Oral Arguments Before the Michigan Supreme Court in Case Involving an Emotional Support Animal
Oral Arguments Regarding the Standard for Evaluating a Disability Certification for an Assistance Animal
On October 12, 2022, the Michigan Supreme Court heard oral arguments in the case of Riverbrook v. Fabode, Mich. S. Ct. No. 162330. The arguments centered on whether the standard for evaluating disability certifications for emotional support animals under the Fair Housing Act (FHA). The Michigan Supreme Court posts oral arguments on YouTube. A link to the oral arguments in Riverbrook is provided below.
The background of this case was discussed in greater detail in a prior post. In the published decision in Riverbook v. Fabode, 333 Mich. App. 645 (2020), the Michigan Court of Appeals held that the disability certification in the case should be reviewed under Rule 702 of the Michigan Rules of Evidence. Rule 702 governs the admissibility of expert witness testimony.
The Fair Housing Center is representing Defendant-Appellant Abimbola Fabode. The Center is urging the Michigan Supreme Court to give deference to HUD’s 2020 Assistance Animals Guidance as the most appropriate standard for evaluating disability certifications for assistance animals under the FHA. It is unaffordable for the overwhelming percentage of persons with disabilities to cover the high cost of retaining a health care provider who can satisfy the strict expert witness requirement of Rule 702.
There is no time limit as to when the Michigan Supreme Court will issue its decision. In general, decisions are issued in approximately 2-4 months following oral arguments.
