On September 7, 2020, the Michigan Court of Appeals issued a published opinion in the case of Riverbrook v Fabode, Docket No. 349065. The case requires lower courts statewide to conduct an expert testimony gatekeeping type process under Michigan Rule of Evidence 702 for medical professionals who provide certifications for emotional support animals. The Riverbrook decision interpreted the federal Fair Housing Act and, by implication, will likely be treated as an interpretation of the Michigan Persons With Disabilities Civil Rights Act. As a published decision, the Riverbrook decision becomes a binding precedent throughout the State of Michigan for evaluating requests for emotional support animals.

Defendants contacted the Fair Housing Center after the Court of Appeals issued its decision. On December 8, 2020, the Center, on Defendants’ behalf, filed an Application for Leave to Appeal with the Michigan Supreme Court. The Application asks the Michigan Supreme Court to reverse the Court of Appeals’ adoption of a Michigan Rule of Evidence 702 approach to emotional support animal requests. The Application asks that the Michigan Supreme Court adopt HUD’s detailed January 28, 2020 Assistance Animals Guidance concerning requests for service and emotional support animals in housing. Courts in other states have already adopted HUD’s Assistance Animals Guidance.

Defendants contacted the Fair Housing Center after the Court of Appeals issued its decision. On December 8, 2020, the Center, on Defendants’ behalf, filed an Application for Leave to Appeal with the Michigan Supreme Court. The Application asks the Michigan Supreme Court to reverse the Court of Appeals’ adoption of a Michigan Rule of Evidence 702 approach to emotional support animal requests. The Application asks that the Michigan Supreme Court adopt HUD’s detailed January 28, 2020 Assistance Animals Guidance concerning requests for service and emotional support animals in housing. Courts in other states have already adopted HUD’s Assistance Animals Guidance.

• Riverbrook v. Fabode, No. 349065 (Sept. 20, 2020)
• Application for Leave to Appeal, Riverbrook v. Fabode (Mich. Supreme Ct. No. 162330)
• FHEO-2020-1, Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act , at 4 (Jan. 28, 2020) & Fact Sheet on HUD’s Assistance Animals Notice