Empathy List Archives

CP

Cary P. Sabol, Esq.

Tue, Nov 5, 2019 9:35 PM

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.

_________________________________________________________________________________________________________________

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.

KJ

Kristen Jaiven

Tue, Nov 5, 2019 10:27 PM

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
Direct Line: 561-300-6921
Email: Kristen@quadcompanies.com

Sent from my iPhone

On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. 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
http://mailman.fsr.com/mailman/listinfo/landten

--

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

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 Direct Line: 561-300-6921 Email: Kristen@quadcompanies.com Sent from my iPhone > On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. <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 > http://mailman.fsr.com/mailman/listinfo/landten -- 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>

HH

Harry Heist

Tue, Nov 5, 2019 10:37 PM

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: 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.

From: 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

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

Direct Line: 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 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.

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
http://mailman.fsr.com/mailman/listinfo/landten

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

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: <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. From: 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 <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 Direct Line: 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> 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 http://mailman.fsr.com/mailman/listinfo/landten 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

EJ

Eric Jacobs

Tue, Nov 5, 2019 10:50 PM

Totally agree

Get Outlook for iOShttps://aka.ms/o0ukef

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

[cid:image001.png@01D593FF.C3BF37D0]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.

From: 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.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.

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

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

Totally agree Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of Harry Heist <harry@evict.com> Sent: Tuesday, November 5, 2019 5:37:58 PM To: 'RPPTL Landlord Tenant Committee' <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<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> [cid:image001.png@01D593FF.C3BF37D0]<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. From: 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 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>

KJ

Kristen Jaiven

Tue, Nov 5, 2019 11:02 PM

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
Boca Raton, FL 33487
Ph: 561.705.0140
Direct Line: 561-300-6921
Email: Kristen@quadcompanies.com

Sent from my iPhone

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

Totally agree

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

From: 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
Direct Line: 561-300-6921
Email: Kristen@quadcompanies.com

Sent from my iPhone

On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. 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
http://mailman.fsr.com/mailman/listinfo/landten

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

--

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

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 Boca Raton, FL 33487 Ph: 561.705.0140 Direct Line: 561-300-6921 Email: Kristen@quadcompanies.com Sent from my iPhone > On Nov 5, 2019, at 5:53 PM, Eric Jacobs <ejacobs@nexterralaw.com> wrote: > > > Totally agree > > Get Outlook for iOS > From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of Harry Heist <harry@evict.com> > Sent: Tuesday, November 5, 2019 5:37:58 PM > To: 'RPPTL Landlord Tenant Committee' <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 > 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. > > > From: 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 > Direct Line: 561-300-6921 > Email: Kristen@quadcompanies.com > > Sent from my iPhone > > > On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. <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 > http://mailman.fsr.com/mailman/listinfo/landten > > 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 -- 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>

HH

Harry Heist

Tue, Nov 5, 2019 11:18 PM

If an ESA/SA is not brought to the attention of an HOA or CA or at least see if they have their own Reasonable Accommodation Form or procedure, rest assured that all hell will break loose. Most agents have a looser policy on accepting the documentation required for the RA request. The ones I see from the association attorneys are often way beyond what is probably legal. I see it all the time.

The association attorney will come down hard on the agent and the owner putting the agent in a very bad situation. Association attorneys are hard core and relentless in these cases.

If the association has a no pet policy, we recommend to all our agent clients to disclose the SA/ESA to the association to at least see if they have their own RA documents and requirements.

In life, it is often better to ask for forgiveness rather than permission. When dealing with HOA/CA and renters, NO WAY.

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.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Kristen Jaiven
Sent: Tuesday, November 05, 2019 6:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] ESA

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

Direct Line: 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 wrote:

Totally agree

Get Outlook for iOS https://aka.ms/o0ukef

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

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870 <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.

From: 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

Direct Line: 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 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.

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
http://mailman.fsr.com/mailman/listinfo/landten

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

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

If an ESA/SA is not brought to the attention of an HOA or CA or at least see if they have their own Reasonable Accommodation Form or procedure, rest assured that all hell will break loose. Most agents have a looser policy on accepting the documentation required for the RA request. The ones I see from the association attorneys are often way beyond what is probably legal. I see it all the time. The association attorney will come down hard on the agent and the owner putting the agent in a very bad situation. Association attorneys are hard core and relentless in these cases. If the association has a no pet policy, we recommend to all our agent clients to disclose the SA/ESA to the association to at least see if they have their own RA documents and requirements. In life, it is often better to ask for forgiveness rather than permission. When dealing with HOA/CA and renters, NO WAY. 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. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Kristen Jaiven Sent: Tuesday, November 05, 2019 6:03 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] ESA 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 Direct Line: 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> wrote: Totally agree Get Outlook for iOS <https://aka.ms/o0ukef> _____ From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> on behalf of Harry Heist <harry@evict.com> Sent: Tuesday, November 5, 2019 5:37:58 PM To: 'RPPTL Landlord Tenant Committee' <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: <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> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> <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. From: 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 Direct Line: 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> 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 http://mailman.fsr.com/mailman/listinfo/landten 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 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

EJ

Eric Jacobs

Wed, Nov 6, 2019 1:39 PM

The agent lacks authority to make this decision one way or the other but would be well served to recommend to their client (in writing) that they seek advice of counsel before neglecting to disclose the present of the ESA/SA. Having said that, if the animal is legit, the association coming down hard would be inconsequential. I have recommended to the associations that I work with that they modify their forms to ask if any animals are to reside on premises and if so to identify them. At least this way, there is a disclosure requirement without getting into the animal’s status. If an animal is identified, the association can make inquiry and probe as appropriate (if appropriate).

Eric A. Jacobs, J.D., M.B.A.
Nexterra Law
Board Certified Real Estate Litigation and Transactional Practice
AV Rated - Martindale Hubbell
1111 Lincoln Road, Suite 801
Miami Beach, Florida 33139
(954) 929-0679 Telephone
(954) 243-3100 Mobile

Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Tuesday, November 5, 2019 6:18 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] ESA

If an ESA/SA is not brought to the attention of an HOA or CA or at least see if they have their own Reasonable Accommodation Form or procedure, rest assured that all hell will break loose. Most agents have a looser policy on accepting the documentation required for the RA request. The ones I see from the association attorneys are often way beyond what is probably legal. I see it all the time.

The association attorney will come down hard on the agent and the owner putting the agent in a very bad situation. Association attorneys are hard core and relentless in these cases.

If the association has a no pet policy, we recommend to all our agent clients to disclose the SA/ESA to the association to at least see if they have their own RA documents and requirements.

In life, it is often better to ask for forgiveness rather than permission. When dealing with HOA/CA and renters, NO WAY.

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@01D5947D.AE287ED0]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.

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 6:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] ESA

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.com mailto:ejacobs@nexterralaw.com> wrote:

Totally agree

Get Outlook for iOShttps://aka.ms/o0ukef

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 http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
<image001.png>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.

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: 561.705.0140tel: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.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.

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

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

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

The agent lacks authority to make this decision one way or the other but would be well served to recommend to their client (in writing) that they seek advice of counsel before neglecting to disclose the present of the ESA/SA. Having said that, if the animal is legit, the association coming down hard would be inconsequential. I have recommended to the associations that I work with that they modify their forms to ask if any animals are to reside on premises and if so to identify them. At least this way, there is a disclosure requirement without getting into the animal’s status. If an animal is identified, the association can make inquiry and probe as appropriate (if appropriate). Eric A. Jacobs, J.D., M.B.A. Nexterra Law Board Certified Real Estate Litigation and Transactional Practice AV Rated - Martindale Hubbell 1111 Lincoln Road, Suite 801 Miami Beach, Florida 33139 (954) 929-0679 Telephone (954) 243-3100 Mobile Confidentiality and Relationship Disclosure. If you are reading this, congratulations, you are probably the first. For years law firms have included lengthy disclosures at the bottom of their emails which in our view are of, at best, marginal legal value. We have decided not to do that. Instead, we will ask that if you got this email and shouldn't have, let us know and please don't read it (though if you've read this, chances are that ship has sailed). Also, just because we exchange emails doesn't make us your lawyer(s). If you would like to create an attorney/client relationship, we're glad to hear it and would be happy to provide you with an engagement letter. As soon as you have received written confirmation from us, you can consider our relationship formed. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist Sent: Tuesday, November 5, 2019 6:18 PM To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] ESA If an ESA/SA is not brought to the attention of an HOA or CA or at least see if they have their own Reasonable Accommodation Form or procedure, rest assured that all hell will break loose. Most agents have a looser policy on accepting the documentation required for the RA request. The ones I see from the association attorneys are often way beyond what is probably legal. I see it all the time. The association attorney will come down hard on the agent and the owner putting the agent in a very bad situation. Association attorneys are hard core and relentless in these cases. If the association has a no pet policy, we recommend to all our agent clients to disclose the SA/ESA to the association to at least see if they have their own RA documents and requirements. In life, it is often better to ask for forgiveness rather than permission. When dealing with HOA/CA and renters, NO WAY. 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@01D5947D.AE287ED0]<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. 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 6:03 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] ESA 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<https://aka.ms/o0ukef> ________________________________ 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<http://www.evict.com/> Email: harry@evict.com<mailto:harry@evict.com> <image001.png><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. 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 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 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>

KJ

Kristen Jaiven

Wed, Nov 6, 2019 2:47 PM

Agree on all points - Attached is the presentation for service animals that
was given my Michelle Hinden a few meetings ago for anyone who wants to
review.

Thanks!

Kristen King Jaiven, Esq.

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/

[image: Signature Partners] http://mysignaturenetwork.com/

On Wed, Nov 6, 2019 at 8:43 AM Eric Jacobs ejacobs@nexterralaw.com wrote:

The agent lacks authority to make this decision one way or the other but
would be well served to recommend to their client (in writing) that they
seek advice of counsel before neglecting to disclose the present of the
ESA/SA. Having said that, if the animal is legit, the association coming
down hard would be inconsequential. I have recommended to the associations
that I work with that they modify their forms to ask if any animals are to
reside on premises and if so to identify them. At least this way, there is
a disclosure requirement without getting into the animal’s status. If an
animal is identified, the association can make inquiry and probe as
appropriate (if appropriate).

Eric A. Jacobs, J.D., M.B.A.

Nexterra Law

Board Certified Real Estate Litigation and Transactional Practice

AV Rated - Martindale Hubbell

1111 Lincoln Road, Suite 801

Miami Beach, Florida 33139

(954) 929-0679 Telephone

(954) 243-3100 Mobile

Confidentiality and Relationship Disclosure. If you are reading this,
congratulations, you are probably the first. For years law firms have
included lengthy disclosures at the bottom of their emails which in our
view are of, at best, marginal legal value. We have decided not to do
that. Instead, we will ask that if you got this email and shouldn't have,
let us know and please don't read it (though if you've read this, chances
are that ship has sailed). Also, just because we exchange emails doesn't
make us your lawyer(s). If you would like to create an attorney/client
relationship, we're glad to hear it and would be happy to provide you with
an engagement letter. As soon as you have received written confirmation
from us, you can consider our relationship formed.

From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Harry Heist
Sent: Tuesday, November 5, 2019 6:18 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] ESA

If an ESA/SA is not brought to the attention of an HOA or CA or at least
see if they have their own Reasonable Accommodation Form or procedure, rest
assured that all hell will break loose. Most agents have a looser policy on
accepting the documentation required for the RA request. The ones I see
from the association attorneys are often way beyond what is probably
legal. I see it all the time.

The association attorney will come down hard on the agent and the owner
putting the agent in a very bad situation. Association attorneys are hard
core and relentless in these cases.

If the association has a no pet policy, we recommend to all our agent
clients to disclose the SA/ESA to the association to at least see if they
have their own RA documents and requirements.

In life, it is often better to ask for forgiveness rather than permission.
When dealing with HOA/CA and renters, NO WAY.

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 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.

From: landten-bounces@lists.flabarrpptl.org [
mailto:landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org] *On Behalf Of *Kristen Jaiven
Sent: Tuesday, November 05, 2019 6:03 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] ESA

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

Boca Raton, FL 33487

Ph: 561.705.0140

Direct Line: 561-300-6921

Email: Kristen@ Kristen@quadcompanies.comquadcompanies
Kristen@quadcompanies.com.com Kristen@quadcompanies.com

Sent from my iPhone

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

Totally agree

Get Outlook for iOS https://aka.ms/o0ukef

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

Email: *harry@evict.com harry@evict.com

<image001.png>
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.

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

Direct Line: 561-300-6921

Email: Kristen@ Kristen@quadcompanies.comquadcompanies
Kristen@quadcompanies.com.com Kristen@quadcompanies.com

Sent from my iPhone

On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. 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>

_________________________________________________________________________________________________________________

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
http://mailman.fsr.com/mailman/listinfo/landten

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

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

--

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

Agree on all points - Attached is the presentation for service animals that was given my Michelle Hinden a few meetings ago for anyone who wants to review. Thanks! Kristen King Jaiven, Esq. 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/> [image: Signature Partners] <http://mysignaturenetwork.com/> On Wed, Nov 6, 2019 at 8:43 AM Eric Jacobs <ejacobs@nexterralaw.com> wrote: > The agent lacks authority to make this decision one way or the other but > would be well served to recommend to their client (in writing) that they > seek advice of counsel before neglecting to disclose the present of the > ESA/SA. Having said that, if the animal is legit, the association coming > down hard would be inconsequential. I have recommended to the associations > that I work with that they modify their forms to ask if any animals are to > reside on premises and if so to identify them. At least this way, there is > a disclosure requirement without getting into the animal’s status. If an > animal is identified, the association can make inquiry and probe as > appropriate (if appropriate). > > > > Eric A. Jacobs, J.D., M.B.A. > > Nexterra Law > > Board Certified Real Estate Litigation and Transactional Practice > > AV Rated - Martindale Hubbell > > 1111 Lincoln Road, Suite 801 > > Miami Beach, Florida 33139 > > (954) 929-0679 Telephone > > (954) 243-3100 Mobile > > > > > > Confidentiality and Relationship Disclosure. If you are reading this, > congratulations, you are probably the first. For years law firms have > included lengthy disclosures at the bottom of their emails which in our > view are of, at best, marginal legal value. We have decided not to do > that. Instead, we will ask that if you got this email and shouldn't have, > let us know and please don't read it (though if you've read this, chances > are that ship has sailed). Also, just because we exchange emails doesn't > make us your lawyer(s). If you would like to create an attorney/client > relationship, we're glad to hear it and would be happy to provide you with > an engagement letter. As soon as you have received written confirmation > from us, you can consider our relationship formed. > > > > > > > > *From:* landten-bounces@lists.flabarrpptl.org < > landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Harry Heist > *Sent:* Tuesday, November 5, 2019 6:18 PM > *To:* 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> > *Subject:* Re: [RPPTL LandTen] ESA > > > > If an ESA/SA is not brought to the attention of an HOA or CA or at least > see if they have their own Reasonable Accommodation Form or procedure, rest > assured that all hell will break loose. Most agents have a looser policy on > accepting the documentation required for the RA request. The ones I see > from the association attorneys are often way beyond what is probably > legal. I see it all the time. > > > > The association attorney will come down hard on the agent and the owner > putting the agent in a very bad situation. Association attorneys are hard > core and relentless in these cases. > > > > If the association has a no pet policy, we recommend to all our agent > clients to disclose the SA/ESA to the association to at least see if they > have their own RA documents and requirements. > > > > In life, it is often better to ask for forgiveness rather than permission. > When dealing with HOA/CA and renters, NO WAY. > > > > 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* <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. > > > > > > *From:* landten-bounces@lists.flabarrpptl.org [ > mailto:landten-bounces@lists.flabarrpptl.org > <landten-bounces@lists.flabarrpptl.org>] *On Behalf Of *Kristen Jaiven > *Sent:* Tuesday, November 05, 2019 6:03 PM > *To:* RPPTL Landlord Tenant Committee > *Subject:* Re: [RPPTL LandTen] ESA > > > > 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 > > Boca Raton, FL 33487 > > Ph: 561.705.0140 > > Direct Line: 561-300-6921 > > Email: Kristen@ <Kristen@quadcompanies.com>quadcompanies > <Kristen@quadcompanies.com>.com <Kristen@quadcompanies.com> > > > > Sent from my iPhone > > > > On Nov 5, 2019, at 5:53 PM, Eric Jacobs <ejacobs@nexterralaw.com> wrote: > > > > Totally agree > > > > Get Outlook for iOS <https://aka.ms/o0ukef> > ------------------------------ > > *From:* landten-bounces@lists.flabarrpptl.org < > landten-bounces@lists.flabarrpptl.org> on behalf of Harry Heist < > harry@evict.com> > *Sent:* Tuesday, November 5, 2019 5:37:58 PM > *To:* 'RPPTL Landlord Tenant Committee' <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* <http://www.evict.com/> > * Email: **harry@evict.com* <harry@evict.com> > > <image001.png> > <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. > > > > > > *From:* landten-bounces@lists.flabarrpptl.org [ > mailto:landten-bounces@lists.flabarrpptl.org > <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 > > Direct Line: 561-300-6921 > > Email: Kristen@ <Kristen@quadcompanies.com>quadcompanies > <Kristen@quadcompanies.com>.com <Kristen@quadcompanies.com> > > > > Sent from my iPhone > > > > On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. <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 > http://mailman.fsr.com/mailman/listinfo/landten > > > > 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 > > > > 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 -- 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>