X-MimeOLE: Produced By Microsoft Exchange V6.5 Received: from mailgate.shutts-law.com ([10.100.2.16]) by sbexmail-1.shuttslaw.sb with Microsoft SMTPSVC(6.0.3790.3959); Tue, 30 Dec 2008 09:54:25 -0500 MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----_=_NextPart_003_01C96A8E.81A8E680" Received: from sbironport1.shutts-law.com (ironport.shutts-law.com [10.2.2.3]) by mailgate.shutts-law.com (Tumbleweed MailGate) with ESMTP id C995A7ED418 for ; Tue, 30 Dec 2008 09:54:54 -0500 (EST) Received: from elasmtp-masked.atl.sa.earthlink.net ([209.86.89.68]) by sbironport1.shutts-law.com with ESMTP; 30 Dec 2008 09:54:24 -0500 Received: from [24.110.114.160] (helo=Early2007) by elasmtp-masked.atl.sa.earthlink.net with esmtpa (Exim 4.67) (envelope-from ) id 1LHfzC-0005Vu-TZ; Tue, 30 Dec 2008 09:54:23 -0500 Content-class: urn:content-classes:message Subject: RE: proposed legislation re: access due to death of tenant Date: Tue, 30 Dec 2008 09:54:15 -0500 Message-ID: In-Reply-To: X-MS-Has-Attach: X-MS-TNEF-Correlator: Thread-Topic: proposed legislation re: access due to death of tenant thread-index: AclqjDAVSbeZVV4dRbqaV59FidXmIgAAcYCw References: From: "Mary Ellen Early" To: "Neil B. Shoter" Cc: "Gail Matillo" This is a multi-part message in MIME format. ------_=_NextPart_003_01C96A8E.81A8E680 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Dear Neil, =20 I am told that it is not unusual in affordable housing complexes for the elderly. We represent about 150 apartments that were financed by HUD = for low to moderate income seniors. Some of the managers circumvent the law = and get the name of a next of kin at the time the lease is signed and then = ask that person to vacate the unit when the tenant does or moves into a NH. =20 I am copying a colleague who might know more. =20 Mary Ellen =20 Mary Ellen K. Early Senior Vice President of Public Policy Florida Association of Homes and Services for the Aging 2303 Pin Oak Dr. DeLand, Florida 32720 386/738-0503 (Deland) 850/671-3700 (Tallahassee) meearly@earthlink.net _____ =20 From: Neil B. Shoter [mailto:NShoter@shutts.com]=20 Sent: Tuesday, December 30, 2008 9:38 AM To: meearly@earthlink.net Subject: proposed legislation re: access due to death of tenant =20 Mary Ellen, I know you are out this week. I am Vice Chair of the Florida Bar's Landlord/Tenant Committee and as you can see from yesterdays long emails, we are trying to give input on your requested statutory change. Obviously, many people are out this week. It would help if you could = give me a sense of how pervasive a problem the access to premises for removal = of property is so we can gage the need for changing the statutory scheme. I = am still trying to get input from the probate side as to the effects that a statutory change might have. But any background would be helpful. =20 thanks=20 =20 Neil B. Shoter=20 Partner =20 _____ =20 Shutts & Bowen LLP=20 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL = 33401=20 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail | Biography | V-Card | Website =20 =20 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=20 of avoiding penalties that may be imposed under U.S. tax=20 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=20 taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a=20 person other than the sender or this firm of that=20 transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. =20 =20 The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. ------_=_NextPart_003_01C96A8E.81A8E680 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable

Dear = Neil,

 

I am told that it is not unusual in affordable housing complexes for the elderly.  We represent about = 150 apartments that were financed by HUD for low to moderate income seniors. = Some of the managers circumvent the law and get the name of a next of kin at = the time the lease is signed and then ask that person to vacate the unit = when the tenant does or moves into a NH.

 

I am copying a colleague who might = know more.

 

Mary = Ellen

 

Mary Ellen K. = Early

Senior Vice President of Public = Policy

Florida Association of Homes and Services for the = Aging

2303 Pin Oak = Dr.

DeLand, Florida 32720

386/738-0503 = (Deland)

850/671-3700 (Tallahassee)

meearly@earthlink.net

From: Neil = B. Shoter [mailto:NShoter@shutts.com]
Sent: Tuesday, December = 30, 2008 9:38 AM
To: = meearly@earthlink.net
Subject: proposed = legislation re: access due to death of tenant

 

Mary Ellen, I know you are out this week. I am Vice = Chair of the Florida Bar's Landlord/Tenant Committee and as you can see from = yesterdays long emails, we are trying to give input on your requested = statutory change. Obviously, many people are out this week.  It = would help if you could give me a sense of how pervasive a problem the access = to premises for removal of property is so we can gage the need for = changing the statutory scheme. I am still trying to get input from the probate = side as to the effects that a statutory change might have. But any background = would be helpful.

 

thanks 

 

Neil B. = Shoter 
Partner 

Shutts & = Bowen LLP<= /font> 
1100 CityPlace Tower, 525 Okeechobee = Boulevard | West Palm = Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561)= 822-5525
E-Mail | Biogra= phy |&nb= sp;V-Card=  | Website

 

 

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.
 
 
The =
information in this email transmission is =
privileged
and =
confidential.  If you are not the intended =
recipient,
nor the =
employee or agent responsible for delivering it =
to
the =
intended recipient, you are hereby notified that =
any
dissemination or copying of this transmission =
(including
any =
attachments) is strictly prohibited.  If you =
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received =
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reply.  Thank you.
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