All Forum Posts by: Sam Leon

One additional thought...what if I add into my lease, and require an applicant to sign, that if and when SB 1128 (discussed above) is passed in Florida, they agree to have their ESA re-certified under the new rules in full compliance within 30 days of the new laws. if they are unable to have their animals certified as ESAs, then their animals will be reclassified as pets again, and if they are in no pet accommodations that's a lease violation.

Would that be a good or really bad idea as a deterrent to someone who's gaming the system with bogus ESA claims?

 From the looks of it it has a good chance of being passed soon.

2.a. An individual with a disability who has an emotional
75 support animal or who obtains an emotional support animal is
76 entitled to full and equal access to all housing accommodations
77 provided for in this section, and such individual may not be
78 required to pay extra compensation for such animal. If an
79 individual’s disability or disability-related need is not
80 readily apparent to a housing accommodation, the housing
81 accommodation may request written documentation prepared by a
82 health care practitioner, as defined in s. 456.001, which
83 verifies that the individual has a disability or a disability
84 related need and has been under the practitioner’s care or
85 treatment for such disability or need, and the animal provides
86 support to alleviate one or more identified symptoms or effects
87 of the individual’s disability or disability-related need.
88 b. The written documentation, as specified in sub
89 subparagraph a., must be prepared in a format prescribed by the
90 Department of Health in rule and may not be prepared by a health
91 care practitioner whose exclusive service to the individual with
92 a disability is preparation of the written documentation in
93 exchange for a fee. The Department of Health may adopt rules to
94 administer this sub-subparagraph.

101 (10) A person who falsifies written documentation, as
102 specified in sub-subparagraph (6)(b)2.a., for an emotional
103 support animal or otherwise knowingly and willfully
104 misrepresents herself or himself, through conduct or verbal or
105 written notice, as using an emotional support animal and being
106 qualified to use an emotional support animal commits a
107 misdemeanor of the second degree, punishable as provided in s.
108 775.082 or s. 775.083, and must perform 30 hours of community
109 service for an organization that serves individuals with
110 disabilities, or for another entity or organization at the
111 discretion of the court, to be completed in not more than 6
112 months.

So the real teeth is to require that the certification must NOT be provided by health care practitioners whose  purpose is to provide certification for ESA for the individual in exchange for a fee AND if found misrepresentation it will require 30 days community service.

I hope it gets passed soon.

One more interesting link.

https://www.sun-sentine

State Sen. Manny Díaz Jr., R-Hialeah, has sponsored a bill (SB 1128) that clarifies that documentation supporting an emotional support animal must come from a person’s regular doctor. That provision intends to stop online services that exist solely to provide paperwork for emotional support animals.

“You can’t have a health care provider who you go see only for this case,” Díaz said. “It has to be a health care provider you see for your regular care.”

I guess if and when this bill is passed, there is really no teeth in enforcing the faked ESA certification anyone can get online from a doctor who they have never seen or been diagnosed except for some stupid survey they have to fill out which they know what they have to do in order to qualify.

"(4) A few suggest changing the word "pet" in your pet policies to "animal" to cover all animals regardless if they are pet or not. Good idea?"

I think I will change the terms from "pet" to "animal" in my application and lease agreements.

Also, I kept hearing ESAs are not pets, so they don't have to obey rules and guidelines established for pets.  I don't think this is true.  I am thinking the more reasonable approach is (correct me if I am wrong please):  

I have a no pet policy at this property, you have a ESA or two (in this case four), I would required an active, license mental health provider to sign and date a form (still looking for such a form, anyone?), one form per animal to certify the disability and the link of the animal to the specific tenant.  Once that is provided, I then waive the no pet policy.  For tenants with pets I do have a pet addendum which they have to sign with additional rules (such as no abandonment, no leaving a pet in a house and go on a 10 day vacation with no one cleaning and feeding, picking up dog poop etc...), this pet addendum (now called animal addendum) will still need to be signed and adhered to.  Also I should (?) add some verbages to my lease agreement about consequences to misrepresenting a pet as an ESA or service animal would be considered a lease violation.  So sick of people putting a guide dog vest on any dog.

Does that cover it?  Anything else?  If anyone know where I can find a ESA form I can use, please let me know.

I recently interviewed an applicant and when I asked if he has any pet, he said 2 cats and 2 dogs.  When I said that single family home has a no dog policy, he said those are ESAs.  I asked "all of them are ESAs?"  He said "Yes".

(1) I started to look into whether a tenant may keep multiple ESAs.  I can't quite get a clear answer.  It seems that one could have multiple ESAs where each different animal provides relief for a different disability.  On the other hand, I also saw references that some are able to get certification stating multiple ESAs are needed for that single disability.

(2) Seems anyone can get a certification for ESA from any online sources in 5 minutes.  How do you guard against abuse?  If you use your own form, can someone share a sample form?  I assume the trick is to request the form to be signed and dated by a medical professional?  One form per animal?  Are these forms state specific?

(3) I also read that FHA governs rental property while ADA is for public places. However there are sections under ADA specifically address housing. This seems confusing. Is that ADA housing section pertaining to public housing such as dorms and hotels?

(4) A few suggest changing the word "pet" in your pet policies to "animal" to cover all animals regardless if they are pet or not.  Good idea?

(5) Somewhere I saw a reference that landlords who owns less than three single family homes and do their own property management may be exempt from accepting ESAs under FHA. Anyone knows if that means the owner must OWN less than three SFHs? Or the owner has less than three RENTAL SFHs? What if I have four SFHs, two for self use and two for rental? Am I exempt in this case?

(6) If I asked him if he has any pet, and he replied two cats and two dogs, this being in email, does it mean he already admitted those are pets?  It's only when I said I do not allow dogs at that location he said those are ESAs.  Does that help my case in proving it's BS?

Just wanted to share a recent sale where the deal almost fall apart.

This is a private sale, I found the seller via Zillow's "MAKE ME MOVE" advertising, which is in itself unusual because I have always assumed these MMM sellers are just ways to gauge the market and not serious and eventually they will list it formally.  But I found a property that is very interesting so I sent in an inquiry, arranged a viewing, and yes, the seller said he is "not sure if he really want to sell".

I sent in a formal offer the evening same day I viewed the property.  AS IS with rights to inspect, 72 hours to accetpt, counter or decline.  He sat on it for 4 days then came back with a counter offer.  After some further text message negotiation we had a signed contract.  No agent, just him and I and we both have an attorney.

Everything was smooth sailing and the day before closing, my attorney got a call from the seller's attorney saying they need an extension for a week.  The reason given is they need to get the seller's wife to sign off, WHAT?  I looked up the title, and it's not husband and wife, only the seller's name (say John Doe) is on the title, I toured the house, inspection, had an appraisal, etc etc etc...and never saw a woman in the picture.

Turned out he is married and never add wife's name on the title, but now they are separated and heading to a divorce.  My lawyer thinks he was trying to sell the property and pocket the money since it was under his name only, but technically he can't sell it until things are settled.

So at that point I have already spent money on loan application, appraisal, inspection, survey, even home owner insurance, windstorm insurance, flood insurance are all binded and his wife whose name is not on the title can veto the sale and there is nothing I can do about it.  Ouch.

At the end though the wife signed the contract and the sale was finalized, the money after paying off their lender went into an escrow.

I wonder what happened if the sale went through before the wife finds out about the sale, can the wife reverse the sale?  Will it be a title defect?

 LOL that alone would increase property value two fold for the entire neighborhood.

 In Florida in order to get insurance you need to submit a recent four point inspection report, a wind mitigation report, and a flood elevation certificate.  The insurance agents have to enter relevant information on these inspection reports such as plumbing, electrical, age, presence of hurricane shutters, flood zone, lowest elevation point, connection methods between wall and roof framing etc etc etc...in order to acquire home owners insurance, windstorm insurance and flood insurance.

The presence of polybutylene pipes are noted on these reports, and are major red flags for insurance carriers.

The only work around I know of is some people will hire "incompetent" inspectors who will "miss" noting the pipes LOL.

 At first the loan officer said everything is in order.  But after I mentioned this being a potential red flag which I want to know sooner than later, she advised me to contact their pre-underwriting.  Someone there passed me to someone else, that someone else is on vacation and they asked me to contact someone else, and it's been a circle so far and I am still waiting to hear back.

Wayne yes I am using the FAR/BAR AS IS form (2010 version so it's older).  I didn't know that there is another mortgage contingency kick out clause somewhere.  I will check now.  I have also asked my attorney handling this deal.  Thanks.