Fair Housing Act | The Michigan Community Association Law Blog

Category Archives: Fair Housing Act

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

Posted on June 12, 2019 by Kevin Hirzel

In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its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

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

Posted on April 4, 2019 by Kevin Hirzel

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

Avoiding Religious Discrimination Claims in Condominiums and HOA’s

Posted on March 5, 2019 by Kevin Hirzel

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

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

Posted on January 16, 2019 by Kayleigh Long

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

Hirzel Law, PLC featured in Michigan Lawyers Weekly

Posted on June 18, 2018 by Kevin Hirzel

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

Kevin Hirzel to speak on rental issues and emotional support animals at upcoming conference

Posted on March 1, 2018 by Kevin Hirzel

The below Condominium and HOA seminars will not only tackle the basics in proper Condominium and HOA operations, but also discuss latest developments in statutory and case law. All Things Tenants – Evictions, Rental Caps and Strategies for Communicating with Landlord Co-Owners. Date: 3/16/18 Time: 9:30am-3:30pm (Kevin Hirzel will speak from 11:15am-12:00pm) Location: Suburban Collection Showplace, 46100 Grand River, Novi, MI Details:

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

Posted on February 1, 2018 by Kevin Hirzel

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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