Responding NO to the question “any pets” is not a lie. Service animals are not considered pets. A better question on the application would be, “are there any animals in the household”. Then it no would be a lie. I generally don’t like cheats but I really don’t like cheats when it comes to Service Animals. It is going to hurt the people that really need them someday.
Sent by Leonard P Cabral
On Nov 6, 2019, at 5:48 AM, Cary P. Sabol, Esq. csabol@sabollaw.com wrote:
Hi Kristen,
Thanks for your input, it is much appreciated. I agree that I don't feel the agent has any responsibility on the subject. My point is we have an application that says "do you have pets..." and the tenant explicitly answers "NO" but then the day after moving in magically has an ESA pet with a letter from a Dr. Something seems wrong with that. Ironically, every one of my clients has no problem approving it, but they (as do I) feel that the dishonesty suggests (1) It's not really an ESA, but just a cheater trying to game the system, because someone with a true medical need would just be honest about it; and (2) They are a dishonest person who if willing to lie about one thing, will likely be willing to lie about others, which is not typically the best type of person that you want to enter into a business contract with.
Anyhow, thanks again for your input.
Cary
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.
** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.
THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
<sigimg0>
<sigimg1>
_________________________________________________________________________________________________________________
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
-------- Original Message --------
Subject: Re: [RPPTL LandTen] ESA
From: Kristen Jaiven <kristen@quadcompanies.commailto:kristen@quadcompanies.com>
Date: Tue, November 05, 2019 6:02 pm
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
That can happen with the hotline. However, in this situation, I do think the tenant is responsible for making the request for accommodation and it is not the responsibility of the agent involved in the transaction to disclose the existence of an ESA. I know this element was not brought up in the original question but I was providing insight from the real restate agent’s perspective.
I look forward to seeing everyone’s opinion who practices in this area.
Kristen King Jaiven, Esq.
General Counsel
The Signature Real Estate Companies
901-C Clint Moore Roadx-apple-data-detectors://1/0
Bocax-apple-data-detectors://1/0 Ratonx-apple-data-detectors://1/0, FL 33487x-apple-data-detectors://1/0
Ph: 561.705.0140tel:561.705.0140
Direct Line: 561-300-6921tel:561-300-6921
Email: mailto:Kristen@quadcompanies.com Kristen@mailto:Kristen@quadcompanies.comquadcompaniesmailto:Kristen@quadcompanies.com.commailto:Kristen@quadcompanies.com
Sent from my iPhone
On Nov 5, 2019, at 5:53 PM, Eric Jacobs <ejacobs@nexterralaw.commailto:ejacobs@nexterralaw.com> wrote:
Totally agree
Get Outlook for iOShttps://aka.ms/o0ukef
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> on behalf of Harry Heist <harry@evict.commailto:harry@evict.com>
Sent: Tuesday, November 5, 2019 5:37:58 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] ESA
If you would like to get 5 incorrect and/or different answers to a question, consult the Realtor Legal Hotline 5 times and speak with a different person each time.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
<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.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Kristen Jaiven
Sent: Tuesday, November 05, 2019 5:27 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] ESA
Some associations have a specific ESA application. Associations with a pet application only wouldn’t be notified of the ESA (since the ESA is not a pet). That is one level of disclosure.
From the realtors perspective, we’ve been told when consulting the realtors legal hotline that the realtor should not disclose the ESA but rely on the tenant to request the accommodation directly from the landlord and assert their rights.
Michelle Hinden can probably shed more light on this issue.
Kristen King Jaiven, Esq.
General Counsel
The Signature Real Estate Companies
901-C Clint Moore Road
Boca Raton, FL 33487
Ph: 561.705.0140tel:561.705.0140
Direct Line: 561-300-6921tel:561-300-6921
Email: Kristen@mailto:Kristen@quadcompanies.comquadcompaniesmailto:Kristen@quadcompanies.com.commailto:Kristen@quadcompanies.com
Sent from my iPhone
On Nov 5, 2019, at 4:39 PM, Cary P. Sabol, Esq. <csabol@sabollaw.commailto:csabol@sabollaw.com> wrote:
Hi All,
I'm curious if anyone knows whether there is any type of ESA notice requirement on the part of the tenant prior to moving in? I am receiving a lot of calls about tenants applying for rentals, stating they have no pets on the application, moving in and then providing the landlord with their ESA/ reasonable accommodation request within a day or two of moving in. There seems to be a pattern of tenants intentionally concealing pets until after they move in. It can't be a coincidence that the tenant acquires the need for the ESA the same day they move in when they apparently didn't the weeks prior to moving in while going through the application process.
Anybody have any opinion or authority on this issue?
Cary
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.
** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.
THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
<sigimg0>
<sigimg1>
_________________________________________________________________________________________________________________
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
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Responding NO to the question “any pets” is not a lie. Service animals are not considered pets. A better question on the application would be, “are there any animals in the household”. Then it no would be a lie. I generally don’t like cheats but I really don’t like cheats when it comes to Service Animals. It is going to hurt the people that really need them someday.
Sent by Leonard P Cabral
On Nov 6, 2019, at 5:48 AM, Cary P. Sabol, Esq. <csabol@sabollaw.com> wrote:
Hi Kristen,
Thanks for your input, it is much appreciated. I agree that I don't feel the agent has any responsibility on the subject. My point is we have an application that says "do you have pets..." and the tenant explicitly answers "NO" but then the day after moving in magically has an ESA pet with a letter from a Dr. Something seems wrong with that. Ironically, every one of my clients has no problem approving it, but they (as do I) feel that the dishonesty suggests (1) It's not really an ESA, but just a cheater trying to game the system, because someone with a true medical need would just be honest about it; and (2) They are a dishonest person who if willing to lie about one thing, will likely be willing to lie about others, which is not typically the best type of person that you want to enter into a business contract with.
Anyhow, thanks again for your input.
Cary
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449
Cell: (561) 281-2744
Fax: (888) 316-2881
BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.
** PLEASE NOTE: On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.
THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
<sigimg0>
<sigimg1>
_________________________________________________________________________________________________________________
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
-------- Original Message --------
Subject: Re: [RPPTL LandTen] ESA
From: Kristen Jaiven <kristen@quadcompanies.com<mailto:kristen@quadcompanies.com>>
Date: Tue, November 05, 2019 6:02 pm
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>>
That can happen with the hotline. However, in this situation, I do think the tenant is responsible for making the request for accommodation and it is not the responsibility of the agent involved in the transaction to disclose the existence of an ESA. I know this element was not brought up in the original question but I was providing insight from the real restate agent’s perspective.
I look forward to seeing everyone’s opinion who practices in this area.
Kristen King Jaiven, Esq.
General Counsel
The Signature Real Estate Companies
901-C Clint Moore Road<x-apple-data-detectors://1/0>
Boca<x-apple-data-detectors://1/0> Raton<x-apple-data-detectors://1/0>, FL 33487<x-apple-data-detectors://1/0>
Ph: 561.705.0140<tel:561.705.0140>
Direct Line: 561-300-6921<tel:561-300-6921>
Email: <mailto:Kristen@quadcompanies.com> 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>
<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
<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.
_______________________________________________
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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>
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