I have compiled and attached the comments I have received regarding the
revision to the Residential Landlord Tenant Act.  I have organized them by
statute section ( in no particular order) to include the text of the statute
section, followed by the comments I have received.  If I missed you or
misquoted you please let me know.  I attempted to cut and past from the
various emails.

Please email me acardet@justice.com your availability or unavailability for
a phone conference towards the end of this week or any additional comments.

Thank you

Albert

Albert -

Are you still accepting comments on the Resi Landlord/Tenant statute?

If so, till when?

Thanks,

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:      954-962-3560

Email:  Jmazor@Mazor.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto M Cardet
Sent: Tuesday, August 09, 2011 1:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Residential LL/T Act Revision

I have compiled and attached the comments I have received regarding the
revision to the Residential Landlord Tenant Act.  I have organized them by
statute section ( in no particular order) to include the text of the statute
section, followed by the comments I have received.  If I missed you or
misquoted you please let me know.  I attempted to cut and past from the
various emails.

Please email me acardet@justice.com your availability or unavailability for
a phone conference towards the end of this week or any additional comments.

Thank you

Albert

We still have time to provide comments on Part 2.  End of August was our approximate deadline.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Saturday, August 27, 2011 1:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential LL/T Act Revision

Albert -

Are you still accepting comments on the Resi Landlord/Tenant statute?
If so, till when?

Thanks,

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd.,  Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax:      954-962-3560
Email:  Jmazor@Mazor.commailto:Jmazor@Mazor.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto M Cardet
Sent: Tuesday, August 09, 2011 1:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Residential LL/T Act Revision

I have compiled and attached the comments I have received regarding the revision to the Residential Landlord Tenant Act.  I have organized them by statute section ( in no particular order) to include the text of the statute section, followed by the comments I have received.  If I missed you or misquoted you please let me know.  I attempted to cut and past from the various emails.

Please email me acardet@justice.commailto:acardet@justice.com your availability or unavailability for a phone conference towards the end of this week or any additional comments.

Thank you

Albert

</pre>IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted<br>U.S. Treasury Department Regulations, we are now required<br>to advise you that, unless otherwise expressly indicated,<br>any federal tax advice expressed above was neither<br>written nor intended by the sender or this firm to be<br>used and cannot be used by any taxpayer for the purpose <br>of avoiding penalties that may be imposed under U.S. tax <br>law.  If any person uses or refers to any such tax advice<br>in promoting, marketing or recommending a partnership or<br>other entity, investment plan or arrangement to any <br>taxpayer, then the advice should be considered to have<br>been written to support the promotion or marketing by a <br>person other than the sender or this firm of that <br>transaction or matter, and such taxpayer should seek<br>advice based on the taxpayer's particular circumstances<br>from an independent tax advisor.<br><br><br>The information in this email transmission is privileged<br>and confidential.  If you are not the intended recipient,<br>nor the employee or agent responsible for delivering it to<br>the intended recipient, you are hereby notified that any<br>dissemination or copying of this transmission (including<br>any attachments) is strictly prohibited.  If you have<br>received this email in error, please notify the sender by<br>email reply.  Thank you.<br><pre>

Thanks, Neil

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Saturday, August 27, 2011 1:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential LL/T Act Revision

We still have time to provide comments on Part 2.  End of August was our
approximate deadline.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Saturday, August 27, 2011 1:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential LL/T Act Revision

Albert -

Are you still accepting comments on the Resi Landlord/Tenant statute?

If so, till when?

Thanks,

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:      954-962-3560

Email:  Jmazor@Mazor.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto M Cardet
Sent: Tuesday, August 09, 2011 1:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Residential LL/T Act Revision

I have compiled and attached the comments I have received regarding the
revision to the Residential Landlord Tenant Act.  I have organized them by
statute section ( in no particular order) to include the text of the statute
section, followed by the comments I have received.  If I missed you or
misquoted you please let me know.  I attempted to cut and past from the
various emails.

Please email me acardet@justice.com your availability or unavailability for
a phone conference towards the end of this week or any additional comments.

Thank you

Albert

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.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Comments for additions to the Residential LL/T statute:

Florida LL/T act is silent on many public housing issues even though the
federal regulations do not preempt the state statute.  I propose the
following language which is similar to a NJ statute. This language is
limited to public housing and only pertains to public housing tenants:

1. A tenant in public housing or  under the control of a public housing
   authority or redevelopment agency, who has substantially violated or
   breached any of the covenants or agreements contained in the lease for the
   rental premises pertaining to illegal uses of controlled dangerous
   substances, or other illegal activities, the right of termination of the
   lease is reserved to the landlord if the violation of the lease agreement is
   such that the lease provision or agreement conforms to federal guidelines
   regarding such lease provisions and was contained in the lease at the
   beginning of the lease term. The trial Court is responsible to determine
   whether the landlord "exercised its discretion in a manner consistent with
   federal or state statute or regulation or if the landlord abused its
   discretion in terminating the tenant’s lease.

Florida LL/T act is silent if a public housing authority PHA has to consider
any factors in deciding whether, and whom, to evict. I propose the following
language with is consistent with a HUD advisory letter attached hereto.

2. In good faith, the PHA shall consider all circumstances relevant to
   a particular case such as the seriousness of the offending action, the
   extent of participation by the leaseholder in the offending action, the
   effects that the eviction would have on family members not involved in the
   offending activity and the extent to which the leaseholder has shown
   personal responsibility and has taken all reasonable steps to prevent or
   mitigate the offending action.

[taken form 24 CFR § 966.4(l)(5)(vii)(B), except the federal regulations
states “may” instead of “shall”.  The reason I have included shall is
because Florida requires the landlord to act in good faith and failure to
consider any circumstances before making a decision to evict an indigent
person making them homeless should be considered “bad faith”.  Any
individual factual disputes about whether the lease provision was actually
violated can be resolved by the trial judge in an eviction proceedings].

In support of the above is the following statement I have attached a letter
written by HUD Assistant Secretary Michael M. Liu  (Assistant to Secretary
of HUD Mel Martinez) to PHA directors encouraging them to consider
mitigating factors.

Adding the above language to the LL/T act would establish consistency with
HUD’s  policy letter.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Saturday, August 27, 2011 1:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential LL/T Act Revision

We still have time to provide comments on Part 2.  End of August was our
approximate deadline.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Saturday, August 27, 2011 1:39 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential LL/T Act Revision

Albert –

Are you still accepting comments on the Resi Landlord/Tenant statute?

If so, till when?

Thanks,

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:      954-962-3560

Email:  Jmazor@Mazor.com

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Alberto M Cardet
Sent: Tuesday, August 09, 2011 1:01 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Residential LL/T Act Revision

I have compiled and attached the comments I have received regarding the
revision to the Residential Landlord Tenant Act.  I have organized them by
statute section ( in no particular order) to include the text of the statute
section, followed by the comments I have received.  If I missed you or
misquoted you please let me know.  I attempted to cut and past from the
various emails.

Please email me acardet@justice.com your availability or unavailability for
a phone conference towards the end of this week or any additional comments.

Thank you

Albert

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.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.