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)
Jurisdiction: United States (federal)
Effective Date: 1996-08-26
Original Source: https://www.courtlistener.com/opinion/723804/jankowski-lee-associates-v-cisneros/ ↗

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On March 8, 1993, Andrew Rusinov filed a complaint against River Park Apartments (RPA), alleging that Petitioners Jankowski Lee & Associates and Sue Sellin discriminated against him based on his handicap in violation of the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., (the "FHA") by refusing to make a reasonable accommodation in their rules, policies, practices and services related to parking. On September 30, 1994, the Department of Housing and Urban Development (HUD) issued a Determination of Reasonable Cause and Charge of Discrimination against Jankowski Lee and Associates, River Park Development Corporation, John R. Pankratz, and Sue Sellin (collectively, "Petitioners"), alleging that they had violated 42 U.S.C. §§ 3604(f)(2) and 3604(f)(3)(B). Administrative Law Judge Robert Andretta (the "ALJ") held a two-day hearing and issued an "Initial Decision and Order" holding that Petitioners had violated the FHA by failing to accommodate Rusinov's need for a parking space as close as possible to his apartment building. The ALJ enjoined Petitioners from discriminating against Rusinov, required Petitioners to assign Rusinov his own parking spot as close as possible to the RPA building, assessed a civil penalty of $2,500 against Petitioners jointly and severally, and awarded Rusinov $2,500 in compensatory damages. The Initial Decision and Order became the final order of the Secretary of HUD.

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