Fair Housing Compliance

Fair Housing Act Compliance /Defense

The attorneys at Hirzel Law, PLC represent condominium associations, co-operatives, homeowners associations, landlords, property managers, university housing providers and summer resorts with respect to compliance with the Federal Fair Housing Act, Michigan Elliot Larsen Civil Rights Act, Michigan Persons with Disabilities Civil Rights Act and Michigan Condominium Act.  The requirements contained in the Federal Fair Housing Act, Michigan Elliot Larsen Civil Rights Act, Michigan Persons with Disabilities Civil Rights Act and Michigan Condominium Act are extremely nuanced and complex.  The above statutes prohibit discrimination against a co-owner, owner or tenant based upon age, disability, familial status, marital status, religion, sex, race, color or national origin.  Common issues that we assist our clients with typically involve:

Common Element Modification Requests
Disability Discrimination
Emotional Support Pets
Handicap Parking
Holiday Decorations
Hostile Environments
Pool Rules
Reasonable Accommodations
Religious Discrimination
Restrictions on Children
Service Animals
Sexual Harassment
Transgender Discrimination
Wheelchair Ramps

Compliance

The attorneys at Hirzel Law, PLC are experienced in helping our clients avoid potential civil rights violations before they occur.  We review advertisements, master deeds, bylaws, covenants, declarations, deed restrictions, leases, rules and regulations to determine whether our housing provider clients have potential exposure to a civil rights claim.  We assist our clients by making sure that their advertisements, governing documents, lease agreements and operating procedures are compliant with the Federal Fair Housing Act, Michigan Elliot Larsen Civil Rights Act and Michigan Persons with Disabilities Civil Rights Act.  We provide education and training sessions to our clients in addition to rewriting their governing documents to avoid civil rights claims.

Administrative Complaints

The Michigan Department of Civil Rights is responsible for administering complaints under the Federal Fair Housing Act, Michigan Elliot Larsen Civil Rights Act and Michigan Persons with Disabilities Civil Rights Act.  After a person files an administrative complaint, the Michigan Department of Civil Rights will assign an investigator and request that a response be provided to the allegations.  It is critical that condominium associations, co-operatives, homeowners associations, landlords, property managers, university housing providers and summer resorts retain counsel upon being notified of a complaint.  We assist our clients through the investigation process, in the negotiation of conciliation agreements, in mediation and in administrative hearings.  Respondents that have been found to violate can be subject to actual damages, injunctive relief, the payment of attorney’s fees and costs or a civil penalty.  Civil penalties can be up to $100,000 depending on the number of violations and circumstances surrounding the allegations.

Litigation

Civil rights claims can be filed in state or federal court. Claims would be filed by an individual, the Michigan Attorney General or the Department of Justice.  Claims can be filed under the Federal Fair Housing Act, Michigan Elliot Larsen Civil Rights Act and Michigan Persons with Disabilities Civil Rights Act.  It is critical that condominium associations, co-operatives, homeowners associations, landlords, property managers, university housing providers and summer resorts retain counsel upon being notified of a complaint as there is potential for significant liability related to fair housing claim.  We zealously represent the interests of our clients in litigating civil rights claim in both state and federal court.

Address

Hirzel Law, PLC
37085 Grand River Ave., Ste 200
Farmington, MI 48335
(248) 478-1800

HOURS

Mon-Fri: 8:30am-5:00pm
Sat-Sun: Closed

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