[RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

Thu Apr 2 14:32:01 PDT 2020

The few courts that have addressed financial accommodations have reached conflicting conclusions.  The attached reflects the 11th Circuit's thinking about these matters.

Carol

Carol S. Grondzik, Esquire
Lutz, Bobo & Telfair, P.A.
2155 Delta Boulevard, Suite 210-B
Tallahassee, Florida 32303
Telephone: (850) 521-0890
Facsimile: (850) 521-0891

This message is intended only for the use of the addressees shown above. This message contains information that may be privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient of this message, then you are hereby notified that the copying, use, forwarding or other distribution of any information or materials transmitted in or with, or as an attachment to, this message is strictly prohibited. If you received this message by mistake, then please immediately send it back to us and then immediately destroy this message. Your cooperation is appreciated.

Pursuant to the Fair Debt Collection Practices Act, it is required that we state the following to you: This is a communication from a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.

From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Matt Siegel
Sent: Thursday, April 2, 2020 1:43 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

Closest analogue I've seen is if the tenant is receiving disability checks that come after the late period in the lease.  In those cases the property has to waive the late fee until the tenant has received their check as a reasonable accommodation.

If they're going for a broader "my condition physically prevents me from paying on time," that would be harder to justify.  I can't see a doctor writing a note that the tenant medically needs an extra few days to pay their rent due to their condition.

Matt

Matthew Siegel, Esq.
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
matt at mgfdlaw.com<mailto:matt at mgfdlaw.com>
Primary Eservice: eservice at mgfdlaw.com<mailto:eservice at mgfdlaw.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 Jordan M Brill
Sent: Thursday, April 02, 2020 1:22 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

Forgive me, I meant FHA, not ADA.  To answer, your question, yes, they appear to be alleging that the disability prevented a timely rental payment.

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan at glachmanbrill.com<mailto:jordan at glachmanbrill.com>
www.glachmanbrill.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.glachmanbrill.com%2f&c=E,1,cpdhc_IQYXnSXN4pP2X1eponT0t2xHhCzRoL5S3w-PW3qJAgHe7B4r5jmT60hvHFc7PiFJDM5-PoX-1EGs6L1ufIk4mgARMp_7wpJwQzOGruIxqY&typo=1>

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan at glachmanbrill.com<mailto:jordan at glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> On Behalf Of Amanda Kison
Sent: Thursday, April 2, 2020 1:16 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

I'm confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA?

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley & Bruning P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.bentleyandbruning.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.bentleyandbruning.com%2f&c=E,1,iu7OegNuqJY6uSJlh7cqey7fLMJkTk65nDmlatcAolFS7-T7edkLJBci_Cq_VsSuv8yPF60SWhMxlkizQWRLR6WetSqiviUa0RsF1cLUQTqfD9M,&typo=1>

Please note that Bentley & Bruning is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19.  As with Firm personnel, we are asking our guests to refrain from visiting Bentley & Bruning  unless absolutely necessary.  We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

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 Jordan M Brill
Sent: Thursday, April 02, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance.  The accommodation is the "acceptance of rental payments upon certain conditions and stipulations."  We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus.  Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before?

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan at glachmanbrill.com<mailto:jordan at glachmanbrill.com>
www.glachmanbrill.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.glachmanbrill.com%2f&c=E,1,fb4zohcJ3_eG40T3NOTuYvoJFagn6LHbr0TNwfa4jcbtYYzpnGkbgl4Prn6s8k097lzCxY0AbMbQ13iY-XWlH7a6ivnC4ddpCADNOGp1TvQrtcSHRgbDjyU6&typo=1>

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan at glachmanbrill.com<mailto:jordan at glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200402/12179a73/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Schaw v Habitat for Humanity of Citrus County Inc.rtf
Type: application/rtf
Size: 1178723 bytes
Desc: Schaw v Habitat for Humanity of Citrus County Inc.rtf
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20200402/12179a73/SchawvHabitatforHumanityofCitrusCountyInc-0001.rtf>