[RPPTL Leasing Committee] ESA

Wed Sep 16 08:19:41 PDT 2020

The online ESA certificates can be challenged.

Here is something handy from FAA plus we had the law change in July.

In speaking with most of the directors of the local HUD offices around the state, most are not looking kindly on the online certificate mills and some have told me, not in writing though, that they consider them bogus and will not proceed on complaints. 

This does not mean that online therapists, social workers, psychologists are all going to be dismissed but things have improved.

Harry

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, September 16, 2020 10:59 AM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] ESA

ESA is for an emotional support animal, not a service animal.  Service animals are treated as people for the purposes of rentals.  Only dogs and horses count, and they must be trained for a particular purpose.

ESA are not provided the same level of protection, but cannot be blocked by a “no pet” policy.  The owner can request a letter from a physician which states the need for an ESA and clearly provides the renters name.  They cannot ask why the ESA is needed.

My recommendation would be to not deny due to the ESA.  On another note.  You can get those lovely ESA certificates for $80.00 online, no doctor required.

Jennifer A. Garner, Esq.

2224 Ashley Oaks Circle, Suite 101

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, September 16, 2020 10:24 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] ESA

There is no such thing as “certification” of an animal.

It is about the person, not the animal.  

What proof did the tenant give the owner or manager that they need the reasonable accommodation? 

Harry

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, September 16, 2020 10:13 AM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage

I have a client with a small apartment building with the policy of no accepting tenants with animals.  He now have an application by someone who says his animal is ESA certified.  He asks if he can refuse the tenant on that basis and if not, refuse based on other reasons or just because he has a stronger applicant.

My gut is that my client cannot deny based on the ESA, but as I have not been keeping up on this issue, I would sure appreciate some insight.  

Thank you.

Best,

Gioia DeCarlo, Esq.

Escobar & DeCarlo, LLC

1341 SW 1st St.

Miami, FL 33135

T. 305-324-9823

F. 305-677-9295

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From: "landten-bounces at lists.flabarrpptl.org" <landten-bounces at lists.flabarrpptl.org> on behalf of RPPTL Committee <landten at lists.flabarrpptl.org>
Reply-To: RPPTL Committee <landten at lists.flabarrpptl.org>
Date: Wednesday, September 9, 2020 at 2:29 PM
To: RPPTL Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage

The Hillsborough County Sheriff did the same thing, refusing to execute all writs, even for non-residential evictions.  The Chief Judge in Hillsborough entered an Administrative Order authorizing that action.

When the governor’s order came out extending the moratorium to Covid-related rent issues only, the Chief Judge amended his AO (attached) to rescind the Sheriff’s right to stay execution of Writs of Possession, so now the Sheriff is executing on non-residential Writs.

Perhaps the PB Sheriff and Chief judge could be influenced by what happened in Hillsborough and at least open up to non-residential evictions and those not falling under the factual scenario set forth in the Governor’s Order.  I’ve had several judges and Clerks of Court in Pasco, Pinellas and Hillsborough not understand the difference between the 2 types of evictions so I’ve been sending them highlighted copies of the governor’s orders.  After initially refusing to act, they ultimately issued the Summons or signed the Final Judgment for Possession after receiving that information, so maybe PB County can be educated as well.

Carla Markowitz

Attorney at Law

P.O. Box 20582

Tampa, FL 33622

813.280.2874

From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, September 9, 2020 1:52 PM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage

The PBC Sheriff is an elected official, so I don't think he answers to the Mayor or County Commission, he's independently elected.  And in any event, PBC has not declared a state of emergency, the Sheriff has just unilaterally decided not to serve writs.

Anyhow, thanks for the comments.

Cary

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

Law Offices of Cary P. Sabol 

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-------- Original Message --------
Subject: Re: [RPPTL Leasing Committee] Use of Commercial Condominium
Unit for Storage
From: RPPTL Real Estate Leasing Committee
<landten at lists.flabarrpptl.org>
Date: Wed, September 09, 2020 1:39 pm
To: <landten at lists.flabarrpptl.org>

Superbly dispositive point Ms. Marks.

Best,

Joe

Joseph P. George, Jr., Esq.

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, September 09, 2020 1:32 PM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage

Don’t forget that the Sheriff is a county employee. Miami-Dade is not serving because of a Mayor’s order. Supreme Court Order would not help.

Deborah Marks

Deborah Marks, PLLC

18495 South Dixie Highway

Suite 134

Miami, FL 33157

305-372-9400

Sent from my iPhone

On Sep 9, 2020, at 1:13 PM, RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org> wrote:

I agree with all that.  The burden is clearly on the tenant to raise the defense, but that's not even the issue.  I have a list of Final Judgment of Eviction signed by Judges where the Sheriff just says "sorry we aren't serving them, no matter what the Judge says."

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 Leasing Committee] Use of Commercial Condominium
Unit for Storage
From: RPPTL Real Estate Leasing Committee
< <mailto:landten at lists.flabarrpptl.org> landten at lists.flabarrpptl.org>
Date: Wed, September 09, 2020 11:57 am
To: < <mailto:landten at lists.flabarrpptl.org> landten at lists.flabarrpptl.org>

Yes, but under what authority are they refusing to serve residential?  Under DeSantis’ most recent order, it would seem that eviction can proceed but tenants can avoid if they establish COVID-related financial hardship.  Under CDC Rule, it would seem that eviction can proceed unless the tenant has executed and delivered the required affidavit.  Seems that both of these are defenses to be established by the defendant, and not a prohibition against commencing the action and effectuating service.

I think what we need (and have needed since DeSantis’ first order) is a FL Supreme Court administrative ruling for all Florida courts/sheriffs/etc. providing clear instructions how the respective partis should be treating residential evictions.

Just my $0.02.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, September 9, 2020 11:28 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage

Residential; they are serving writs for commercial evictions.

***PLEASE NOTE NEW ADDRESS****

Lainie J. Simon, Esq. 

Of Counsel, Gross Hoffman PLLC

490 E. Palmetto Park Road, Suite 101

Boca Raton, FL  33432

561.445.1361 

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On Sep 9, 2020, at 10:59 AM, RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org> wrote:

Hi All,

I have just been informed that the PBC Sheriff will not serve or execute any writs of possession whatsoever, no matter what the basis of the case.  The CDC Order clearly exempts any cases that are not based on nonpayment of rent and of course there are a number of other types of cases that end in writs of possession that are not eviction related.

I was not aware the Sheriff's office had the authority to refuse to follow a Court Order.   I'm assuming PBC is not the only County Sheriff making this decision, so I'm wondering if anyone has considering taking legal action to force the Sheriffs to do their job and comply with Court Orders.

I know back in March and April it seemed like a wasted effort thinking "this will all be over soon."  But now we are looking at 9 months of forcing landlords to bear the financial burden of a national crisis and there's no reason to think it wouldn't be extended again after January 1, 2021.

/s/ #FrustratedSeekingRationalSolutions

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.

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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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-------- Original Message --------
Subject: Re: [RPPTL Leasing Committee] Use of Commercial Condominium
Unit for Storage
From: RPPTL Real Estate Leasing Committee
< <mailto:landten at lists.flabarrpptl.org> landten at lists.flabarrpptl.org>
Date: Tue, September 08, 2020 11:45 am
To: " <mailto:landten at lists.flabarrpptl.org> landten at lists.flabarrpptl.org" < <mailto:landten at lists.flabarrpptl.org> landten at lists.flabarrpptl.org>

No.

Carlos R. Arias

AriasBosinger

 <tel:4076362549> P | 407.636.2549

 <tel:3212802489> F | 321.280.2489

140 N. Westmonte Drive, Ste.  203

Altamonte Springs, FL 32714

In compliance with the Fair Debt Collection Practices Act, this law firm is a debt collector and may be attempting to collect a debt.  Any information provided will be used for that purpose. 

From:  <mailto:landten-bounces at lists.flabarrpptl.org> landten-bounces at lists.flabarrpptl.org < <mailto:landten-bounces at lists.flabarrpptl.org> landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Tuesday, September 8, 2020 11:40 AM
To:  <mailto:landten at lists.flabarrpptl.org> landten at lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage

Did the owner of the masks have exclusive control and possession of the space? 

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From:  <mailto:landten-bounces at lists.flabarrpptl.org> landten-bounces at lists.flabarrpptl.org < <mailto:landten-bounces at lists.flabarrpptl.org> landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Tuesday, September 8, 2020 10:36 AM
To: RPPTL Landlord Tenant Committee < <mailto:landten at lists.flabarrpptl.org> landten at lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage

Team:

I have a commercial landlord who allowed an entity to store masks in one of their commercial condo units on a temporary basis.  The client did not charge a fee for the storage.  Client required only the execution of an indemnification.  The owner of the entity has MIA or otherwise unresponsive.  Our client has a potential tenant for the space and needs the 30 palettes of boxes removed.  No good deed …

Since no rent was exchanged, does a landlord/tenant relationship exist?

The unit is not real property designed and used for the purpose of renting or leasing individual storage space so I do not believe the Self-Storage Facility Act applies.  Anyone disagree?

If neither the Self-Storage Facility Act or Non-Residential Landlord/Tenant Act apply, can client just dispose of the masks as they see fit?  They want to donate them to the county.

Best regards,

Carlos R. Arias

Board Certified Condominium & Planned Development Attorney

P | 407.636.2549 <tel:4076362549> 

F | 321.280.2489 <tel:3212802489> 

140 N. Westmonte Drive, Ste.  203

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