Category Archives: Department of Housing and Urban Development (HUD)

HOA violates the Fair Housing Act by denying a service animal in the clubhouse

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association.  Based upon the facts of the case, the court determined that the homeowners association

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Avoiding Religious Discrimination Claims in Condominiums and HOA’s

Overview of Religious Discrimination under the Fair Housing Act The Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq. prohibits a condominium association or homeowners’ association from discriminating against a potential purchaser or an owner based upon religious beliefs.  42 U.S.C. §3604 provides in pertinent part: As made applicable by section 3603 of this title and except as exempted

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#communityassociationstoo: Community Associations’ Liability for Sexual Harassment Under HUD’s Hostile Environment Rules

In the summer of 2013, Kayla West began looking for a house to rent in Georgia. She came across a rental home owned by DJ Mortgage, LLC, and contacted Gene Andrews, DJ Mortgage, LLC’s property and leasing manager. Ms. West entered into a lease agreement for the rental property, and between August 2013 and October 2013, Ms. West alleged that

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WXYZ Detroit interviews Kevin Hirzel on emotional support animals and Senate Bill 663

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the increase in requests for emotional support animals and how Senate Bill 663 would help to curb requests for fake emotional support animals.   The interview discusses how requests for emotional support animals can be made under the Fair Housing Act and the Air Carrier Access Act, as emotional support animals are

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Michigan Senate Bill 663: Michigan cracks down on fake emotional support animals

On November 28, 2017, Senator Peter MacGregor introduced Senate Bill 663, which would criminalize a fake request for an emotional support animal or service animal. Requests for emotional support animals and service animals continue to increase under the Federal Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq. While a legitimate request for an emotional

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Kevin Hirzel interviewed on the HOA News Forum Podcast on May 30, 2017

It was great to be a guest on the HOA News Forum Podcast on May 30, 2017!  A link to the podcast can be found here.  Topics that were discussed are as follows: 1. What are the most common disputes in condominium and homeowners associations? Unauthorized Modifications to the Common Elements Sensory Offenses – Smells and Noises Common Element Repair

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Kevin Hirzel to present on legislation impacting condo associations at Michigan CAI annual conference on March 10, 2017

On March 10, 2017, Kevin M. Hirzel, Chairman of the Legislative Action Committee for CAI’s Michigan Chapter, will present on the following bills that are pending or have recently passed and will have a significant impact on Michigan Condominium Associations: HB 4919. Michigan House Bill 4919 would amend MCL 559.160 to prevent the inclusion of anti-lawsuit provisions in condominium documents. Anti-lawsuit

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