Handicap parking spot in permitted area

[Timothy Munger]

I have a small apartment building that has a permitted gated parking area. There are only enough spots for 80% of the tenants. Can I not permit someone for the handicap parking and the empty space next to it? Since I know exactly who will have a permit or not (which will likely not be a handicap person because there is no elevator) why can I not rent those two spots out? I know by code the spots have to be there but...do they really have to operate that way.