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[RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

JM
Jordan M Brill
Thu, Apr 2, 2020 5:12 PM

I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance.  The accommodation is the "acceptance of rental payments upon certain conditions and stipulations."  We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus.  Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before?

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttp://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.commailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance. The accommodation is the "acceptance of rental payments upon certain conditions and stipulations." We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus. Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before? Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.
AK
Amanda Kison
Thu, Apr 2, 2020 5:16 PM

I'm confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA?

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley & Bruning P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.bentleyandbruning.comhttp://www.bentleyandbruning.com/

Please note that Bentley & Bruning is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19.  As with Firm personnel, we are asking our guests to refrain from visiting Bentley & Bruning  unless absolutely necessary.  We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Jordan M Brill
Sent: Thursday, April 02, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance.  The accommodation is the "acceptance of rental payments upon certain conditions and stipulations."  We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus.  Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before?

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttp://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.commailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

I'm confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA? Amanda R. Kison, Esq. Board Certified Business Litigation Bentley & Bruning P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.bentleyandbruning.com<http://www.bentleyandbruning.com/> Please note that Bentley & Bruning is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley & Bruning unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill Sent: Thursday, April 02, 2020 1:13 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance. The accommodation is the "acceptance of rental payments upon certain conditions and stipulations." We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus. Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before? Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.
JM
Jordan M Brill
Thu, Apr 2, 2020 5:22 PM

Forgive me, I meant FHA, not ADA.  To answer, your question, yes, they appear to be alleging that the disability prevented a timely rental payment.

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttp://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.commailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

From: landten-bounces@lists.flabarrpptl.org On Behalf Of Amanda Kison
Sent: Thursday, April 2, 2020 1:16 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

I'm confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA?

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley & Bruning P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.bentleyandbruning.comhttp://www.bentleyandbruning.com/

Please note that Bentley & Bruning is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19.  As with Firm personnel, we are asking our guests to refrain from visiting Bentley & Bruning  unless absolutely necessary.  We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill
Sent: Thursday, April 02, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance.  The accommodation is the "acceptance of rental payments upon certain conditions and stipulations."  We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus.  Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before?

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttp://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.commailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

Forgive me, I meant FHA, not ADA. To answer, your question, yes, they appear to be alleging that the disability prevented a timely rental payment. Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you. From: landten-bounces@lists.flabarrpptl.org On Behalf Of Amanda Kison Sent: Thursday, April 2, 2020 1:16 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry I'm confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA? Amanda R. Kison, Esq. Board Certified Business Litigation Bentley & Bruning P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.bentleyandbruning.com<http://www.bentleyandbruning.com/> Please note that Bentley & Bruning is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley & Bruning unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. 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 Jordan M Brill Sent: Thursday, April 02, 2020 1:13 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance. The accommodation is the "acceptance of rental payments upon certain conditions and stipulations." We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus. Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before? Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.
MS
Matt Siegel
Thu, Apr 2, 2020 5:42 PM

Closest analogue I've seen is if the tenant is receiving disability checks that come after the late period in the lease.  In those cases the property has to waive the late fee until the tenant has received their check as a reasonable accommodation.

If they're going for a broader "my condition physically prevents me from paying on time," that would be harder to justify.  I can't see a doctor writing a note that the tenant medically needs an extra few days to pay their rent due to their condition.

Matt

Matthew Siegel, Esq.
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
matt@mgfdlaw.commailto:matt@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.commailto:eservice@mgfdlaw.com

From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Jordan M Brill
Sent: Thursday, April 02, 2020 1:22 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

Forgive me, I meant FHA, not ADA.  To answer, your question, yes, they appear to be alleging that the disability prevented a timely rental payment.

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttp://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.commailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org On Behalf Of Amanda Kison
Sent: Thursday, April 2, 2020 1:16 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

I'm confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA?

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley & Bruning P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.bentleyandbruning.comhttp://www.bentleyandbruning.com/

Please note that Bentley & Bruning is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19.  As with Firm personnel, we are asking our guests to refrain from visiting Bentley & Bruning  unless absolutely necessary.  We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill
Sent: Thursday, April 02, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance.  The accommodation is the "acceptance of rental payments upon certain conditions and stipulations."  We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus.  Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before?

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttp://www.glachmanbrill.com/

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.commailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

Closest analogue I've seen is if the tenant is receiving disability checks that come after the late period in the lease. In those cases the property has to waive the late fee until the tenant has received their check as a reasonable accommodation. If they're going for a broader "my condition physically prevents me from paying on time," that would be harder to justify. I can't see a doctor writing a note that the tenant medically needs an extra few days to pay their rent due to their condition. Matt Matthew Siegel, Esq. Countryside Colonial Center 2753 SR 580, Suite 209 Clearwater, FL 33761-3351 P 727-726-1900 F 727-726-7440 matt@mgfdlaw.com<mailto:matt@mgfdlaw.com> Primary Eservice: eservice@mgfdlaw.com<mailto:eservice@mgfdlaw.com> From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill Sent: Thursday, April 02, 2020 1:22 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry Forgive me, I meant FHA, not ADA. To answer, your question, yes, they appear to be alleging that the disability prevented a timely rental payment. Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Amanda Kison Sent: Thursday, April 2, 2020 1:16 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry I'm confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA? Amanda R. Kison, Esq. Board Certified Business Litigation Bentley & Bruning P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.bentleyandbruning.com<http://www.bentleyandbruning.com/> Please note that Bentley & Bruning is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley & Bruning unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. 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 Jordan M Brill Sent: Thursday, April 02, 2020 1:13 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance. The accommodation is the "acceptance of rental payments upon certain conditions and stipulations." We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus. Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before? Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<http://www.glachmanbrill.com/> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.
HH
Harry Heist
Thu, Apr 2, 2020 5:48 PM

We have seen this with reference to SSI or Disability payment dates and rent
due dates.

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

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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jordan M Brill
Sent: Thursday, April 02, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments
and Failure to Deposit Money in Court Registry

I represent a landlord in an eviction, and received a letter today from
legal aid, on behalf of a tenant, which requested a reasonable accommodation
under the ADA and a local ordinance.  The accommodation is the "acceptance
of rental payments upon certain conditions and stipulations."  We already
filed the eviction long ago and would have gotten a default, had the courts
not suspended them due to the coronavirus.  Does anyone think there is any
merit to this being a reasonable accommodation, or have any insight based
upon receiving something similar before?

Thanks,

Jordan

Jordan Marcus Brill, Esq.

Glachman & Brill, P.A.

6421 Congress Ave., Suite 120

Boca Raton, FL 33487

(561)859-0679

mailto:jordan@glachmanbrill.com jordan@glachmanbrill.com

http://www.glachmanbrill.com/ www.glachmanbrill.com

The information contained in this email message is intended for review and
use of the senders intended recipient and no other. Any recipient or reader
of this email that is not an intended recipient or reader is  hereby
notified that any dissemination, distribution or copying of this
communication is strictly prohibited; any wrongful dissemination or receipt
shall not constitute a waiver of any privilege held by the sender or any
intended recipient  or client of  the sender.  If you have received this
communication in error, please immediately notify us via email directed to
jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the
original message and all copies thereof and related communications thereto.
Thank you.

We have seen this with reference to SSI or Disability payment dates and rent due dates. 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 Jordan M Brill Sent: Thursday, April 02, 2020 1:13 PM To: RPPTL Landlord Tenant Committee Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance. The accommodation is the "acceptance of rental payments upon certain conditions and stipulations." We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus. Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before? Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 <mailto:jordan@glachmanbrill.com> jordan@glachmanbrill.com <http://www.glachmanbrill.com/> www.glachmanbrill.com The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.
HH
Harry Heist
Thu, Apr 2, 2020 8:46 PM

If you need any FH/ADA experts, I keep a running list of people I trust who
I send people to all the time as we don't deal with that.

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 Jordan M Brill
Sent: Thursday, April 02, 2020 1:22 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental
Payments and Failure to Deposit Money in Court Registry

Forgive me, I meant FHA, not ADA.  To answer, your question, yes, they
appear to be alleging that the disability prevented a timely rental payment.

Jordan Marcus Brill, Esq.

Glachman & Brill, P.A.

6421 Congress Ave., Suite 120

Boca Raton, FL 33487

(561)859-0679

mailto:jordan@glachmanbrill.com jordan@glachmanbrill.com

http://www.glachmanbrill.com/ www.glachmanbrill.com

The information contained in this email message is intended for review and
use of the senders intended recipient and no other. Any recipient or reader
of this email that is not an intended recipient or reader is  hereby
notified that any dissemination, distribution or copying of this
communication is strictly prohibited; any wrongful dissemination or receipt
shall not constitute a waiver of any privilege held by the sender or any
intended recipient  or client of  the sender.  If you have received this
communication in error, please immediately notify us via email directed to
jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the
original message and all copies thereof and related communications thereto.
Thank you.

From: landten-bounces@lists.flabarrpptl.org On Behalf Of Amanda Kison
Sent: Thursday, April 2, 2020 1:16 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental
Payments and Failure to Deposit Money in Court Registry

I'm confused - Are they claiming the inability to timely pay rent is tied to
a disability under the ADA?

Amanda R. Kison, Esq.

Board Certified Business Litigation

Bentley & Bruning P.A.

783 South Orange Ave., 3rd Floor

Sarasota, FL 34236

(941) 556-9030 (Main)

http://www.bentleyandbruning.com/ www.bentleyandbruning.com

Please note that Bentley & Bruning is taking precautionary measures to
safeguard its personnel, clients, and guests due to concerns regarding
COVID-19.  As with Firm personnel, we are asking our guests to refrain from
visiting Bentley & Bruning  unless absolutely necessary.  We will be
available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any
inconvenience.

From: landten-bounces@lists.flabarrpptl.org
landten-bounces@lists.flabarrpptl.org On Behalf Of Jordan M Brill
Sent: Thursday, April 02, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments
and Failure to Deposit Money in Court Registry

I represent a landlord in an eviction, and received a letter today from
legal aid, on behalf of a tenant, which requested a reasonable accommodation
under the ADA and a local ordinance.  The accommodation is the "acceptance
of rental payments upon certain conditions and stipulations."  We already
filed the eviction long ago and would have gotten a default, had the courts
not suspended them due to the coronavirus.  Does anyone think there is any
merit to this being a reasonable accommodation, or have any insight based
upon receiving something similar before?

Thanks,

Jordan

Jordan Marcus Brill, Esq.

Glachman & Brill, P.A.

6421 Congress Ave., Suite 120

Boca Raton, FL 33487

(561)859-0679

mailto:jordan@glachmanbrill.com jordan@glachmanbrill.com

http://www.glachmanbrill.com/ www.glachmanbrill.com

The information contained in this email message is intended for review and
use of the senders intended recipient and no other. Any recipient or reader
of this email that is not an intended recipient or reader is  hereby
notified that any dissemination, distribution or copying of this
communication is strictly prohibited; any wrongful dissemination or receipt
shall not constitute a waiver of any privilege held by the sender or any
intended recipient  or client of  the sender.  If you have received this
communication in error, please immediately notify us via email directed to
jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the
original message and all copies thereof and related communications thereto.
Thank you.

If you need any FH/ADA experts, I keep a running list of people I trust who I send people to all the time as we don't deal with that. 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 Jordan M Brill Sent: Thursday, April 02, 2020 1:22 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry Forgive me, I meant FHA, not ADA. To answer, your question, yes, they appear to be alleging that the disability prevented a timely rental payment. Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 <mailto:jordan@glachmanbrill.com> jordan@glachmanbrill.com <http://www.glachmanbrill.com/> www.glachmanbrill.com The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you. From: landten-bounces@lists.flabarrpptl.org On Behalf Of Amanda Kison Sent: Thursday, April 2, 2020 1:16 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry I'm confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA? Amanda R. Kison, Esq. Board Certified Business Litigation Bentley & Bruning P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) <http://www.bentleyandbruning.com/> www.bentleyandbruning.com Please note that Bentley & Bruning is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley & Bruning unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. From: landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill Sent: Thursday, April 02, 2020 1:13 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance. The accommodation is the "acceptance of rental payments upon certain conditions and stipulations." We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus. Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before? Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 <mailto:jordan@glachmanbrill.com> jordan@glachmanbrill.com <http://www.glachmanbrill.com/> www.glachmanbrill.com The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.
CS
Carol S. Grondzik
Thu, Apr 2, 2020 9:32 PM

The few courts that have addressed financial accommodations have reached conflicting conclusions.  The attached reflects the 11th Circuit's thinking about these matters.

Carol

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 landten-bounces@lists.flabarrpptl.org On Behalf Of Matt Siegel
Sent: Thursday, April 2, 2020 1:43 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

Closest analogue I've seen is if the tenant is receiving disability checks that come after the late period in the lease.  In those cases the property has to waive the late fee until the tenant has received their check as a reasonable accommodation.

If they're going for a broader "my condition physically prevents me from paying on time," that would be harder to justify.  I can't see a doctor writing a note that the tenant medically needs an extra few days to pay their rent due to their condition.

Matt

Matthew Siegel, Esq.
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
matt@mgfdlaw.commailto:matt@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.commailto:eservice@mgfdlaw.com

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill
Sent: Thursday, April 02, 2020 1:22 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

Forgive me, I meant FHA, not ADA.  To answer, your question, yes, they appear to be alleging that the disability prevented a timely rental payment.

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.glachmanbrill.com%2f&c=E,1,cpdhc_IQYXnSXN4pP2X1eponT0t2xHhCzRoL5S3w-PW3qJAgHe7B4r5jmT60hvHFc7PiFJDM5-PoX-1EGs6L1ufIk4mgARMp_7wpJwQzOGruIxqY&typo=1

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.commailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org On Behalf Of Amanda Kison
Sent: Thursday, April 2, 2020 1:16 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

I'm confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA?

Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley & Bruning P.A.
783 South Orange Ave., 3rd Floor
Sarasota, FL 34236
(941) 556-9030 (Main)
www.bentleyandbruning.comhttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.bentleyandbruning.com%2f&c=E,1,iu7OegNuqJY6uSJlh7cqey7fLMJkTk65nDmlatcAolFS7-T7edkLJBci_Cq_VsSuv8yPF60SWhMxlkizQWRLR6WetSqiviUa0RsF1cLUQTqfD9M,&typo=1

Please note that Bentley & Bruning is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19.  As with Firm personnel, we are asking our guests to refrain from visiting Bentley & Bruning  unless absolutely necessary.  We will be available by email, Skype or telephone as usual.

We appreciate your understanding and cooperation and apologize for any inconvenience.

From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Jordan M Brill
Sent: Thursday, April 02, 2020 1:13 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry

I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance.  The accommodation is the "acceptance of rental payments upon certain conditions and stipulations."  We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus.  Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before?

Thanks,

Jordan

Jordan Marcus Brill, Esq.
Glachman & Brill, P.A.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.commailto:jordan@glachmanbrill.com
www.glachmanbrill.comhttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.glachmanbrill.com%2f&c=E,1,fb4zohcJ3_eG40T3NOTuYvoJFagn6LHbr0TNwfa4jcbtYYzpnGkbgl4Prn6s8k097lzCxY0AbMbQ13iY-XWlH7a6ivnC4ddpCADNOGp1TvQrtcSHRgbDjyU6&typo=1

The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is  hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient  or client of  the sender.  If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.commailto:jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto.  Thank you.

The few courts that have addressed financial accommodations have reached conflicting conclusions. The attached reflects the 11th Circuit's thinking about these matters. Carol 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 <landten-bounces@lists.flabarrpptl.org> On Behalf Of Matt Siegel Sent: Thursday, April 2, 2020 1:43 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry Closest analogue I've seen is if the tenant is receiving disability checks that come after the late period in the lease. In those cases the property has to waive the late fee until the tenant has received their check as a reasonable accommodation. If they're going for a broader "my condition physically prevents me from paying on time," that would be harder to justify. I can't see a doctor writing a note that the tenant medically needs an extra few days to pay their rent due to their condition. Matt Matthew Siegel, Esq. Countryside Colonial Center 2753 SR 580, Suite 209 Clearwater, FL 33761-3351 P 727-726-1900 F 727-726-7440 matt@mgfdlaw.com<mailto:matt@mgfdlaw.com> Primary Eservice: eservice@mgfdlaw.com<mailto:eservice@mgfdlaw.com> 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 Jordan M Brill Sent: Thursday, April 02, 2020 1:22 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry Forgive me, I meant FHA, not ADA. To answer, your question, yes, they appear to be alleging that the disability prevented a timely rental payment. Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.glachmanbrill.com%2f&c=E,1,cpdhc_IQYXnSXN4pP2X1eponT0t2xHhCzRoL5S3w-PW3qJAgHe7B4r5jmT60hvHFc7PiFJDM5-PoX-1EGs6L1ufIk4mgARMp_7wpJwQzOGruIxqY&typo=1> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Amanda Kison Sent: Thursday, April 2, 2020 1:16 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: Re: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry I'm confused - Are they claiming the inability to timely pay rent is tied to a disability under the ADA? Amanda R. Kison, Esq. Board Certified Business Litigation Bentley & Bruning P.A. 783 South Orange Ave., 3rd Floor Sarasota, FL 34236 (941) 556-9030 (Main) www.bentleyandbruning.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.bentleyandbruning.com%2f&c=E,1,iu7OegNuqJY6uSJlh7cqey7fLMJkTk65nDmlatcAolFS7-T7edkLJBci_Cq_VsSuv8yPF60SWhMxlkizQWRLR6WetSqiviUa0RsF1cLUQTqfD9M,&typo=1> Please note that Bentley & Bruning is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley & Bruning unless absolutely necessary. We will be available by email, Skype or telephone as usual. We appreciate your understanding and cooperation and apologize for any inconvenience. 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 Jordan M Brill Sent: Thursday, April 02, 2020 1:13 PM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>> Subject: [RPPTL LandTen] Reasonable Accommodation - Untimely Rental Payments and Failure to Deposit Money in Court Registry I represent a landlord in an eviction, and received a letter today from legal aid, on behalf of a tenant, which requested a reasonable accommodation under the ADA and a local ordinance. The accommodation is the "acceptance of rental payments upon certain conditions and stipulations." We already filed the eviction long ago and would have gotten a default, had the courts not suspended them due to the coronavirus. Does anyone think there is any merit to this being a reasonable accommodation, or have any insight based upon receiving something similar before? Thanks, Jordan Jordan Marcus Brill, Esq. Glachman & Brill, P.A. 6421 Congress Ave., Suite 120 Boca Raton, FL 33487 (561)859-0679 jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> www.glachmanbrill.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.glachmanbrill.com%2f&c=E,1,fb4zohcJ3_eG40T3NOTuYvoJFagn6LHbr0TNwfa4jcbtYYzpnGkbgl4Prn6s8k097lzCxY0AbMbQ13iY-XWlH7a6ivnC4ddpCADNOGp1TvQrtcSHRgbDjyU6&typo=1> The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com<mailto:jordan@glachmanbrill.com> and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.