[RPPTL LandTen] CDC Re: Residential lease issue- second hand smoke
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www.publichealthlawcenter.org and www.no-smoke.org
ADRIENNE F.PROMOFF, ESQ.
Museum Tower *Penthouse II
150 West Flagler Street, Suite 2950
Miami, Florida 33l30
Tel: 305- 374-0102 Fax: 305-692-3086
Email: apromoff@mindspring.com-----Original Message-----
From: Alberto MCardet
Sent: Apr 25, 2013 10:58 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential lease issue- second hand smokeAgree that Google Scholar is a great place to start, I think many of our colleagues are unaware of it. Never have dealt with the second hand smoke issue but very interesting topic.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric.Rapkin@akerman.com
Sent: Thursday, April 25, 2013 9:59 AM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Residential lease issue- second hand smokeI find that a great place to start research is Google Scholar. I searched "'second hand smoke'" habitability" and it looks like there are a bunch of articles and cases on the topic, for example:
http://scholar.google.com/scholar_case?case=5728922745529120095 &q=%22SECOND+HAND+SMOKE%22+HABITABILITY&hl=en&as_sdt=2,10
http://tobaccocontrol.bmj.com/content/13/suppl_1/i61.short
Eric D. Rapkin
Akerman Senterfitt | 350 East Las Olas Boulevard | Suite 1600 | Fort Lauderdale, FL 33301
Dir: 954.759.8962 | Main: 954.463.2700 | Cell: 305.343.6129 | Fax: 954.847.5350
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew Garofalo
Sent: Thursday, April 25, 2013 9:46 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Residential lease issue- second hand smokeNo experience on that issue. Will probably be hard to prove since it is not something you can document with a photo for example. If an air quality test can be done that would detect the second hand smoke the tenant should have it done.
Andrew Garofalo
Board Certified Real Estate Attorney
Garofalo Law Office P.A.
888-658-8686
www.garofalolaw.netSent from my mobile phone.
On Apr 25, 2013 9:34 AM, "Neil B. Shoter" > wrote:
Has anyone dealt with issues of second hand smoke/indoor air quality as grounds to terminate a residential lease?? A pro bono matter brought to my attention on behalf of a residential tenant question whether a residential tenant has grounds to terminate a lease early where second hand smoke is making affecting habitability.
Facts: Does an apartment landlord/complex have any liability towards a specific tenant (here a 21 yr old mother with a 1 yr old infant who requested a non-smoking unit – but not in lease) where the unit is suffering from the intrusion of second hand smoke from 1) a central air condition system, 2) from smokers in the hallways, and 3) smoke in the existing carpets (all three conditions are present)? If so, does that constitute a breach of habitability under the lease and the requirements F.S. 83.51, in particular by means of any applicable health codes?
Any thoughts would be welcome.
Neil
Neil B. Shoter
Partner / LEED Accredited Professional_____
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail | Biography | V-Card | WebsiteV Card | Bio | akerman.com
CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.
CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment.
_____________________________________________________________
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.
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Thanks for all the responses!
[cid:image001.jpg@01CE41A7.84487CD0]
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mailmailto:NShoter@shutts.com | Biographyhttp://www.shutts.com/attorneys-Neil-Shoter.html | V-Cardhttp://www.shutts.com/vcard-181.vcf | Websitehttp://www.shutts.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Adrienne F. Promoff
Sent: Thursday, April 25, 2013 11:20 AM
To: RPPTL Landlord Tenant Committee; 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] CDC Re: Residential lease issue- second hand smoke
www.publichealthlawcenter.orghttp://www.publichealthlawcenter.org and www.no-smoke.orghttp://www.no-smoke.org
ADRIENNE F.PROMOFF, ESQ.
Museum Tower *Penthouse II
150 West Flagler Street, Suite 2950
Miami, Florida 33l30
Tel: 305- 374-0102 Fax: 305-692-3086
Email: apromoff@mindspring.commailto:apromoff@mindspring.com
-----Original Message-----
From: Alberto MCardet
Sent: Apr 25, 2013 10:58 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential lease issue- second hand smoke
Agree that Google Scholar is a great place to start, I think many of our colleagues are unaware of it. Never have dealt with the second hand smoke issue but very interesting topic.
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
305-403-7824 (fax)
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric.Rapkin@akerman.commailto:Eric.Rapkin@akerman.com
Sent: Thursday, April 25, 2013 9:59 AM
To: landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Residential lease issue- second hand smoke
I find that a great place to start research is Google Scholar. I searched "'second hand smoke'" habitability" and it looks like there are a bunch of articles and cases on the topic, for example:
http://scholar.google.com/scholar_case?case=5728922745529120095 &q=%22SECOND+HAND+SMOKE%22+HABITABILITY&hl=en&as_sdt=2,10
http://tobaccocontrol.bmj.com/content/13/suppl_1/i61.short
Eric D. Rapkin
Akerman Senterfitt | 350 East Las Olas Boulevard | Suite 1600 | Fort Lauderdale, FL 33301
Dir: 954.759.8962 | Main: 954.463.2700 | Cell: 305.343.6129 | Fax: 954.847.5350
eric.rapkin@akerman.commailto:eric.rapkin@akerman.com
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Andrew Garofalo
Sent: Thursday, April 25, 2013 9:46 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Residential lease issue- second hand smoke
No experience on that issue. Will probably be hard to prove since it is not something you can document with a photo for example. If an air quality test can be done that would detect the second hand smoke the tenant should have it done.
Andrew Garofalo
Board Certified Real Estate Attorney
Garofalo Law Office P.A.
888-658-8686
www.garofalolaw.nethttp://www.garofalolaw.net
Sent from my mobile phone.
On Apr 25, 2013 9:34 AM, "Neil B. Shoter" > wrote:
Has anyone dealt with issues of second hand smoke/indoor air quality as grounds to terminate a residential lease?? A pro bono matter brought to my attention on behalf of a residential tenant question whether a residential tenant has grounds to terminate a lease early where second hand smoke is making affecting habitability.
Facts: Does an apartment landlord/complex have any liability towards a specific tenant (here a 21 yr old mother with a 1 yr old infant who requested a non-smoking unit – but not in lease) where the unit is suffering from the intrusion of second hand smoke from 1) a central air condition system, 2) from smokers in the hallways, and 3) smoke in the existing carpets (all three conditions are present)? If so, does that constitute a breach of habitability under the lease and the requirements F.S. 83.51, in particular by means of any applicable health codes?
Any thoughts would be welcome.
Neil
Neil B. Shoter
Partner / LEED Accredited Professional
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail | Biography | V-Card | Website
V Card | Bio | akerman.com
CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.
CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment.
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.
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