Category Archives: Emotional Support Animals

Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs

In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its deed restrictions banning fences and that a disabled owner could not erect a fence in order to keep her emotional support and service dogs in

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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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Hirzel Law, PLC featured in Michigan Lawyers Weekly

The Michigan Lawyer’s Weekly published an article on the formation of Hirzel Law, PLC by Kevin Hirzel, Matt Heron, Joe Wloszek, John Calvin, Brandan Hallaq and William Kolobaric. Kevin Hirzel, the managing member of Hirzel Law, PLC, discussed the depth of experience of the attorneys at Hirzel Law, PLC in condominium and homeowners association law. Specifically, Hirzel stated that “[w]e

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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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Prohibiting and Handling “Dangerous Animals” in an Association

Pet restrictions are a perennial topic of interest in Michigan and consistently one of the most discussed, debated and reviewed provisions in the condominium bylaws.  For example, some condominium bylaws prohibit “dangerous animals” from being brought to the condominium or kept on the condominium premises.  A sample provision may look like this: No dangerous animal shall be brought to or

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Pet Size or Weight Restrictions in Michigan Condominiums

When drafting or amending condominium bylaws, the Restrictions section—typically Article VI of the Condominium Bylaws—often garners the most feedback, review or modification. One of the key provisions within the Restrictions section addresses pet restrictions including: the registration of pets with the association, not allowing pets loose on the condominium premises, co-owners must clean the dog’s feces so as not to

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