[RPPTL LandTen] Service Animals, Emotional Support Animals etc.

Wed Aug 19 15:41:17 PDT 2015

On the serious side, one organization was working with parrots for the blind because Dogs do not see color.  Parrots can not only see colors they have binocular vision and can tell a blind person if a light is red or green etc. I don’t know how it turned out.

Actually, guide dogs (the proper terminology for a Seeing Eye Dog) usually die very early due to stress (seriously they do) so I wonder if  a guide dog could have an emotional support animal to reduce stress (maybe a Llama) ☺.

Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com
Please disregard inadvertent misspellings.

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Wednesday, August 19, 2015 4:21 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Service Animals, Emotional Support Animals etc.

There are those who truly do need emotional support animals (vets with PTSD come to mind), but my point is that even the comics recognize how silly some of the claims are

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Deborah Marks
Sent: Wednesday, August 19, 2015 4:00 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] Service Animals, Emotional Support Animals etc.

Better yet was Jimmy Kimmel a week or two ago- he had a guest who brought an emotional support llama. But, the llama got stressed at they brought out the llama's emotional support chicken. But then the chicken got stressed so they brought out the chicken's emotional support turtle. It was fabulous.

For those without Facebook- here is the bloom county piece from this morning

[image1.JPG]

Deborah Marks
Deborah Marks, PA
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400

Sent from my iPhone

On Aug 19, 2015, at 12:22 PM, Manuel Farach <MFarach at richmangreer.com<mailto:MFarach at richmangreer.com>> wrote:
You know the situation has reached the national consciousness level when comics start making fun of it.  For those of you who are fans, read today’s Bloom County

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Carlos Arias
Sent: Wednesday, August 19, 2015 12:04 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] Service Animals, Emotional Support Animals etc.

Maybe not an elephant, but there is a case out there that held a miniature pony qualified as an emotional support animal.

Best regards,

Carlos R. Arias
[Arias Bosinger Law Firm Logo-01]
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In compliance with the Fair Debt Collection Practices Act, this law firm is a debt collector and may be attempting to collect a debt.  Any information provided will be used for that purpose.

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Martin Lawyer
Sent: Tuesday, August 18, 2015 12:39 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] Service Animals, Emotional Support Animals etc.

Dear Harry (and others):

                   I can provide the perspective of the tenant/consumer of housing services in the context of the U.S. Fair Housing Act as amended in 1988 (signed into law by President Ronald Reagan).

                   The fact you most need to know about the “animal” situation is that the law’s focus is on the person  --  not the animal.  Thus, a landlord’s  or HOA’s prohibition and regulation of “pets” is fairly well useless in defense of claims under the Act.

                   The Act is found at 42 U.S.C. §§ 3601 et sequitur.

                   For your purposes, the operative statutes are § 3602(h) (definition of “handicap”) and § 3604(f) (special rights of persons with “handicaps”).  I have attached formatted versions of both statutes.

                   You also need to recognize that the Act does not protect persons with “disability”.  It protects persons with “handicap”.  “Handicap” is a much broader, more inclusive category.  If you have trouble rationalizing this, remember that with the “Education of All Children’s Handicap Act”, kids who are “gifted” and in honors classes are considered “handicapped” requiring special educational adjustments.

                   Thus, the first question of proof is:   Does the consumer have a “handicap” that is recognized by a person entitled to give opinion testimony in a court of law.  The law does not require opinion testimony; but I would never make a claim/request without its existence.

                   The second question is:   Is there a condition of the premises (or the provider’s rules) that adversely affects the consumer’s handicap?

                   The third question is:   Is there a “reasonable action” that the provider can take that will “accommodate” the consumer?

                   The one factor in the Act in the housing provider’s favor is that the action requested by the consumer must be reasonable.

                   To give an exaggerated example, the consumer may prove that he has an emotional need (not desire) to have an elephant present in the home; but no court in the U.S. would say that the provider has to allow the consumer to bring an elephant into the home.

                   However, you should know that the U.S. Dept. of HUD took a “canary” case all the way to U.S. 10th Circuit and won wherein the condo unit owner’s grandson had the emotional need for the canary.  (Both parents of this minor child were killed simultaneously.)

= = = = =

                   I hope that you find the above brief synopsis useful and a good starting point.

                                                                             Cheers !

                      Marty

                     C. Martin (Marty) Lawyer, III
                     Florida Bar # 128095
                     Bay Area Legal Services, Inc.
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, 18 August, 2015 11:51
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] Service Animals, Emotional Support Animals etc.

I have never been at such a loss in my life on one area of law.

While I am not too into learning new law at this point, maybe we can get a small subgroup together.

I had 3 of these already today.

The main issue is what proof can be asked of the applicant/tenant for the service animal need and who is qualified to provide that proof.

I have seen some wild things/forms/info requests coming out of extremely large national and Florida firms who focus on representing associations. I do not think they are legal.  I would welcome their input as they are putting their neck out on the line for these associations.

Harry

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary P. Sabol, Esq.
Sent: Tuesday, August 18, 2015 11:40 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Service Animals, Emotional Support Animals etc.

I actually attended a CLE on this issue recently and my guess would be that there probably are not any private attorneys who feel confident in this area of law right now.  Even the attorney from the housing commission who gave the presentation acknowledged there is a lot of confusion and conflicting rules when it comes to application of ADA, Fair Housing, Fed. laws and State Statutes.  I have found it's almost impossible to give the right answer to a property owner.  If one set of laws doesn't apply or allows for a certain course of action, then there always seems to be another set of laws that is the opposite.

I would love to see any CLE's or discussions on the issue because as Harry said, this is not going away.
Cary
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-------- Original Message --------
Subject: Re: [RPPTL LandTen] Service Animals, Emotional Support Animals
etc.
From: Jariel Bortnick <jariel.bortnick at gmail.com<mailto:jariel.bortnick at gmail.com>>
Date: Tue, August 18, 2015 10:58 am
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
To start, maybe we could do a section CLE on the topic?
Jariel

On Tue, Aug 18, 2015 at 10:36 AM, Harry Heist <harry at evict.com<mailto:harry at evict.com>> wrote:
We need an attorney who REALLY knows this law inside and out for referrals for questions.

We are buried in questions and requests that we cannot answer  or are uncomfortable in answering.

We just saw a Florida case the other day where a Florida attorney’s blatant bad advice cost an association over 20K

Never in 25 years have I seen this. It is totally out of control.

We have an attorney we refer all the time in Georgia but we are looking for one who knows this law inside and out in Florida and is prepared to go out on a limb and actually answer questions.

You all probably know we have a LOT of clients. This could be  good opportunity for someone who really knows the law, is keeping up on it 100% and can give a solid answer.

This stuff is NOT going away.

Harry

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