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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The FHA prohibits discrimination "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...." 42 U.S.C. § 3604(f)(2). This prohibition on discrimination also makes it unlawful to refuse "to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a handicapped] person equal opportunity to use and enjoy a dwelling[.]" 42 U.S.C. § 3604(f)(3)(B). It is clear that Rusinov's MS is a handicap within the meaning of the FHA. 42 U.S.C. § 3602(h) (" 'Handicap' means, with respect to a person--(1) a physical or mental impairment which substantially limits one or more of such person's major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment...."); Shapiro v. Cadman Towers, Inc., 844 F.Supp. 116, 123 (E.D.N.Y.1994), aff'd, 51 F.3d 328 (2d Cir.1995); cf. Carter v. Casa Central, 849 F.2d 1048 (7th Cir.1988) (Multiple Sclerosis is a "handicap" under analogous section of the Rehabilitation Act of 1973). The ALJ appropriately found that Rusinov is a handicapped individual under the meaning of the FHA, and Petitioners do not challenge that finding.

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