34 views 52 sec 0 Comment

Court of Appeals Rules The Court’s Evidentiary Gatekeeping Role Applies to Evidence Presented to Support a Request for an Emotional Support Animal (MI)

/ Owner - October 7, 2020

On September 17, 2020, the Michigan Court of Appeals, in Riverbrook v Abimbola Fabode and All Other Occupants, ___ Mich App ___ (2020) (Docket No. 349065), issued a unanimous decision finding that the district and circuit courts “abandoned their roles as the gatekeepers of evidence under MRE 702” in rejecting a landlord’s attempt to challenge the validity of documents presented by a tenant in support of his request for an accommodation permitting him to have an Emotional Support Animal (“ESA”). As a result, Associations who are determining whether to extend reasonable accommodations permitting ESAs should know that they can ask for reliable disability-related information under certain circumstances.    Read the article……………………………….

Comments are closed.