I was actually just about to send an email to the Listserve on this issue. Yes, it's obvious you can go online and get all the so-called "service animal" documentation. In fact, the one I'm dealing with even has it's website at the bottom of the letter and is so clearly a scam.

I'm wondering if anyone can provide any clarification as to when the tenant really is protected and authorized to have a service animal. My understanding is a true service animal can only be a dog or a miniature horse that is actually trained and certified to provide physical/actual assistance to the individual. With this documentation, I would never question the tenant's right.

However, the scam (in my humble opinion) comes from the "emotional support" animal issue. These are where you can get any Dr. or even a letter online to state it is medically necessary. But the situations are so absurd, for example my current situation involves a bird. My understanding is that the so-called "emotional support" issue is not protected under the ADA.

My knowledge and understanding of this issue is still a little hazy, so would love some clarification. And please correct me if I am wrong.

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

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.

-------- Original Message --------
Subject: [RPPTL LandTen] Service/ESA animal issue
From: "Harry Heist" <harry@evict.com>
Date: Wed, February 15, 2017 12:16 pm
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.org>

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$99 is all it takes to get one of these.

If FAR, every other state association, NAR, NAA, CAI, NARPM and NMHC all got together, I feel this can be fixed.

This is absurd and should be a top priority.

On top of this, so many people are confusing the FHA with the ADA.

They fixed this somewhat with the ADA but not the FHA.

As long as no one does anything, nothing will change.

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

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.

---

---

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Forget about the ADA. Focus on the FHA.

There is a case out there where an Association had to shell out money for denying the parrot for the child with autism.

I will try to find the case.

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 Cary P. Sabol, Esq.
Sent: Wednesday, February 15, 2017 12:30 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Service/ESA animal issue

I was actually just about to send an email to the Listserve on this issue.  Yes, it's obvious you can go online and get all the so-called "service animal" documentation.  In fact, the one I'm dealing with even has it's website at the bottom of the letter and is so clearly a scam.

I'm wondering if anyone can provide any clarification as to when the tenant really is protected and authorized to have a service animal.  My understanding is a true service animal can only be a dog or a miniature horse that is actually trained and certified to provide physical/actual assistance to the individual.  With this documentation, I would never question the tenant's right.

However, the scam (in my humble opinion) comes from the "emotional support" animal issue.  These are where you can get any Dr. or even a letter online to state it is medically necessary.  But the situations are so absurd, for example my current situation involves a bird. My understanding is that the so-called "emotional support" issue is not protected under the ADA.

My knowledge and understanding of this issue is still a little hazy, so would love some clarification.  And please correct me if I am wrong.

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

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.

-------- Original Message --------
Subject: [RPPTL LandTen] Service/ESA animal issue
From: "Harry Heist" < mailto:harry@evict.com harry@evict.com>
Date: Wed, February 15, 2017 12:16 pm
To: "'RPPTL Landlord Tenant Committee'" < mailto:landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org>

$99 is all it takes to get one of these.

If FAR, every other state association, NAR, NAA, CAI, NARPM and  NMHC all got together, I feel this can be fixed.

This is absurd and should be a top priority.

On top of this, so many people are confusing the FHA with the ADA.

They fixed this somewhat with the ADA but not the FHA.

As long as no one does anything, nothing will change.

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.

landten mailing list
mailto:landten@lists.flabarrpptl.org landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten http://mailman.fsr.com/mailman/listinfo/landten

Here is guidance form the Feds.

Carol S. Grondzik, Esquire
Lutz, Bobo & Telfair, P.A.
2155 Delta Boulevard, Suite 210-B
Tallahassee, Florida 32303
Telephone: (850) 521-0890
Facsimile: (850) 521-0891

This message is intended only for the use of the addressees shown above. This message contains information that may be privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient of this message, then you are hereby notified that the copying, use, forwarding or other distribution of any information or materials transmitted in or with, or as an attachment to, this message is strictly prohibited. If you received this message by mistake, then please immediately send it back to us and then immediately destroy this message. Your cooperation is appreciated.

Pursuant to the Fair Debt Collection Practices Act, it is required that we state the following to you: This is a communication from a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, February 15, 2017 12:52 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Service/ESA animal issue

Forget about the ADA. Focus on the FHA.

There is a case out there where an Association had to shell out money for denying the parrot for the child with autism.

I will try to find the case.

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
[cid:image001.png@01D2878E.DA3B7080]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 Cary P. Sabol, Esq.
Sent: Wednesday, February 15, 2017 12:30 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Service/ESA animal issue

I was actually just about to send an email to the Listserve on this issue.  Yes, it's obvious you can go online and get all the so-called "service animal" documentation.  In fact, the one I'm dealing with even has it's website at the bottom of the letter and is so clearly a scam.

I'm wondering if anyone can provide any clarification as to when the tenant really is protected and authorized to have a service animal.  My understanding is a true service animal can only be a dog or a miniature horse that is actually trained and certified to provide physical/actual assistance to the individual.  With this documentation, I would never question the tenant's right.

However, the scam (in my humble opinion) comes from the "emotional support" animal issue.  These are where you can get any Dr. or even a letter online to state it is medically necessary.  But the situations are so absurd, for example my current situation involves a bird. My understanding is that the so-called "emotional support" issue is not protected under the ADA.

My knowledge and understanding of this issue is still a little hazy, so would love some clarification.  And please correct me if I am wrong.

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

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.

-------- Original Message --------
Subject: [RPPTL LandTen] Service/ESA animal issue
From: "Harry Heist" <harry@evict.commailto:harry@evict.com>
Date: Wed, February 15, 2017 12:16 pm
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
$99 is all it takes to get one of these.

If FAR, every other state association, NAR, NAA, CAI, NARPM and  NMHC all got together, I feel this can be fixed.

This is absurd and should be a top priority.

On top of this, so many people are confusing the FHA with the ADA.

They fixed this somewhat with the ADA but not the FHA.

As long as no one does anything, nothing will change.

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
[cid:image001.png@01D2878E.DA3B7080]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.

landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Below is a handy chart on the three federal laws that apply to service and emotional support animals from the Bazelon Center for Mental Health Law…
Fair Housing Act

Applies to virtually all forms of housing, whether for sale or rent. The exceptions include (a) buildings with four or fewer units where the landlord lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements.

Rehabilitation Act of 1973, § 504

Applies to any program that receives federal assistance, such as public or subsidized housing (although a landlord who only accepts Section 8 rental assistance is not subject to § 504).

ADA, Title II

Applies to any state or local government, or its instrumentalities, regardless of federal financial assistance. This would include local housing agencies, such as your public housing authority.

Tequisha Y. Myles, Esq.
Fair Housing and Elder Law Projects
Legal Aid Society of Palm Beach County, Inc.
423 Fern Street, Suite 200
West Palm Beach, FL 33401
(561) 655-8944 ext. 296
(561) 655-5269 Fax
tmyles@legalaidpbc.orgmailto:tmyles@legalaidpbc.org

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Cary P. Sabol, Esq.
Sent: Wednesday, February 15, 2017 12:30 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Service/ESA animal issue

I was actually just about to send an email to the Listserve on this issue.  Yes, it's obvious you can go online and get all the so-called "service animal" documentation.  In fact, the one I'm dealing with even has it's website at the bottom of the letter and is so clearly a scam.

I'm wondering if anyone can provide any clarification as to when the tenant really is protected and authorized to have a service animal.  My understanding is a true service animal can only be a dog or a miniature horse that is actually trained and certified to provide physical/actual assistance to the individual.  With this documentation, I would never question the tenant's right.

However, the scam (in my humble opinion) comes from the "emotional support" animal issue.  These are where you can get any Dr. or even a letter online to state it is medically necessary.  But the situations are so absurd, for example my current situation involves a bird. My understanding is that the so-called "emotional support" issue is not protected under the ADA.

My knowledge and understanding of this issue is still a little hazy, so would love some clarification.  And please correct me if I am wrong.

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

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.

-------- Original Message --------
Subject: [RPPTL LandTen] Service/ESA animal issue
From: "Harry Heist" <harry@evict.commailto:harry@evict.com>
Date: Wed, February 15, 2017 12:16 pm
To: "'RPPTL Landlord Tenant Committee'" <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
$99 is all it takes to get one of these.

If FAR, every other state association, NAR, NAA, CAI, NARPM and  NMHC all got together, I feel this can be fixed.

This is absurd and should be a top priority.

On top of this, so many people are confusing the FHA with the ADA.

They fixed this somewhat with the ADA but not the FHA.

As long as no one does anything, nothing will change.

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.comhttps://linkprotect.cudasvc.com/url?a=http://www.evict.com/&c=E,1,oLthwA27v3AF_d4kT_UvkmHX1Z1hlvlsD6228YQYPNyd1bf8K93ub1IpAUS_kbjBbyCUJBJYNHe955NR_pDUNzp-kw3_9RSuvZCwQdwdXFBrjIppp7wz&typo=1
Email: harry@evict.commailto:harry@evict.com
[cid:image001.png@01D2879B.BA4E4CE0]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.

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http://mailman.fsr.com/mailman/listinfo/landtenhttps://linkprotect.cudasvc.com/url?a=http://mailman.fsr.com/mailman/listinfo/landten&c=E,1,q8aRbOXJBBx-G3Hr17asYOHqO3py1bpyTxryfXo6NX0ytTht8zsab7wJVFLl0KWo_rMTlkji-rjpiaEMhpW5tKDfzJrGDptS6TJCLMqvypU2o35XmYoV&typo=1