Loren v. Sasser

Nicole Loren (plaintiff) bought and moved into a home in the Hernando Beach South subdivision in Hernando Beach, Florida. Loren lived in the house with and was the caretaker for her mother, Bettie Newbold, who had physical disabilities, and her severely mentally and physically disabled step-aunt, Charlene Janke (plaintiffs). Newbold had significant mobility issues, and Janke was blind and developmentally disabled. Loren requested permission from Hernando Beach, Inc. (defendant), the developer of the subdivision, to construct a chain-link fence around her front yard for security so that Janke would not wander off and the Janke’s guide dog would not get loose. The president of Hernando Beach, Inc., Charles M. Sasser, Jr. (defendant), denied the request, stating that fences were not permitted in front yards and, because Loren owned a corner lot, the fence may obstruct the views of motorists. Loren, Newbold, and Janke filed a complaint in district court against Sasser and Hernando Beach, Inc., alleging violations of the Fair Housing Act (FHA) and the Florida Fair Housing Act (FFHA). Loren and the others alleged that the requested front-yard fence was a reasonable and necessary modification and that Sasser discriminated against them by refusing permission to erect it. The district court granted summary judgment for Sasser and Hernando Beach, Inc., because there was no discriminatory intent for denying permission. The jury found in favor of Sasser and Hernando Beach, Inc., finding that they did not discriminate against Loren, Newbold, and Janke when denying the deck and ramp request. Loren, Newbold, and Janke appealed.