[RPPTL LandTen] ESA

Tue Nov 5 15:02:35 PST 2019

That can happen with the hotline. However, in this situation, I do think the tenant is responsible for making the request for accommodation and it is not the responsibility of the agent involved in the transaction to disclose the existence of an ESA. I know this element was not brought up in the original question but I was providing insight from the real restate agent’s perspective. 

I look forward to seeing everyone’s opinion who practices in this area. 

Kristen King Jaiven, Esq.
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

Sent from my iPhone

> On Nov 5, 2019, at 5:53 PM, Eric Jacobs <ejacobs at nexterralaw.com> wrote:
> 
> 
> Totally agree 
> 
> Get Outlook for iOS
> From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> on behalf of Harry Heist <harry at evict.com>
> Sent: Tuesday, November 5, 2019 5:37:58 PM
> To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
> Subject: Re: [RPPTL LandTen] ESA
>  
> If you would like to get 5 incorrect and/or different answers to a question, consult the Realtor Legal Hotline 5 times and speak with a different person each time.
>  
> Harry
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> HEIST, WEISSE & WOLK P.A.
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> Email: harry at evict.com
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> From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Kristen Jaiven
> Sent: Tuesday, November 05, 2019 5:27 PM
> To: RPPTL Landlord Tenant Committee
> Subject: Re: [RPPTL LandTen] ESA
>  
> Some associations have a specific ESA application. Associations with a pet application only wouldn’t be notified of the ESA (since the ESA is not a pet). That is one level of disclosure.  
>  
> From the realtors perspective, we’ve been told when consulting the realtors legal hotline that the realtor  should not disclose the ESA but rely on the tenant to request the accommodation directly from the landlord and assert their rights. 
>  
> Michelle Hinden can probably shed more light on this issue. 
>  
> Kristen King Jaiven, Esq.
> 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
>  
> Sent from my iPhone
> 
> 
> On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. <csabol at sabollaw.com> wrote:
> 
> 
> Hi All,
>  
> I'm curious if anyone knows whether there is any type of ESA notice requirement on the part of the tenant prior to moving in?  I am receiving a lot of calls about tenants applying for rentals, stating they have no pets on the application, moving in and then providing the landlord with their ESA/ reasonable accommodation request within a day or two of moving in.  There seems to be a pattern of tenants intentionally concealing pets until after they move in.  It can't be a coincidence that the tenant acquires the need for the ESA the same day they move in when they apparently didn't the weeks prior to moving in while going through the application process.
>  
> Anybody have any opinion or authority on this issue?
>  
> Cary
> Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
> Law Offices of Cary P. Sabol
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