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 11:39:37 -0500 MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----_=_NextPart_003_01C96A9D.347F9C27" Received: from sbironport1.shutts-law.com (ironport.shutts-law.com [10.2.2.3]) by mailgate.shutts-law.com (Tumbleweed MailGate) with ESMTP id BFB6A7EDE64 for ; Tue, 30 Dec 2008 11:40:07 -0500 (EST) Received: from faha2.faha.org ([216.173.168.66]) by sbironport1.shutts-law.com with ESMTP; 30 Dec 2008 11:39:37 -0500 Content-class: urn:content-classes:message Subject: RE: proposed legislation re: access due to death of tenant Date: Tue, 30 Dec 2008 11:43:08 -0500 Message-ID: X-MS-Has-Attach: X-MS-TNEF-Correlator: Thread-Topic: proposed legislation re: access due to death of tenant thread-index: AclqjDAVSbeZVV4dRbqaV59FidXmIgAAcYCwAANdBPU= References: From: "Gail Matillo" To: "Mary Ellen Early" , "Neil B. Shoter" This is a multi-part message in MIME format. ------_=_NextPart_003_01C96A9D.347F9C27 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Dear Neil, =20 Good morning. =20 We worked with the Florida Apartment Association several years back on a = similar issue. Apparently, a resident had a stamp collection that was = worth some money and when the family got there to claim the property, = the facility had discarded it -- or had given the property away to a = sibling. =20 The HUD communities that Mary Ellen refers to in her email below are = given 14 days after someone moves out, to get an apartment ready for = occupancy, according to HUD handbook 4350.3. Many times, the facility = will discard the belongings, or sometimes, they store the belongings for = a short time on site. Sometimes, communities sell the belongings and the = proceeds go to the resident's associations.=20 =20 Some of our members get their residents to sign unofficial forms on what = to do with their belongings, but after sending the forms to another = attorney, Harry Heist, for review, he said that probably the forms would = not hold up in court. =20 We do not want to cause any problems for our members, but feel that this = issue could become a huge liability problem if left without clear = direction. =20 =20 Ch. 83, F.S., provides up to 60 days for apartment owners to get = apartments ready for occupancy, but HUD properties are different, since = most of them receive some sort of subsidy or they receive very-low rent. = I believe HUD thinks that tenants should move in as soon as possible. =20 Please let us know if you have heard of these problems before, and if = there is case law on landlords being held liable for a resident's = belongings. =20 =20 Thank you, Gail =20 =20 =20 ________________________________ From: Mary Ellen Early [mailto:meearly@earthlink.net] Sent: Tue 12/30/2008 9:54 AM To: 'Neil B. Shoter' Cc: Gail Matillo Subject: RE: proposed legislation re: access due to death of tenant 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 ________________________________ 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 ________________________________ 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 =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_01C96A9D.347F9C27 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable RE: proposed legislation re: access due to death of = tenant

Dear Neil,

Good morning.

We worked with the Florida Apartment Association several years back on a = similar issue.  Apparently, a resident had a stamp collection that = was worth some money and when the family got there to claim the = property, the facility had discarded it -- or had given the property = away to a sibling.

The HUD communities that Mary Ellen refers to in her email below are = given 14 days after someone moves out, to get an apartment ready for = occupancy, according to HUD handbook 4350.3.  Many times, the = facility will discard the belongings, or sometimes, they store the = belongings for a short time on site. Sometimes, communities sell the = belongings and the proceeds go to the resident's associations.

Some of our members get their residents to sign unofficial forms on what = to do with their belongings, but after sending the forms to another = attorney, Harry Heist, for review, he said that probably the forms would = not hold up in court.

We do not want to cause any problems for our members, but feel that this = issue could become a huge liability problem if left without clear = direction. 

Ch. 83, F.S., provides up to 60 days for apartment owners to get = apartments ready for occupancy, but HUD properties are different, since = most of them receive some sort of subsidy or they receive very-low = rent.  I believe HUD thinks that tenants should move in as soon as = possible.

Please let us know if you have heard of these problems before, and if = there is case law on landlords being held liable for a resident's = belongings. 

Thank you,
Gail




________________________________

From: Mary Ellen Early [mailto:meearly@earthlink.net] Sent: Tue 12/30/2008 9:54 AM
To: 'Neil B. Shoter'
Cc: Gail Matillo
Subject: RE: proposed legislation re: access due to death of tenant



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
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL = 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail <mailto:NShoter@shutts.com> = ; | Biography <http://www.shutts.com/index.= cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shot= er.cfm/>  | V-Card <http://www.shutts.com/index.= cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4b-a56f3cb8a441/Neil_B_Shot= er.cfm/>  | Website <http://www.shutts.com/>





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 have
received this email in error, please notify the sender by
email reply.  Thank you.

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