[RPPTL LandTen] ESA [IWOV-Active.FID8106045]

Thu Nov 7 08:17:53 PST 2019

David…..you’ve seen 1 too many red-lines…….

Les H. Stevens, Esquire

Les H. Stevens, P.A.

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of David Weisman
Sent: Thursday, November 07, 2019 11:10 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Cc: Personal _ David Weisman LT <{F8106045}.Active at gmlaw.imanage.work>
Subject: Re: [RPPTL LandTen] ESA [IWOV-Active.FID8106045]

In the course of reviewing and red-lining a long commercial lease, when I got to the rules section, there was a bar on animals being permitted in the offices. I added a provision that for purposes of that provision, lawyers shall not be deemed animals. 

David  Weisman

Partner

Board Certified Real Estate Lawyer

Greenspoon Marder LLP

200 E. Broward Blvd., Suite 1800

Fort Lauderdale, FL 33301    

Phone 954-491-1120 Ext. 1015

Direct Phone 954-343-6941

David.Weisman at gmlaw.com <mailto:David.Weisman at gmlaw.com> 

www.GMlaw.com <http://www.gmlaw.com/> 

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 Leonard Cabral
Sent: Thursday, November 7, 2019 10:54 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org> >
Subject: Re: [RPPTL LandTen] ESA

Responding NO to the question “any pets” is not a lie. Service animals are not considered pets. A better question on the application would be,  “are there any animals in the household”. Then it no would be a lie. I generally don’t like cheats but I really don’t like cheats when it comes to Service Animals.  It is going  to hurt the people that really need them someday. 

Sent by Leonard P Cabral 

On Nov 6, 2019, at 5:48 AM, Cary P. Sabol, Esq. <csabol at sabollaw.com <mailto:csabol at sabollaw.com> > wrote:

Hi Kristen,

Thanks for your input, it is much appreciated.  I agree that I don't feel the agent has any responsibility on the subject.  My point is we have an application that says "do you have pets..." and the tenant explicitly answers "NO" but then the day after moving in magically has an ESA pet with a letter from a Dr.  Something seems wrong with that.  Ironically, every one of my clients has no problem approving it, but they (as do I) feel that the dishonesty suggests (1) It's not really an ESA, but just a cheater trying to game the system, because someone with a true medical need would just be honest about it; and (2) They are a dishonest person who if willing to lie about one thing, will likely be willing to lie about others, which is not typically the best type of person that you want to enter into a business contract with.

Anyhow, thanks again for your input.

Cary

Cary P. Sabol, Esq. J.D. (2001), LLM (2009)

Law Offices of Cary P. Sabol 

P.O. Box 15981 | West Palm Beach | Florida | 33416 

Office: (561) 413-4449

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-------- Original Message --------
Subject: Re: [RPPTL LandTen] ESA
From: Kristen Jaiven <kristen at quadcompanies.com <mailto:kristen at quadcompanies.com> >
Date: Tue, November 05, 2019 6:02 pm
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org <mailto:landten at lists.flabarrpptl.org> >

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 

 <x-apple-data-detectors://1/0> 901-C Clint Moore Road

Boca <x-apple-data-detectors://1/0>  Raton <x-apple-data-detectors://1/0> , FL 33487 <x-apple-data-detectors://1/0> 

Ph: 561.705.0140 <tel:561.705.0140> 

Direct Line: 561-300-6921 <tel: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 5:53 PM, Eric Jacobs <ejacobs at nexterralaw.com <mailto:ejacobs at nexterralaw.com> > wrote:

Totally agree 

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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 <harry at evict.com <mailto:harry at evict.com> >
Sent: Tuesday, November 5, 2019 5:37:58 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org <mailto: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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From: landten-bounces at lists.flabarrpptl.org <mailto: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 <tel:561.705.0140> 

Direct Line: 561-300-6921 <tel: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 <mailto: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 

P.O. Box 15981 | West Palm Beach | Florida | 33416 

Office: (561) 413-4449

Cell:     (561) 281-2744

Fax:     (888) 316-2881

BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE. 

** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"

CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

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IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. 

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