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

DW
David Weisman
Thu, Nov 7, 2019 4:09 PM

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@gmlaw.commailto:David.Weisman@gmlaw.com
www.GMlaw.comhttp://www.gmlaw.com/

[gm-horizontal-bw_nolaw2 (2)]

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Leonard Cabral
Sent: Thursday, November 7, 2019 10:54 AM
To: RPPTL Landlord Tenant Committee landten@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@sabollaw.commailto:csabol@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
Cell:    (561) 281-2744
Fax:    (888) 316-2881

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** 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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-------- Original Message --------
Subject: Re: [RPPTL LandTen] ESA
From: Kristen Jaiven <kristen@quadcompanies.commailto:kristen@quadcompanies.com>
Date: Tue, November 05, 2019 6:02 pm
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@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
901-C Clint Moore Roadx-apple-data-detectors://1/0
Bocax-apple-data-detectors://1/0 Ratonx-apple-data-detectors://1/0, FL 33487x-apple-data-detectors://1/0
Ph: 561.705.0140tel:561.705.0140
Direct Line: 561-300-6921tel:561-300-6921
Email: Kristen@mailto:Kristen@quadcompanies.comquadcompaniesmailto:Kristen@quadcompanies.com.commailto:Kristen@quadcompanies.com

Sent from my iPhone

On Nov 5, 2019, at 5:53 PM, Eric Jacobs <ejacobs@nexterralaw.commailto:ejacobs@nexterralaw.com> wrote:

Totally agree

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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Harry Heist <harry@evict.commailto:harry@evict.com>
Sent: Tuesday, November 5, 2019 5:37:58 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@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

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com [evict.com]https://urldefense.com/v3/__http:/www.evict.com/__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_0Rzs8YU$
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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: 561.705.0140tel:561.705.0140
Direct Line: 561-300-6921tel:561-300-6921
Email: Kristen@mailto:Kristen@quadcompanies.comquadcompaniesmailto:Kristen@quadcompanies.com.commailto:Kristen@quadcompanies.com

Sent from my iPhone

On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. <csabol@sabollaw.commailto:csabol@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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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@gmlaw.com<mailto:David.Weisman@gmlaw.com> www.GMlaw.com<http://www.gmlaw.com/> [gm-horizontal-bw_nolaw2 (2)] From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Leonard Cabral Sent: Thursday, November 7, 2019 10:54 AM To: RPPTL Landlord Tenant Committee <landten@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@sabollaw.com<mailto:csabol@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 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. <sigimg0> <sigimg1> _________________________________________________________________________________________________________________ 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. -------- Original Message -------- Subject: Re: [RPPTL LandTen] ESA From: Kristen Jaiven <kristen@quadcompanies.com<mailto:kristen@quadcompanies.com>> Date: Tue, November 05, 2019 6:02 pm To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@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 901-C Clint Moore Road<x-apple-data-detectors://1/0> 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@quadcompanies.com>quadcompanies<mailto:Kristen@quadcompanies.com>.com<mailto:Kristen@quadcompanies.com> Sent from my iPhone On Nov 5, 2019, at 5:53 PM, Eric Jacobs <ejacobs@nexterralaw.com<mailto:ejacobs@nexterralaw.com>> wrote:  Totally agree Get Outlook for iOS [aka.ms]<https://urldefense.com/v3/__https:/aka.ms/o0ukef__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_AD4Xypo$> ________________________________ From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Harry Heist <harry@evict.com<mailto:harry@evict.com>> Sent: Tuesday, November 5, 2019 5:37:58 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: Re: [RPPTL LandTen] ESA If you would like to get 5 incorrect and/or different answers to a question, consult the Realtor Legal Hotline 5 times and speak with a different person each time. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com [evict.com]<https://urldefense.com/v3/__http:/www.evict.com/__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_0Rzs8YU$> Email: harry@evict.com<mailto:harry@evict.com> [facebook.com]<https://urldefense.com/v3/__https:/www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_zTQUXoM$> <image001.png> [facebook.com]<https://urldefense.com/v3/__https:/www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_zTQUXoM$> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@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@quadcompanies.com>quadcompanies<mailto:Kristen@quadcompanies.com>.com<mailto:Kristen@quadcompanies.com> Sent from my iPhone On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. <csabol@sabollaw.com<mailto:csabol@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. <sigimg0> <sigimg1> _________________________________________________________________________________________________________________ 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten [mailman.fsr.com]<https://urldefense.com/v3/__http:/mailman.fsr.com/mailman/listinfo/landten__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_j3cM9Kg$> This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. Quad Realty Investments, Inc. d/b/a The Signature Real Estate Companies 901-C Clint Moore Road Boca Raton, FL 33487 Email Abuse Reporting: it@quadcompanies.com<mailto:it@quadcompanies.com> _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten [mailman.fsr.com]<https://urldefense.com/v3/__http:/mailman.fsr.com/mailman/listinfo/landten__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_j3cM9Kg$> This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. Quad Realty Investments, Inc. d/b/a The Signature Real Estate Companies 901-C Clint Moore Road Boca Raton, FL 33487 Email Abuse Reporting: it@quadcompanies.com<mailto:it@quadcompanies.com> ________________________________ _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten [mailman.fsr.com]<https://urldefense.com/v3/__http:/mailman.fsr.com/mailman/listinfo/landten__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_j3cM9Kg$> _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten<https://urldefense.com/v3/__http:/mailman.fsr.com/mailman/listinfo/landten__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_j3cM9Kg$> GREENSPOON MARDER LLP LEGAL NOTICE The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, "written advice" as defined in Section 10.37 of Treasury Department Circular 230. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.
LH
Les H. Stevens, Esquire
Thu, Nov 7, 2019 4:17 PM

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

Les H. Stevens, Esquire

Les H. Stevens, P.A.

5301 North Federal Highway

Suite 130

Boca Raton, Florida 33487

Tel: 561-989-9797

Fax: 561-989-8484

E-Mail:  mailto:lesstevens@earthlink.net lesstevens@earthlink.net


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WE DO NOT ACCEPT OR REQUEST CHANGES TO WIRING INSTRUCTIONS VIA EMAIL OR FAX. Always call to verify

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of David Weisman
Sent: Thursday, November 07, 2019 11:10 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Cc: Personal _ David Weisman LT {F8106045}.Active@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@gmlaw.com mailto:David.Weisman@gmlaw.com

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

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org  <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Leonard Cabral
Sent: Thursday, November 7, 2019 10:54 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@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@sabollaw.com mailto:csabol@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

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.

<sigimg0> <sigimg1>

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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

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

Sent from my iPhone

On Nov 5, 2019, at 5:53 PM, Eric Jacobs <ejacobs@nexterralaw.com mailto:ejacobs@nexterralaw.com > wrote:



Totally agree

Get Outlook for iOS [aka.ms] https://urldefense.com/v3/__https:/aka.ms/o0ukef__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_AD4Xypo$


From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org  <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > on behalf of Harry Heist <harry@evict.com mailto:harry@evict.com >
Sent: Tuesday, November 5, 2019 5:37:58 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@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

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  https://urldefense.com/v3/__http:/www.evict.com/__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_0Rzs8YU$ www.evict.com [evict.com]
Email:  mailto:harry@evict.com harry@evict.com

[facebook.com] https://urldefense.com/v3/__https:/www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_zTQUXoM$

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Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org  [mailto:landten-bounces@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@quadcompanies.com quadcompanies mailto:Kristen@quadcompanies.com .com mailto:Kristen@quadcompanies.com

Sent from my iPhone

On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. <csabol@sabollaw.com mailto:csabol@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.

<sigimg0> <sigimg1>

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.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.


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GREENSPOON MARDER LLP LEGAL NOTICE
The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail.

Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, "written advice" as defined in Section 10.37 of Treasury Department Circular 230.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.

David…..you’ve seen 1 too many red-lines……. Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 Tel: 561-989-9797 Fax: 561-989-8484 E-Mail: <mailto:lesstevens@earthlink.net> lesstevens@earthlink.net _____________________________________________________________________________ OUR OFFICE NO LONGER ACCEPTS CASHIER’S CHECKS AT CLOSING. ALL FUNDS MUST BE RECEIVED IN THE FORM OF A SAME DATE WIRE TRANSFER ONLY (NO ACH TRANSFERS). WE DO NOT ACCEPT OR REQUEST CHANGES TO WIRING INSTRUCTIONS VIA EMAIL OR FAX. Always call to verify THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND/OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE DELETE IT AND NOTIFY THIS OFFICE IMMEDIATELY. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of David Weisman Sent: Thursday, November 07, 2019 11:10 AM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Cc: Personal _ David Weisman LT <{F8106045}.Active@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@gmlaw.com <mailto:David.Weisman@gmlaw.com> www.GMlaw.com <http://www.gmlaw.com/> From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> > On Behalf Of Leonard Cabral Sent: Thursday, November 7, 2019 10:54 AM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@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@sabollaw.com <mailto:csabol@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 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. <sigimg0> <sigimg1> _________________________________________________________________________________________________________________ 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. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. -------- Original Message -------- Subject: Re: [RPPTL LandTen] ESA From: Kristen Jaiven <kristen@quadcompanies.com <mailto:kristen@quadcompanies.com> > Date: Tue, November 05, 2019 6:02 pm To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org <mailto:landten@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@quadcompanies.com> quadcompanies <mailto:Kristen@quadcompanies.com> .com <mailto:Kristen@quadcompanies.com> Sent from my iPhone On Nov 5, 2019, at 5:53 PM, Eric Jacobs <ejacobs@nexterralaw.com <mailto:ejacobs@nexterralaw.com> > wrote:  Totally agree Get Outlook for iOS [aka.ms] <https://urldefense.com/v3/__https:/aka.ms/o0ukef__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_AD4Xypo$> _____ From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> <landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> > on behalf of Harry Heist <harry@evict.com <mailto:harry@evict.com> > Sent: Tuesday, November 5, 2019 5:37:58 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org <mailto:landten@lists.flabarrpptl.org> > Subject: Re: [RPPTL LandTen] ESA If you would like to get 5 incorrect and/or different answers to a question, consult the Realtor Legal Hotline 5 times and speak with a different person each time. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <https://urldefense.com/v3/__http:/www.evict.com/__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_0Rzs8YU$> www.evict.com [evict.com] Email: <mailto:harry@evict.com> harry@evict.com [facebook.com] <https://urldefense.com/v3/__https:/www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_zTQUXoM$> <https://urldefense.com/v3/__https:/www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870__;!vMT899AqH_k!zEzD2aFIEXe0f4lRz_h586JRhl6qkOU6E3wqkXqgWO3ZUaIdfvOjmRs9kJp_zTQUXoM$> <image001.png> [facebook.com] Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org <mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@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@quadcompanies.com> quadcompanies <mailto:Kristen@quadcompanies.com> .com <mailto:Kristen@quadcompanies.com> Sent from my iPhone On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. <csabol@sabollaw.com <mailto:csabol@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. <sigimg0> <sigimg1> _________________________________________________________________________________________________________________ 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. 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