Jankowski Lee & Associates v. Cisneros

Andrew Rusinov (plaintiff) was a tenant at the River Park Apartments, which was managed by Jankowski Lee & Associates (River Park) (defendants). Rusinov also had multiple sclerosis (MS). The apartments had more than 100 parking spaces, which were for tenants on a first-come, first-served basis. In 1993, there were four spaces for individuals with disabilities. Due to his MS, Rusinov required extra space to get out of his car and needed to park close to his building. Rusinov and his father visited River Park’s management office to request either an assigned space or more spaces for individuals with disabilities. Although River Park’s manager knew of Rusinov’s disability, she denied both requests. The manager later claimed she did not know the full impact of Rusinov’s MS on his mobility. Rusinov then filed a complaint with the Department of Housing and Urban Development (HUD) for violating the Fair Housing Act (FHA) by discriminating against him based on his MS. After the complaint, River Park increased the number of parking spaces available for individuals with disabilities. The complaint was tried before an administrative-law judge (ALJ), who determined that River Park discriminated against Rusinov by failing to accommodate him. The ALJ enjoined River Park from further discrimination and imposed damages and penalties. HUD then adopted the ALJ’s decision, which River Park appealed. River Park argued that the final decision was erroneous for two reasons: (1) River Park was not aware of the extent of Rusinov’s limited mobility and (2) River Park granted Rusinov’s request for more spaces after the complaint was filed.