102717judge-and-gavel

HOUSING DISCRIMINATION

U.S. District Court, Fort Myers

A federal jury ruled the city of Sanibel was not liable for alleged misconduct in an affordable housing program.

In 2015, Trisha and Christopher Floyd and their son moved into Woodhaven, an apartment complex that is part of the city’s below-market-rate housing program. The city had an agreement with Community Housing and Resources Inc. to maintain the property. The city funds CHR and is involved in some decision-making. The Floyds claimed requests to eliminate toxic mold in their home, which had caused illness, were ignored. They claimed CHR, which reached a pretrial settlement, was an agent of the city.

The city denied liability, arguing CHR was an independent contractor. The jury issued a defense verdict.

Case: Floyd v. City of Sanibel

Case No.: 2:15-cv-00795-PAM-CM

Plaintiffs attorneys: Christopher Joseph DeCosta and Jason W. Holtz, Holtz Mahshie DeCosta, Fort Myers

Defense attorneys: W. Hampton Johnson IV and Christopher J. Stearns, Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, Fort Lauderdale; and John F. Potanovic Jr., Henderson, Franklin, Starnes & Holt, Fort Myers