[RPPTL LandTen] ESA

Tue Nov 5 15:18:01 PST 2019

If an ESA/SA is not brought to the attention of an HOA or CA or at least see if they have their own Reasonable Accommodation Form or procedure, rest assured that all hell will break loose. Most agents have a looser policy on accepting the documentation required for the RA request.  The ones I see from the association attorneys are often way beyond what is probably legal.  I see it all the time.

The association attorney will come down hard on the agent and the owner putting the agent in a very bad situation. Association attorneys are hard core and relentless in these cases.

If the association has a no pet policy, we recommend to all our agent clients to disclose the SA/ESA to the association to at least see if they have their own RA documents and requirements.

In life, it is often better to ask for forgiveness rather than permission. When dealing with HOA/CA and renters, NO WAY. 

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
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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 6:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] ESA

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 

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On Nov 5, 2019, at 5:53 PM, Eric Jacobs <ejacobs at nexterralaw.com> wrote:

Totally agree 

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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

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

 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 

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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@ <mailto:Kristen at quadcompanies.com> quadcompanies <mailto:Kristen at quadcompanies.com> .com <mailto: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)

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