[RPPTL LandTen] Service/ESA animal issue

Mon Feb 20 07:42:53 PST 2017

Thank you for sending the guidance & for the thoughtful discussion.

Our company's compliance and training teams are working on these issues on
a weekly basis. As our company is a group of real estate professionals, we
are trying very hard to insulate ourselves from potential claims FH/ADA
claims by making sure all decisions made in connection with accepting or
denying an accommodation for a service animal comes directly from an
association or landlord. We service our customers (service animal or not)
the same way we would treat any other customer.

I will say, from experience,  many real estate agents do not know about the
rules regarding service/emotional support animals. We have had outside
agents demand pet deposits and refuse to present offers. However, we have
been able to avoid some issues by directing outside agents to some of the
great articles the Florida Association of Realtors have drafted on the
subject.

Kristen King Jaiven
General Counsel
The Signature Real Estate Companies
901-C Clint Moore Road
Boca Raton, FL 33487
Ph: 561.705.0140
Direct Line: 561-300-6921
Email: Kristen at quadcompanies.com
www.SignatureRealEstateCompanies.com
<http://www.signaturerealestatecompanies.com/>

On Wed, Feb 15, 2017 at 1:24 PM, Carol S. Grondzik <csgrondzik@
floridahousinglaw.com> wrote:

> Here is guidance form the Feds.
>
>
>
> *Carol S. Grondzik, Esquire*
>
> Lutz, Bobo & Telfair, P.A.
>
> 2155 Delta Boulevard, Suite 210-B
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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
>
>
>
>
>
>
>
>
> *LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428
> <(800)%20253-8428> FAX: 1 800 367 9038 <(800)%20367-9038> "Serving the
> Property Management Professional" Website:  **www.evict.com*
> <http://www.evict.com/>
> * Email: **harry at evict.com* <harry at evict.com>
>
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> *From:* landten-bounces at lists.flabarrpptl.org [
> mailto:landten-bounces at lists.flabarrpptl.org
> <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 *
>
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> -------- Original Message --------
> Subject: [RPPTL LandTen] Service/ESA animal issue
> From: "Harry Heist" <harry at evict.com>
> Date: Wed, February 15, 2017 12:16 pm
> To: "'RPPTL Landlord Tenant Committee'" <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
> <(800)%20253-8428> FAX: 1 800 367 9038 <(800)%20367-9038> "Serving the
> Property Management Professional" Website:  **www.evict.com*
> <http://www.evict.com/>
> * Email: **harry at evict.com* <harry at evict.com>
>
> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
>
>
> *Visit us on Facebook*
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