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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Jankowski Lee & Associates v. Cisneros, 91 F.3d 891 (1996)

Citation
Jankowski Lee & Associates v. Cisneros, 91 F.3d 891 (1996)
Parent Document
Jankowski Lee & Associates v. Cisneros, 91 F.3d 891 (1996)
Effective Date
1996-07-30

Other Sections in This Document (31)

Full Text

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This statute is designed to achieve reasonable accommodations for disabled people, not to significantly punish people for inadvertent violations. The burden should be with the claimant to show that he has a disability that needed “reasonable accommodations.” The ALJ and this court have placed the burden on the apartment manager to inquire further when the person requesting accommodations did not present any information (other than reiterating that he had MS as indicated on the application six years earlier) at the time óf the request. I would be inclined to reverse the ALJ’s Initial Decision and Order and the Secretary’s final order on the finding of liability, and certainly on the penalty of $2500 . and the award of damages of $2500. Therefore I respectfully dissent.