[RPPTL LandTen] ESA

Wed Nov 6 06:47:20 PST 2019

Agree on all points - Attached is the presentation for service animals that
was given my Michelle Hinden a few meetings ago for anyone who wants to
review.

Thanks!

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

www.SignatureRealEstateCompanies.com
<http://www.signaturerealestatecompanies.com/>

[image: Signature Partners] <http://mysignaturenetwork.com/>

On Wed, Nov 6, 2019 at 8:43 AM Eric Jacobs <ejacobs at nexterralaw.com> wrote:

> The agent lacks authority to make this decision one way or the other but
> would be well served to recommend to their client (in writing) that they
> seek advice of counsel before neglecting to disclose the present of the
> ESA/SA.  Having said that, if the animal is legit, the association coming
> down hard would be inconsequential.  I have recommended to the associations
> that I work with that they modify their forms to ask if any animals are to
> reside on premises and if so to identify them.  At least this way, there is
> a disclosure requirement without getting into the animal’s status.  If an
> animal is identified, the association can make inquiry and probe as
> appropriate (if appropriate).
>
>
>
> Eric A. Jacobs, J.D., M.B.A.
>
> Nexterra Law
>
> Board Certified Real Estate Litigation and Transactional Practice
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> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Harry Heist
> *Sent:* Tuesday, November 5, 2019 6:18 PM
> *To:* 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
> *Subject:* Re: [RPPTL LandTen] ESA
>
>
>
> 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. 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* <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
> <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
>
> 901-C Clint Moore Road
>
> Boca Raton, FL 33487
>
> Ph: 561.705.0140
>
> Direct Line: 561-300-6921
>
> Email: Kristen@ <Kristen at quadcompanies.com>quadcompanies
> <Kristen at quadcompanies.com>.com <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 <https://aka.ms/o0ukef>
> ------------------------------
>
> *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:  *
> *www.evict.com* <http://www.evict.com/>
> * Email: **harry at evict.com* <harry at evict.com>
>
> <image001.png>
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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 *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@ <Kristen at quadcompanies.com>quadcompanies
> <Kristen at quadcompanies.com>.com <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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