[RPPTL LandTen] Service/ESA animal issue

Wed Feb 15 10:24:43 PST 2017

Here is guidance form the Feds.

Carol S. Grondzik, Esquire
Lutz, Bobo & Telfair, P.A.
2155 Delta Boulevard, Suite 210-B
Tallahassee, Florida 32303
Telephone: (850) 521-0890
Facsimile: (850) 521-0891

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, February 15, 2017 12:52 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Service/ESA animal issue

Forget about the ADA. Focus on the FHA.

There is a case out there where an Association had to shell out money for denying the parrot for the child with autism.

I will try to find the case.

Harry

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HEIST, WEISSE & WOLK P.A.
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FAX: 1 800 367 9038
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Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
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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: Wednesday, February 15, 2017 12:30 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Service/ESA animal issue

I was actually just about to send an email to the Listserve on this issue.  Yes, it's obvious you can go online and get all the so-called "service animal" documentation.  In fact, the one I'm dealing with even has it's website at the bottom of the letter and is so clearly a scam.

I'm wondering if anyone can provide any clarification as to when the tenant really is protected and authorized to have a service animal.  My understanding is a true service animal can only be a dog or a miniature horse that is actually trained and certified to provide physical/actual assistance to the individual.  With this documentation, I would never question the tenant's right.

However, the scam (in my humble opinion) comes from the "emotional support" animal issue.  These are where you can get any Dr. or even a letter online to state it is medically necessary.  But the situations are so absurd, for example my current situation involves a bird. My understanding is that the so-called "emotional support" issue is not protected under the ADA.

My knowledge and understanding of this issue is still a little hazy, so would love some clarification.  And please correct me if I am wrong.

Cary
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell:     (561) 281-2744
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-------- Original Message --------
Subject: [RPPTL LandTen] Service/ESA animal issue
From: "Harry Heist" <harry at evict.com<mailto:harry at evict.com>>
Date: Wed, February 15, 2017 12:16 pm
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
$99 is all it takes to get one of these.

If FAR, every other state association, NAR, NAA, CAI, NARPM and  NMHC all got together, I feel this can be fixed.

This is absurd and should be a top priority.

On top of this, so many people are confusing the FHA with the ADA.

They fixed this somewhat with the ADA but not the FHA.

As long as no one does anything, nothing will change.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
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