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 question then is when does knowledge of a disease put managers of an apartment complex on notice of a disability. The statute clearly addresses disabilities that "significantly limit one or more of [a] person's major life activities." It does not list diseases. For if a tenant's disease creates no disability, he is hardly entitled to an accommodation. Merely listing a disease on a rental application is not enough. Had Rusinov stated on his rental application six years earlier that rather than MS, he had diabetes or even AIDS would the apartment complex be on notice of any disability which that disease might later precipitate? The disability must in any event correspond to the accommodation sought; for example the law does not require parking spaces for people with hearing disabilities. Some diseases may cause any number of disabilities. Some diabetics have no limitations, others cannot walk, while still others lose their eyesight. Would the mere fact of listing such a disease coupled with a subsequent request for an assigned spot require the provision of such a spot? The answer is clearly no. The apartment is only required to make an accommodation to a resident's disability, not to his disease.

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