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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
1996-08-26

Other Sections in This Document (35)

Full Text

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15
Petitioners cannot prevail on this issue because Petitioners' action still falls short of providing a "reasonable accommodation." Rusinov's complaint suggested two possible solutions, but both suggestions were simply alternative means to the end that is at issue in all FHA cases of this type: a request for a reasonable accommodation. Rusinov's complaint, in the same paragraph that offered the alternative solutions, stated that Petitioners had violated the FHA by their "failure to make a reasonable accommodation...." The FHA does not create a right to an assigned handicapped space any more than it creates a right to an increase in the number of handicapped parking spaces at RPA. The FHA does create a statutory right to a "reasonable accommodation." 42 U.S.C. § 3604(f)(3)(B). Rusinov's complaint was a request for a "reasonable accommodation."