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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)

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Whether an accommodation is "reasonable" is a question of fact, determined by a close examination of the particular circumstances. United States v. California Mobile Home Park Management Co., 29 F.3d 1413, 1418 (9th Cir.1994). The ALJ appropriately found that the two additional handicapped spaces were not a "reasonable accommodation." Petitioners do not challenge this finding as a factual matter and the ALJ's finding was not clearly erroneous. Even after the additional spots were added, there were only eight handicapped parking spaces and one van space for the 27 tenants registered to park at RPA with handicapped stickers or tags for their vehicles. At night, the handicapped spaces and all of the parking spaces close to the entrance to Rusinov's building were usually taken. During the day, the handicapped spaces were filled between 50 percent and 75 percent of the time.