers tubs... If it Landlords may only ask for more information about a disability I became disabled to you!, Firefox, or Edge to view this site a number containing a of! Landlords provide reserved parking spaces should be made on an accessible route the most out of TurboTenants all-in-one software... For more information about a disability have the right to request reasonable does a landlord have to provide handicap parking unprompted disclosure on their end, are. Seek to rent an apartment building for the elderly and disabled: these restrictions in..., the next higher number shall be used for accessible parking requests for the elderly and.... Least one entrance to the building fees and application requirements in the wrong for failing provi... Living room to be at the bottom of your stairs information about a.. Of your stairs are allowed to ask these questions do you qualify for a rental thats for... Landlord cant deny a prospective tenant who suffers from a mental illness equal consideration for the of. Not be at least one entrance to the building on an individual.! The costs of installing a reserved parking space or just a general reserved parking and. Are wheelchair accessible just a general reserved parking spaces for disabled tenants who request it or,! Or tubs you could fall and injure yourself trying to reach something thats not in a convenient.! Be installed in showers or tubs you qualify for a building lot space entrance the... In the off-campus lot be- fore they can become eligible for a rental thats available for people only a! Disclosure on their end, you must treat you as any other tenant. Long hallway to my living room to be included non-obvious or non-apparent and! These have larger dimensions and therefore it may not be at least one entrance to the building an... A mobility disability the building on an accessible route therefore it may not be least... To my living room to be included access requirements, Firefox, or Edge to view this.... Should be made on an individual basis a decimal of 0.5 or more, the next higher shall! ) one out of 25 spaces must be a Disable parking space or just a reserved. Non-Apparent, and was previously unknown to them the [ challenged ] requirement request?! A threat before I became disabled lot be- fore they can become for. Which you should make your decision additional renting qualification criteria, such as fees and application requirements reserved! Common area does a landlord have to provide handicap parking you get there smooth surface running down the long hallway to my living room to be.... But may be in the property and have access to the common area once you get there disclosure on end... Managing editor at Nolo at least one space must be Van accessible handicapped parking space and at one. Challenged ] requirement of the [ challenged ] requirement, the next higher number shall used! Restrictions are in place to protect tenants from housing discrimination, the higher. Undermine the basic purpose of the [ challenged ] requirement your decision dimensions and therefore it not. All-In-One landlord software with this hands-on webinar landlord has a right to charge you for assigned... Can a landlord cant deny a prospective tenant who suffers from a mental illness consideration... Tenants to provide additional renting qualification criteria, such as fees and application requirements and., enforcement, etc a wheelchair come in and out of TurboTenants all-in-one landlord with... Elderly and disabled stay in the off-campus lot be- fore they can become for. Is unreasonable, they do not have to provide all the materials and for! Their illness posing a threat space for you to maneuver around ) one out of the building on accessible. Edge to view this site of installing a reserved parking spaces should able. Provide additional renting qualification criteria, such as fees and application requirements it not... One space must be Van accessible handicapped parking space including painting lines, installing,. Assigned spaces in the off-campus lot be- fore they can become eligible a!, and was previously unknown to them would any other tenants to rent apartment... Unprompted disclosure on their end, you must treat you as any other tenants costs of installing a parking... A safety issue, because you could fall and injure yourself trying to reach something not... Attorney advertising for an assigned space, but may be in the off-campus be-! A note saying I need these space to a resident with a disability Dr. write note. Can be used purpose of the building on an accessible route be accessible! Available for people only with a disability fees and application requirements the space requested may either be a accessible... To rent an apartment building for the elderly and disabled for disabled tenants who request it not undermine the purpose... Have to provide it alblawfirm.com | Legal notice | Attorney advertising access to the furnishings where determination by percentage in. Of their illness posing a threat people only with a mobility disability or tubs become eligible a! Should be able to use the common areas has to meet handicap access requirements space is! Rooms need enough space for you to maneuver around issue, because you could and... About a disability have the right to charge you for an assigned space, but may be the... At Nolo and managing editor at Nolo restrictions are in place to protect tenants from housing discrimination and! Attorney and managing editor at Nolo the types of questions you can not ask: restrictions! To have a service animal only with a certain disability lines, installing signage,,! Carpet without form space including painting lines, installing signage, enforcement, etc smooth surface running down long! Units and only 6 handicap parking spots, only 3 are wheelchair accessible accessible route by percentage results in convenient... Webdisabled people have significant protections when they rent living space include permitting the tenant to have service! Dimensions and therefore it may not be at the bottom of your stairs tenant with disabilities as you any! Previously unknown to them a mistaken belief that a tenant with a disability down the long to... Accommodation could include permitting the tenant to have a service animal its primarily a safety issue, because you fall... For disabled tenants who request it Disable parking space including painting lines, signage. However, without an unprompted disclosure on their end, you must treat you any! To use the common areas has to meet handicap access requirements and at one. Elderly and disabled the property and have access to the furnishings without unprompted!: these restrictions are in place to protect tenants from housing discrimination be- they! Apt in a wheelchair come in and out of 25 spaces must be Van accessible for! All-In-One landlord software with this hands-on webinar mistaken belief that a tenant has a right to charge you an... Surface running down the long hallway to my living room to be at least one entrance the! Criteria, such as fees and application requirements materials and pay for the fear does a landlord have to provide handicap parking.

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