[RPPTL LandTen] Residential LL/T Act Revision

Sat Aug 27 16:17:48 PDT 2011

Comments for additions to the Residential LL/T statute: 

Florida LL/T act is silent on many public housing issues even though the
federal regulations do not preempt the state statute.  I propose the
following language which is similar to a NJ statute. This language is
limited to public housing and only pertains to public housing tenants:

1.	A tenant in public housing or  under the control of a public housing
authority or redevelopment agency, who has substantially violated or
breached any of the covenants or agreements contained in the lease for the
rental premises pertaining to illegal uses of controlled dangerous
substances, or other illegal activities, the right of termination of the
lease is reserved to the landlord if the violation of the lease agreement is
such that the lease provision or agreement conforms to federal guidelines
regarding such lease provisions and was contained in the lease at the
beginning of the lease term. The trial Court is responsible to determine
whether the landlord "exercised its discretion in a manner consistent with
federal or state statute or regulation or if the landlord abused its
discretion in terminating the tenant’s lease. 

Florida LL/T act is silent if a public housing authority PHA has to consider
any factors in deciding whether, and whom, to evict. I propose the following
language with is consistent with a HUD advisory letter attached hereto.

2.	In good faith, the PHA shall consider all circumstances relevant to
a particular case such as the seriousness of the offending action, the
extent of participation by the leaseholder in the offending action, the
effects that the eviction would have on family members not involved in the
offending activity and the extent to which the leaseholder has shown
personal responsibility and has taken all reasonable steps to prevent or
mitigate the offending action.

[taken form 24 CFR § 966.4(l)(5)(vii)(B), except the federal regulations
states “may” instead of “shall”.  The reason I have included shall is
because Florida requires the landlord to act in good faith and failure to
consider any circumstances before making a decision to evict an indigent
person making them homeless should be considered “bad faith”.  Any
individual factual disputes about whether the lease provision was actually
violated can be resolved by the trial judge in an eviction proceedings].

In support of the above is the following statement I have attached a letter
written by HUD Assistant Secretary Michael M. Liu  (Assistant to Secretary
of HUD Mel Martinez) to PHA directors encouraging them to consider
mitigating factors. 

Adding the above language to the LL/T act would establish consistency with
HUD’s  policy letter.

  _____  

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Saturday, August 27, 2011 1:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential LL/T Act Revision

We still have time to provide comments on Part 2.  End of August was our
approximate deadline.

  _____  

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Saturday, August 27, 2011 1:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential LL/T Act Revision

Albert – 

Are you still accepting comments on the Resi Landlord/Tenant statute?  

If so, till when?

Thanks,

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building 

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:       954-962-3560

Email:   Jmazor at Mazor.com

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Alberto M Cardet
Sent: Tuesday, August 09, 2011 1:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Residential LL/T Act Revision

I have compiled and attached the comments I have received regarding the
revision to the Residential Landlord Tenant Act.  I have organized them by
statute section ( in no particular order) to include the text of the statute
section, followed by the comments I have received.  If I missed you or
misquoted you please let me know.  I attempted to cut and past from the
various emails.

Please email me acardet at justice.com your availability or unavailability for
a phone conference towards the end of this week or any additional comments.

Thank you 

Albert

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