We really need to create an emergency task force to come up with proper client advice for tenant screening in light of the April 4 HUD Guideline and the Supreme Court ruling. This is BIG stuff and we have no real guidance on this now. Nothing is more in question now. Nothing. 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: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 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.

Harry, I agree we need an emergency task force for this matter. The Florida Association of Realtors circulated the following article yesterday: http://www.floridarealtors.org/NewsAndEvents/article.cfm?id=336124. Thanks. Kristen King Jaiven General Counsel The Signature Real Estate Companies 901-C Clint Moore Road Boca Raton, FL 33487 Ph: 561.705.0140 Direct Line: 561-300-6921 Email: kristen@quadcompanies.com www.SignatureRealEstateCompanies.com<http://www.signaturerealestatecompanies.com/> From: <landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org>> on behalf of Harry Heist <harry@evict.com<mailto:harry@evict.com>> Reply-To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Date: Thursday, April 7, 2016 at 12:57 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: [RPPTL LandTen] Resident Selection Criteria/Screening Task Force? We really need to create an emergency task force to come up with proper client advice for tenant screening in light of the April 4 HUD Guideline and the Supreme Court ruling. This is BIG stuff and we have no real guidance on this now. Nothing is more in question now. Nothing. 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<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01D190CD.18E4D380]<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 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. 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

I would do a joint one with the condo committee so as not to duplicate efforts. I would love to serve on this as someone who represents landlords whose prospective tenants get screened by associations Deborah Marks Deborah Marks, PA 18495 South Dixie Highway Suite 134 Miami, FL 33157 305-372-9400 Sent from my iPhone > On Apr 7, 2016, at 12:57 PM, Harry Heist <harry@evict.com> wrote: > > We really need to create an emergency task force to come up with proper client advice for tenant screening in light of the April 4 HUD Guideline and the Supreme Court ruling. > > This is BIG stuff and we have no real guidance on this now. > > Nothing is more in question now. Nothing. > > 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 > Email: harry@evict.com > <image001.png> > > 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. > > > > <hud guidelines.pdf> > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

Dear Committee: For what it's worth, below is my summary of the HUD memorandum that I circulated to our property managers yesterday. If I missed something, or if you have a suggested change, please let me know. My company implemented similar changes to our criminal check procedure about 3-4 months ago because it doesn't make financial sense to arbitrarily reject tenants with minor one-off crimes, or DUI convictions from 10+ years ago. Sincerely, James ---------------------------------- New HUD guidelines prohibit us from automatically rejecting tenant applications based upon a prior arrest or criminal history. Going forward, an applicant's criminal history must be given an individual review to determine whether we should reject the applicant based on a criminal issue. After reviewing the HUD memo attached, we have four general requirements that we need to follow: First, we cannot reject a tenant because of an arrest, for any crime, where the tenant was not ultimately convicted. In the off chance that a criminal court case is pending when the tenant makes an application, we may have some leeway to review and reject (e.g. regarding creditworthiness, is the tenant going to jail and will risk skipping out on our lease?). Second, a rejection "must be necessary to achieve a substantial, legitimate, nondiscriminatory interest". To do this, we must show that the denial "accurately distinguishes between criminal conduct that indicates a demonstrable risk to resident safety and/or property and criminal conduct that does not". We have to review the specific facts relating to the arrest, including but not limited to (1) length of time between the application and the conviction; (2) facts and circumstances of the crime itself; and (3) risk to other tenants. Third, as an exception to the above, there is a federal law that allows us to continue rejecting tenants with drug distribution and drug manufacture convictions. Importantly, this exception does not include drug *possession *convictions. Finally, (and this should be obvious) our treatment of criminal issues on tenant applications must be uniform. We can't treat applicants with similar criminal issues differently based upon their race, religion, etc. As the attorney suggested in the email below, criminal backround rejections should be limited to situations where the tenant has recent or multiple convictions, and those involving theft, violence, or serious drug crimes. There is admittedly a lot of gray area, but the ultimate question is whether the tenant's conviction suggests a risk to our other tenants. ---------------------------- *--* *James Gloverc: 954.254.0436e: GloverJamesR@gmail.com <GloverJamesR@gmail.com>Linked-In <http://www.linkedin.com/pub/james-glover/21/53/739>* On Thu, Apr 7, 2016 at 1:23 PM, Kristen K. Jaiven <kristen@quadcompanies.com > wrote: > Harry, > > I agree we need an emergency task force for this matter. The Florida > Association of Realtors circulated the following article yesterday: > http://www.floridarealtors.org/NewsAndEvents/article.cfm?id=336124. > > Thanks. > > *Kristen King Jaiven* > > *General Counsel * > > *The Signature Real Estate Companies* > > *901-C Clint Moore Road* > > *Boca Raton, FL 33487* > > *Ph: 561.705.0140 <561.705.0140>* > > *Direct Line: 561-300-6921 <561-300-6921>* > > *Email: kristen@quadcompanies.com <kristen@quadcompanies.com>* > > www.SignatureRealEstateCompanies.com > <http://www.signaturerealestatecompanies.com/> > > > > > > > > > > From: <landten-bounces@lists.flabarrpptl.org> on behalf of Harry Heist < > harry@evict.com> > Reply-To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org > > > Date: Thursday, April 7, 2016 at 12:57 PM > To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> > Subject: [RPPTL LandTen] Resident Selection Criteria/Screening Task Force? > > We really need to create an *emergency task force* to come up with proper > client advice for tenant screening in light of the April 4 HUD Guideline > and the Supreme Court ruling. > > > > This is BIG stuff and we have no real guidance on this now. > > > > Nothing is more in question now. Nothing. > > > > Harry > > > > > > > > > *LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 > <1%20800%20253%208428> FAX: 1 800 367 9038 <1%20800%20367%209038> "Serving > the Property Management Professional" Website: **www.evict.com* > <http://www.evict.com/> > * Email: **harry@evict.com* <harry@evict.com> > > <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> > > > *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. > > > > > > > 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 > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >