In Estate of Romig v Boulder Bluff Condominiums, a published Michigan Court of Appeals opinion, the unit owner requested that the condominium association approve installation of a railing on the porch and stairs of the condominium unit. The request was initially denied, but the a second request was submitted with disability information and the need for the rails. This request was subsequently approved. However, the plaintiff had fallen twice before the approval and subsequently died.
His estate filed suit claiming discrimination under Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA), which prohibits discrimination “in connection with a real estate transaction.” “Real estate transaction” is defined by the Act as the sale, exchange, rental or lease of real property or an interest therein. Because the decedent purchased the unit nine years before the modification request was made, the decedent was not engaged in a real estate transaction and thus the PWDCRA did not provide a cause of action.
NOTE: this case has gone through additional appeals; this opinion has been vacated. See this post.