Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry
I could easily see a Dr. writing a note saying that. My question would be is requesting either to pay late or not pay at all is a reasonable accommodation?
Cary
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-------- Original Message --------
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental
Payments and Failure to Deposit Money in Court Registry
From: Matt Siegel <matt@mgfdlaw.com>
Date: Thu, April 02, 2020 1:42 pm
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>#wmQuoteWrapper /* Font Definitions / @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4;}
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#wmQuoteWrapper div.WordSection1 {page:WordSection1;}Closest analogue I’ve seen is if the tenant is receiving disability checks that come after the late period in the lease. In those cases the property has to waive the late fee until the tenant has received their check as a reasonable accommodation.
If they’re going for a broader “my condition physically prevents me from paying on time,” that would be harder to justify. I can’t see a doctor writing a note that the tenant medically needs an extra few days to pay their rent due to their condition.
Matt
Matthew Siegel, Esq.
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From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill
Sent: Thursday, April 02, 2020 1:22 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court RegistryForgive me, I meant FHA, not ADA. To answer, your question, yes, they appear to be alleging that the disability prevented a timely rental payment.
Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.
From: landten-bounces@lists.flabarrpptl.org On Behalf Of Amanda Kison
Sent: Thursday, April 2, 2020 1:16 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court RegistryI’m confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA?
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley & Bruning P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
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We appreciate your understanding and cooperation and apologize for any inconvenience.
From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill
Sent: Thursday, April 02, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court RegistryI represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance. The accommodation is the “acceptance of rental payments upon certain conditions and stipulations.” We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus. Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before?
Thanks,
Jordan
Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
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