[RPPTL LandTen] ESA / SERVICE ANIMAL VERIFICATION MILLS -- HB 721 --
Martin Lawyer
mlawyer at bals.org
Fri Feb 22 09:26:20 PST 2019
Please bear in mind that this Bill, if passed, will affect only the Florida statutory provisions on housing discrimination.
It is possible that decisions under the U.S. Fair Housing Act provisions of 42 U.S.C. § 3604(f)(3)(B) would be more liberally interpreted in favor of handicapped persons who need particular animals residing with them as “accommodations”.
In representing complainants, I insist that there be expert opinion testimony:
(1) From a treating health care professional who is knowledgeable as to both the “handicap” of the individual complainant and the need for the accommodation (not a so-called expert who has never seen the complainant in person);
(2) Stating how the particular asserted emotional support animal(s) will provide the needed accommodation (not a statement that merely says, “[complainant] needs a dog.”)
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
Bay Area Legal Services, Inc.
1302 N. 19th St., Suite # 400
Tampa, FL 33605-5230
(813) 232-1222, Ext.109
FAX: 248-9922
“Preserving Independence, Hope and Dignity”
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Trey Goldman
Sent: Friday, 22 February, 2019 11:29
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] ESA/SERVICE ANIMAL VERIFICATION MILLS
Harry, just wanted to share this bill in case you were not already aware of.
http://www.flsenate.gov/Session/Bill/2019/721/BillText/Filed/PDF
Trey Goldman
Legislative Counsel | FloridaRealtors®
200 South Monroe Street, Tallahassee, FL 32301
talk: 850.224.1400 x2505
direct: 850.521.3277
visit: http://www.floridarealtors.org<http://www.floridarealtors.org/>
Facebook: http://www.floridarealtors.org/facebook
Twitter: http://www.floridarealtors.org/twitter
The Voice for Real Estate® in Florida
From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> On Behalf Of Harry Heist
Sent: Friday, February 22, 2019 10:40 AM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] ESA/SERVICE ANIMAL VERIFICATION MILLS
I guess because of our size, we see this non stop.
These are all internet “therapists” of LCSWs working for some of these companies.
Usually $59 to $99 to be diagnosed.
So far we have dealt with the below companies.
Some of them are using people in Florida now but prior, most were using them from another state.
The problem is that HUD has not come out with guidelines in YEARS.
Harry
SARA (Service Animal Registry of America)
USARplus (United Service Animal Registry)
Goldstar German Shepherds
SDA (Service Dogs America)
Registered Service Dog
SDCA (Service Dog Certification of America, aka Certify My Dog)
NSAR (National Service Animal Registry)
American Service Dogs
Service Dog ID
Certified Service Dog
National Association of Service Dogs
Service Dog Tags, Free My Paws
CRTASA USSDR
https://www.usservicedogregistry.org
http://usdogregistry.org
https://www.esaregistration.org
https://www.officialservicedogregistry.com
https://www.registermyserviceanimal.com/
http://registerservicedogs.com
https://www.nsarco.com/
https://thedogtor.net
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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 James Glover
Sent: Thursday, February 21, 2019 9:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] ESA/SERVICE ANIMAL VERIFICATION MILLS
We accept therapist notes, and if someone gave me an LCSW note (after having only 30 seconds of research), I'd probably also accept it. In my experience, most people can go to their local primary care physician and get an ESA doctors note for a $30 copay, so it's not worth fighting about internet therapists versus local therapists.
Admittedly, I have only had 1 person attempt using an internet ESA note, and it wasn't signed by a doctor or therapist or anybody for that matter. On that website, a doctor's note was a $60 upcharge. If it's a huge problem and you think a person is acting fraudulently in violation of the statute, consider filing a police report.
--
James Glover
office:
772.888.0865
cell: 954.254.0436
email: GloverJamesR at gmail.com<mailto:GloverJamesR at gmail.com>
On Thu, Feb 21, 2019 at 11:54 AM Harry Heist <harry at evict.com<mailto:harry at evict.com>> wrote:
Thanks James and Bob,
The problems we are facing are the online LCSWs or therapists that have no contact with the “patient” other than a $79 online consultation where the patient answers 10 questions online.
Getting a legit letter from a legit doctor is not the problem.
How are you all dealing with these? We see the same ones over and over.
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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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>] On Behalf Of James Glover
Sent: Wednesday, February 20, 2019 5:56 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] ESA/SERVICE ANIMAL VERIFICATION MILLS
Here's my management company's perspective on it, because we deal with a lot of these requests.
Our properties allow "normal" pets (size, type, and number) with pet rent and a pet deposit. Consequently, our ESA impact is only a loss of pet rent and deposit. If the resident brings us a note or prescription from a real doctor or therapist, and has a normal animal, then we accept the ESA request. We confirm with the doctor that it's a real note, but don't inquire further. Tenants sign ESA paperwork referencing the criminal statute 413.08, but we aren't investigating whether the physician and resident are violating the law. In my experience, requiring the doctors note deters most people with illegitimate claims from online websites. Even if the doctor's note and ESA are illegitimate, my property owners are OK taking the "loss" on pet rent.
However, we have seen a lot of people that use the ESA process to try and get pit bulls and other unusual animals into our properties. We also had an applicant claim 5 ESA animals for a one bedroom apartment. Requiring a doctors note usually deters those people from the start. However, even if they follow through and give us the doctor note for the pit bull, we use the attached HUD memo as a way to kick the problem to our insurance company, or local ordinances to prove the accommodation is unreasonable.
James
--
James Glover
office:
772.888.0865
cell: 954.254.0436
email: GloverJamesR at gmail.com<mailto:GloverJamesR at gmail.com>
On Wed, Feb 20, 2019 at 3:54 PM Harry Heist <harry at evict.com<mailto:harry at evict.com>> wrote:
I am curious to see how you all are dealing with tenants and applicants who are claiming ESA/Service Animals and providing “proof” of need and disability from in and out of state mills.
Have any of you litigated one of these yet?
We see them weekly. It is usually a LCSW who operates somewhere in the US and now many of these mills are getting ones that operate in each state.
Attached is one my client paid for to show how easy it is to get this.
We are seeing the same LCSW over and over with the larger mills such as CERTIPET.
We have advised clients to deny in many cases but nothing has been litigated by us yet.
The applicant has just gone away or they removed their dog that they tried to “certify”
How are you advising your landlords or the COAs or HOAs you represent?
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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