Landlords sued for Refusing to Rent to Felons

Landlords sued for Refusing to Rent to Felons

On May 20, 2019, a landlord in Orlando was negotiating with a potential renter who mentioned he had a felony conviction on his record. Upon hearing this, the landlord instantly turned down the application, stating that he “does not rent to felons.” A few days later, the potential client sued the landlord for discrimination.

Nothing in the Fair Housing Act specifically denies landlords the right to reject an applicant based on a prior conviction for a felony. However, a blanket policy to reject applications from felons can have an indirect impact on minority populations, which led the U.S. Department of Housing and Urban Development (or HUD) to issue a statement in the year 2016 regarding criminal backgrounds.

According to a study by the University of Georgia, approximately 8% of American citizens have felony convictions on their records. However, according to the same study, in the African-American community, the percentage increases to 23% and 33% percent for adult males specifically. In part, this higher percentage results from an anti-drug restriction made roughly 30 years ago that specifically focused on low-income communities.

The HUD reasons that because some minority communities have a considerably higher percentage of members with a felony conviction on their records, a blanket policy not to rent to convicted felons has a disparate impact on minorities. This essentially means that this “disparate impact” caused by having a blanket policy against felony convictions clearly violates the Fair Housing Act, according to the HUD.

Here are a few things to consider when developing an in-house rental policy for your real estate business:

Impact
Does the policy have a disparate impact? This is defined as an action that, although it may not discriminate against a specific applicant, it may still affect a specific group protected under the Fair Housing Act. Does the policy have a distinct impact on a specific community because of national origin or their race? Although the HUD understands this is fact specific, it takes into account several Department of Justice statistics showing that blanket denials in the United States based on criminal history have a greater impact on African Americans and Hispanics than any other community.

Justification
A property owner must be able to show that the policy is justified, which the HUD defines as a policy that is “necessary to achieve a substantial, legitimate, nondiscriminatory interest.” This means that the policy cannot be hypothetical or speculative; there must be evidence that supports the policy. While the HUD may take into account the protection of other residents’ safety and their property, the property owner must prove through solid evidence that the policy was designed to serve that purpose.

Are There Other Options Available?
Is there an alternative to this type of policy available? This depends on the specific details of the applicant’s background. However, the HUD will consider the length of time that has passed since an applicant was convicted, the specific circumstances surrounding the criminal conduct, and a good tenant rental history either before or after the conviction.

Recommendations for Landlords in Florida

• Create a written policy that contains detailed standards on how to evaluate individuals on a case-by-case basis.
• Document all research done and decisions made on applicants and review this information periodically to make sure the policy is:
  • Being properly followed, and
  • Not having a discriminatory effect.
• Take your time to evaluate an individual’s criminal record. This will help avoid any unintended discriminatory effect.
• Do not reject applications based on prior arrests that did not result in a felony conviction.
• Make sure to remove application questions that specifically ask about arrests that did not result in convictions.
• Always make sure to evaluate applicants on a case-by-case basis.
• Do not apply policies or practices against criminal records in an inconsistent manner. This may result in a claim of intentional discrimination filed against you by an unhappy applicant.

If you are a landlord in Florida who has been sued for discrimination or are looking to create detailed policies for your real estate business, contact Jurado & Farshchian, P.L. today – we can help you.
Call us today at (305) 921-0440 or send us an email to Romy@JFLawFirm.com to get started.

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Florida Probate Administration – What You Need to Know

Florida Probate Administration – What You Need to Know

When a resident of Florida passes away, a Florida court must, in most cases, review and administer that person’s estate through a process known as Probate.

Depending on the nature of the estate, it can go through either Formal Administration or Summary Administration. Generally, Formal Probate Administration is much lengthier and complex than Summary Administration, which is why it is important to understand the requirements for each.

Summary Probate Administration

For certain Florida estates, Summary Administration is a “shortcut” that can be used to avoid Formal Administration, which is a more complex, expensive, and time-consuming process.

Under the Florida Probate Code, Summary Administration is only available in cases where:

1. The decedent has been dead for more than two years, or
2. The total value of the decedent’s estate is lower than $75,000.

Florida Summary Administration can be started either by the “executor” of the estate or by anyone who is to inherit assets from the decedent’s estate. The first step is filing a Petition for Summary Administration with the court, which must state that the estate qualifies for Summary Administration and list all assets included in the estate and all beneficiaries of such assets.

In order to be protected against any outstanding conflicts, all beneficiaries to the estate must either sign the Petition for Summary Administration or be given notice of it. Assuming no issues arise, the Petition for Summary Administration will allow the court to issue an order releasing all listed assets to their assigned beneficiaries.

Formal Probate Administration

For those estates that do not qualify for Summary Administration, a more detailed Probate process is required. This is known as Formal Administration.

The Formal Administration process begins when the Probate court appoints a personal representative to handle the administration of the estate. The duties of a personal representative are set forth in detail in the Florida Probate Code and include:

• Identifying and listing all assets included in the estate,
• Paying off all debts owed by the decedent, and
• Distributing the assets to all beneficiaries.

During the Formal Administration process, anyone who believes they are owed money or assets by the decedent will have time to come forward and file an official claim with the court. When creditor claims are filed against an estate, the personal representative must address such claims and pay all debts owed by the decedent. Additionally, the personal representative must provide a final report to the court showing how the assets are to be distributed to the beneficiaries. Depending on the nature and size of the estate, and whether creditor claims are filed and how many, the Formal Probate Administration process can take anywhere from a few months to several years.

Disposition Without Administration

When it comes to Probate, there rare circumstances where an estate may avoid Probate administration altogether, through a process known as “Disposition without Administration.”

Disposition without Administration is allowed when the decedent left behind very little assets, and what remains of the estate can usually be used to reimburse final expenses. However, estates that include real property that needs to be distributed amongst heirs, such as a farm or a home, will not qualify for Disposition without Administration.

Anyone who paid for the final expenses of a family member or loved one and believes that they may qualify for Disposition without Administration should contact a qualified Florida Probate Attorney for assistance with the filing of the required paperwork.

Work with a Florida Probate Attorney

The Florida Probate Attorneys at Jurado & Farshchian, P.L. understand that handling Probate issues and going through court proceedings during difficult emotional times is something nobody enjoys doing, which is why we are dedicated to helping you through the Florida Probate process with sensitivity and efficiency.

Jurado & Farshchian, P.L. has successfully guided many clients through Summary and Formal Probate Administration in Florida and we can certainly guide you.

Our team will help you determine which process is best suited to your needs and create a solid strategy that allows you to move through Probate administration as quickly and smoothly as possible.

To schedule an initial consultation with one of our experts to discuss your Probate issues, call our office at (305) 921-0440, or send us an email to Romy@jflawfirm.com.

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The Florida Probate Process

The Florida Probate Process

Starting the Process

Probate is the process of identifying the assets that belong to a decedent’s estate, using those assets to pay any debts or obligations owed by the decedent, and finally distributing the remaining assets to the beneficiaries named in a will or according to Florida laws, in case there is no valid will.

Upon the death of an individual, the first step in the Probate process is known as “opening of the estate.” This happens when the personal representative named in the decedent’s will or one of the decedent’s beneficiaries notifies the court of the need to open and administer the estate.

When preparing for the opening of an estate, several steps must be taken in order to ensure that the Probate administration proceeds as smoothly as possible. Firstly, the personal representative must assess the nature of the estate to identify its size, what assets are to be included, and all outstanding debts. During the Probate administration process, all assets must be accounted for, which is why it is crucial to create a detailed list of these assets.

Additionally, the personal representative should hire a Florida Probate Attorney.

In Florida, the personal representative of an estate is required by law to hire an attorney unless:

1. The personal representative is an admitted Florida attorney, or
2. The personal representative is the only interested party to the decedent’s estate.

Working with a qualified attorney is crucial, as it will help guide the administration of the estate as well as anticipate any issues that may arise down the road and potentially lead to litigation.

Opening the Estate

After the personal representative begins a preliminary identification of the assets included in the estate and hires a Probate Attorney, the formal paperwork for the opening of the estate must be filed with a Florida Probate court.

The process of opening an estate must proceed as follows:

• Filing a petition to open the estate for Probate with the court.
• Filing proof of death for the decedent.
• Serving notice of forthcoming estate administration to all interested parties including family members, beneficiaries, and trustees.
• Serving notice to all known creditors.
• Publishing notice for any potential unknown creditors.

Once these steps are taken, the court and personal representative will move forward with the administration of the decedent’s estate.

If creditors or interested parties notified of the Probate administration take issue with its proceedings or any will be related to the decedent’s estate, they may raise these issues through an objection and may even proceed to litigation. For this reason, in the context of a highly contested estate, the Probate process can sometimes take years before completion.

Closing the Estate

Once all claims filed against an estate have been properly addressed and all debts have been paid, the assets must be prepared for distribution. After that, the Florida probate court may conclude that the administration of the estate is complete. At this point, the Probate Attorney handling the case may file a petition to close the estate.

In order to ensure that future issues related to the estate do not arise, the Probate Attorney may request signed “waiver and consent” forms from all interested parties, consenting to the filing of a petition to close the estate. If, however, the parties do not agree to sign such forms, the personal representative will need to provide a formal accounting of all actions taken during the administration of the estate that includes details of how all assets were distributed. The Probate court will then approve this accounting and, once the distribution is complete, discharge the personal representative and finally close the estate.

Hiring a Probate Attorney

Our Miami Law Firm, Jurado & Farshchian, P.L. has several years of experience assisting clients through the Probate process all over Florida. Our lawyers handle probate administration cases, issues regarding will contests, Probate litigation, and much more. When it comes to Probate in Florida, our lawyers are the best you can find.

Whether you are a personal representative, a creditor with a claim against an estate, or the beneficiary of a will, Jurado & Farshchian, P.L. will guide you through the complexities of the Probate process and help you solve any problem you encounter down the road.

To schedule an initial consultation with our team of experts, contact us at (305) 921-0440, or send us an email to Romy@jflawfirm.com.

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The 5-Step Guide to Registering Your Trademark in Florida

The 5-Step Guide to Registering Your Trademark in Florida

The intellectual property of your business is one of its most valuable assets, and one of the most common forms of IP is the trademark. Generally, a trademark is any symbol, word, design, or mark that is used by companies to assign an identity to their products or services. Like the Nike swoosh or the McDonalds’ golden arches, for example. The purpose of registering trademark is to distinguish your business from the rest and bring recognition to your product or service from the moment it is seen or heard by customers. It is for these reasons that all businesses must make sure to protect their marks to not only prevent another company from claiming it but to also uphold the integrity of their brand.

Although the overall process of registering a trademark in Florida is fairly straightforward, it is important that you take it very seriously and work side by side with an experienced trademark attorney to make sure you do not make any costly mistakes. Registered marks are granted legal protection against others who might try to steal them, use a similar mark, or deceit customers with counterfeit versions of your product. Additionally, there might be different things you will have to consider at both the state and federal levels of the law.

Here is a 5-step guide to registering your trademark in Florida:

1. Hire a Trademark Attorney

Since anyone can register a trademark with the United States Patent and Trademark Office (USPTO), it is important to make sure that you have the help of an experienced trademark attorney. This is because there are many issues that can emerge during the process of registering a trademark that will affect the validity of your mark, and it might be difficult for you to solve every problem effectively, especially if this is the first mark you have ever attempted to register.

2. Identify Your Trademarks

Once you have hired the right attorney, the next step in any trademark registration is to make sure you have clearly chosen your mark as the identifier of your brand. You must make sure that the mark you choose to register is the one you want to stick with. Once you have made a decision on a mark, you will then have to determine whether it can actually be registered. In order to qualify for a trademark registration with the USPTO, a mark must:

1. Be used in commercial activities; and
2. Be unique and distinctive.

Although these two requirements may seem simple, they actually come with several legal concerns regarding how unique or distinct your mark has to be in order to qualify for registration.

Your Jurado& Farshchian, P.L. Trademark Lawyer will provide expertise during this part of the process to help you make sure the mark you register is as unique and strong as it needs to be, in order to ensure a successful application.

3. Conduct a Trademark Research

Before you actually attempt to file your application, it is crucial that you check whether the mark you intend to register is actually available and has not been taken by another company. The USPTO will reject any mark that comes with a high “likelihood of confusion” with any other mark that has been previously registered. Searching for similar marks and determining whether yours will hold up is a tricky process, so the guidance of an experienced attorney is more than crucial.

4. Prepare Your Application

After your mark is prepared and you have determined that it will not likely be confused with another mark in the USPTO database, you will have to move on to actually preparing your trademark application. The USPTO will require that you categorize your mark in one of two ways:

1. Used in commerce (your business is already using the mark); or
2. Intent to use (you intend to use the mark in the future).

Once this is done, you and your attorney will be allowed to follow the USPTO’s electronic application process, gather the required documents, and arrange for payment of any filing fees.

5. Submit Your Application

Once all the steps above have been taken care of, the final step is actually submitting your trademark application. Before you do, make sure to go over it carefully with your attorney, as many times as necessary, to make sure everything is presented the way you want it. After you submit your application, the USPTO will review your case and make a decision to either approve or deny your trademark registration.

At Jurado & Farshchian, P.L., our team of skilled and experienced Trademark Attorneys will handle your Florida Trademark application with the levels of proficiency and attention to detail you deserve. We have years of experience helping business owners register their trademarks and the list of satisfied clients grows every single day; let us add you to it!

To learn more about how we can help your business thrive, call us today at (305) 921-0440 or send us an email to Romy@jflawfirm.com to schedule an initial consultation.

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E-1 and E-2 Visas – What You Need to Know

E-1 and E-2 Visas – What You Need to Know

The E-1 Treaty Trader Visa and the E-2 Treaty Investor Visa are advantageous non-immigrant visas intended for individuals who want to enter the United States for business purposes and have the nationality of a country with which the United States maintains treaties of commerce and/or navigation – commonly known as a “treaty countries.”

The E-2 Treaty Investor Visa

As mentioned above, the most important requirement of the E-2 Visa is that you must be a national of a country that maintains a qualifying E-2 treaty with the United States.

If your country of origin and the U.S. have the required treaty, then the following requirements must be met in order to successfully apply for an E-2 visa:

• You must prove through solid evidence that you own at least 50% of a U.S. business.
• You must intend to enter the United States to direct and develop the business.
• You must have invested or be planning to invest a substantial amount of capital in a U.S. business and must be able to demonstrate that the investment is at risk, controlled by you, and irrevocably committed to the business.
• The investment must not be in a marginal business.
• The U.S. business must be operational or be set to being operational in the near future.

The E-2 Visa is granted for a period of two to five years and can be renewed indefinitely. Additionally, the unmarried children under the age of 21 of an E-2 Visa holder are also eligible to obtain the E-2 Visa status and the spouse can apply for a work authorization.

Foreign workers who are essential to the operations of a U.S. business can also be granted the E-2 status.

Providing a fully comprehensive list of the E-2 Visa requirements is a task for an immigration attorney with expertise and experience handling this type of visas as the requirements can vary depending on the type of business and the U.S. Consulate through which the foreign national is applying.

The E-1 Treaty Trader Visa

The E-1 Visa is a temporary, non-immigrant visa intended for individuals who may not have a substantial amount of money invested in a company but rather trade either goods or services between their home country and the United States.

As with an E-2 Visa, a valid treaty between the applicant’s home country and the United States is the first and most important requirement to qualify – no exceptions.

If your country of origin and the U.S. have the required treaty, then the following requirements must be met in order to successfully apply for an E-1 Visa:

• The trading firm the applicant is representing must have the nationality of the same treaty country as the applicant.
• Majority ownership (at least 50%) of the U.S. company by the applicant.
• Trade must be substantial between the U.S. company and the foreign company.
• The applicant must be employed in a supervisory or executive position or possess highly specialized skills.

The E-1 visa is granted for a period of two years and it can also be renewed indefinitely. The spouse and unmarried children under the age of 21 of an E-1 visa holder can also apply for the E-1 Visa status and the spouse is allowed to work in the United States under a work permit.

Foreign workers who are essential to the successful operations of a U.S. business can also be granted the E-1 status.

As with the E-2 Visa, providing a thorough list of the E-1 Visa requirements is a task for an immigration attorney with expertise and experience handling this type of visas as the requirements can vary depending on the type of business and the U.S. Consulate through which the foreign citizen is applying.

Generally, the expertise of other individuals such as international tax accountants or foreign investment experts may not be enough. The help of an experienced business and immigration lawyer is priceless when it comes to the E-1 and E-2 visas.

Jurado & Farshchian, P.L. – Your E-1 and E-2 Visa Attorneys

At Jurado & Farshchian, P.L., our experienced Immigration Attorneys will not only help you get your E-1 and E-2 Visas approved but they will also be with you in every step of the way towards making your business a significant part of the economy of the United States.  Get in touch with us by calling us at (305) 921-0440 or by sending us an email to Romy@jflawfirm.com.

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Starting a Business as a Foreigner in the United States

Starting a Business as a Foreigner in the United States

When it comes to foreigners looking to enter the United States with the purpose of starting a business, while each case is different, there are a number of visa options made available by the U.S. government. In this article, we will explore which visa options may be appropriate to start an enterprise in the United States as a foreigner that you should definitely consider.

The B-1 Business Visitor Visa

Usually, individuals think the B-1 Business Visitor Visa is the most suitable option for someone who wants to start a business in the United States simply because of its name. Unfortunately, this is a common misconception.

The B-1 Visa is actually intended for those who wish to stay in the U.S. for a limited period of time, generally less than 6 months. A great way to determine whether this is the right visa for you is to carefully look at which business activities are permitted under the B-1 status. If you can honestly state that your intentions fall under these categories and can provide sufficient evidence to support that statement, the B-1 visa may be the answer for you. The business activities permitted under the B-1 status include:

• Conducting negotiations.
• Planning meetings, purchases, or investments.
• Carrying out research, hiring staff, or conducting interviews.
• Purchasing goods related to the business.
• Looking for an office space and negotiating a commercial lease.

L-1 Visa

The L-1 Intra-Company Transferee Visa is for individuals who work for a multinational company in positions such as high-level executives, managers or other specialized employees. This visa is generally sought when the company needs to transfer these individuals to the U.S. and back to the foreign country repeatedly and constantly.

There are two types of L-1 Visas: the L-1A Visa and the L-1B Visa. When it comes to starting a business in the United States as a foreigner, the L-1A is the most relevant as it allows executives and managers to start a new office or branch of the company in the U.S. – in which case, the visa will only be issued for an initial period of a single year instead of the typical three. The USCIS will then re-evaluate your case after the new office or branch begins operations.

The E-2 Visa

Another great option for foreigners looking to enter the United States with the purpose of starting a business is the E-2 Visa.

The E-2 Visa is intended for investors who are looking to enter the United States to direct the operations of a business in which they have invested a substantial amount of money. When it comes to starting a business in the United States, the E-2 Visa is one of the best options for you as it allows you to not only purchase an existing business but also start a new one from scratch. However, these visas are only available to citizens of countries with which the United States maintain treaties of commerce and navigation.

EB-5 Investor Visa

The EB-5 Visa requires an individual to invest an amount of money between $500,000 to $1,000,000 in a commercial enterprise in the United States.

There are 10,000 EB-5 visas made available every year, out of which 5,000 are reserved for individuals who file an application through a CIS-designated Regional Center.

According to USCIS, what qualifies as a commercial enterprise for this visa category includes:

• Partnerships.
• Sole proprietorships.
• Joint Ventures.
• Holding companies.
• Corporations.
• Business Trusts.

H-1B Visa

If you are familiar with the H-1B Visa and its requirements and limitations, you might be scratching your head right now, wondering why this visa made it into the list of visas that allow you to come to the United States with the purpose of starting a business.

The H-1B is designed for employers looking to bring foreign employees to the country through a sponsorship. You must have an employer sponsoring your application to qualify for this visa, without exception. Because you cannot apply for this visa directly and there must be an employer-employee relationship, starting a business with it could seem impossible at first glance; however, there are a few ways you can make it work.

It is understood that you can start a business in the United States with this visa as long as you are not the sole proprietor of the company and you are not your own sponsor. This means that, if you can establish an entity with the power to employ you, then you can effectively build a startup business as a foreigner under the H-1B status.

Starting a Business in the U.S.? Our Immigration Lawyers Can Help

Starting a business in the United States as a foreigner can be a problematic endeavor if the appropriate steps are not taken. Your visa, just like your business, will be a significant money, effort, and time investment. The best way to protect that investment is to have an expert by your side at all times during the application process.

Our lawyers have years of experience handling immigration cases based on business. Our team of specialists will help you determine which course of action will be best for your situation. After we have determined which visa you should apply for, we will represent you in your application process and help you prepare all the necessary documents to make your submission one with high chances of success.

However, it does not end there. Our team includes some of the best business lawyers in Florida, who will provide assistance during the business formation process and, once you begin operations, will continue representing you and protect your best interests.

To get in touch, call us today at (305) 921-0440 or send us an email to Romy@jflawfirm.com.

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Pros and Cons of a Florida LLC for Aspiring Small Business Owners

Pros and Cons of a Florida LLC for Aspiring Small Business Owners

A Florida LLC is a business entity that combines the benefit of strong liability protection of a corporation with the simplicity, flexibility, and tax-related advantages of a partnership. However, like all other business structures, the LLC has pros and cons that you should be aware of before deciding whether or not this type of entity is the best one for your new company.

Here is a list of the main advantages and disadvantages of the Florida LLC structure:

Pros of a Florida LLC

It is Relatively Easy to Set Up

Compared to corporations, Florida LLCs are relatively simple to set up and operate. The paperwork is far less complicated, the process much less complex, and you are not required to maintain minutes of meeting or record resolutions.

Pass-Through Taxation

Unless you specify otherwise, LLCs are what is known as “pass-through” entities, meaning that all profits go directly to the members without being taxed as a company. Instead, the members of the LLC include this money on their individual federal income tax returns. Given that LLC profits are not considered earned income, they are not subject to self-employment taxation.

The same principle applies when the company loses money – all members can claim the loss on their individual tax returns and reduce their tax burdens. This pass-through taxation avoids the dilemma faced by C-corporations, where all profits are taxed first as business income and then taxed again as personal income taxes for each owner after the profits are distributed.

Management Flexibility

Unlike a corporation, a Florida LLC has no restrictions on the number of members it can have or the way the management structure is organized. In fact, Florida even allows the formation of LLCs with a single member, which some states do not. Additionally, a Florida LLC may also be owned by foreign individuals and corporate entities.

Under the Florida LLC Act, you can choose to have your company managed either by owners or designated managers who do not necessarily have to be members. This is usually more convenient if you and the other members of the LLC lack experience in successfully running a business.

Limited Liability

Perhaps the most important feature of Limited Liability Companies is included in its name: Limited Liability.

LLCs are similar to corporations because they shield the owners from personal liability for business debts. Unless you have specifically guaranteed company debts using your personal assets, your liability is limited to the amount of money you invested in the company. Assets separate from the business, such as cars, homes, personal bank accounts, and private investments will generally remain protected.

Cons of a Florida LLC

Although a Florida LLC might present several advantages, especially for small businesses, there are also some disadvantages that need to be considered, including:

Ownership is Not Easy to Transfer

There is limited flexibility in a Florida LLC when it comes to transferring ownership. Members must indicate early on in the operating agreement whether or not ownership can be transferred and, if so, whether the consent of the other members is required to allow the transfer. This requirement can make it a bit difficult for you to transfer your business interests to your family members, for example.

Limited Case Law

Since Florida LLCs are relatively new concepts compared to traditional partnerships and corporations, there is a limited legal precedent to base upon when disputes arise, which means that the outcome of cases involving LLCs is far less predictable compared to other business entities.

The One-Step Guide to Successfully Setting up a Florida LLC

Step One: Hire a Business Lawyer to Help You.

Although LLCs are highly popular among small business owners, setting up one is not free of complications and hidden dangers; this is why hiring an experienced Business Lawyer to assist you during formation of your new business must be at the top of your to-do list. Additionally, the help of a seasoned business lawyer who specializes in Florida LLC entities is crucial towards deciding whether a Limited Liability Company is, in fact, the right structure for your company.

At Jurado & Farshchian, P.L., we will be pleased to meet with you, review your unique business goals, and help you decide if a Florida LLC is right for you. Regardless of the business structure you end up choosing, we will remain by your side in every step of the way towards establishing and running a successful business.

To schedule an initial consultation with our Business Experts, you may call us at (305) 921-0440 or send us an email to Romy@jflawfirm.com.

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