Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 1 of 218 PageID 1

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

CASE NO. _______________

DILLON and LEAH MULLINS, Each Indi-

vidually and as Next Friends to S.M. and
F.M., DANIEL and KRISTIE ARSENEAULT,
Each Individually and as Next Friends to
M.A. and L.A., ASHLEY BAEZ, Individually
and as Next Friend to O.B. and J.B., NICHO-
LAS and CATY BARRON, Each Individually
and as Next Friends to F.J. and H.B.,
LAVERNE and SAMANTHA BORST, Each
Individually and as Next Friends to J.B. and
L.B., ANGELIQUE COLÓN, Individually
and as Next Friend to A.C. and E.C., JESSE
and JULIE CORNELL, Each Individually
and as Next Friends to D.C., L.C., and R.C.,
RAFAEL and DANIELLE CORTES, Each In-
dividually and as Next Friends to V.C.,
ADRIAN and SANDRA DE LA CRUZ, Each
Individually and as Next Friends to
E.D.L.C., S.D.L.C., and A.J.D.L.C., MAURI-
CIO DE LA GARZA, and MARICELA
NUNEZ PEDRAZA, Each Individually and
as Next Friends to M.D.L.G. and
M.D.L.G.N., COURTNEY ELLIOTT, Individ-
ually and as Next Friend to M.E. and W.E.,
MANDONNA and FAISAL FAROOQ, Each
Individually and as Next Friends to A.F. and
H.F., TANYA GARDINER, Individually and
as Next Friend to S.G., K.G., and DESIREE
GARDINER, her disabled daughter, JOHN
and AMANDA JENSEN, Each Individually,
and as Next Friends to L.J., MICAH and
CORLETHIA KING, Each Individually and
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 2 of 218 PageID 2

as Next Friends to El.K., G.K., I.K., C.K., and

Ed.K., RULONDO and NICOLE KING, Each
Individually and as Next Friends to Z.K. and
X.M., SANDRA MOHAMED, Individually,
ROBERT and ANESSA LITTLE, Each Indi-
vidually and as Next Friends to Cal.L., Ch.L,
and Car.L., CARLI LITTLE, Individually,
DANIEL and DOROTHY LOEFFLER, Each
Individually and as Next Friends to H.L. and
J.L., ALLYSON LOEFFLER, Individually,
EDWIN LOPEZ and JENIT LOPEZ GAL-
LARDO, Each Individually and as Next
Friends to H.G., P.G., A.G., D.L., and V.L.,
DEVON and BRITTANY LOVE, Each Indi-
vidually and as Next Friends to A.D.L. and
A.R.L., ALBERT and KATELYN MALONE,
Each Individually and as Next Friends to
C.M. and E.M., ROBERT and JOY MARTIN,
Each Individually and as Next Friends to
N.B., R.B., T.B., H.J., and D.M., GRANT and
ASHLEY MORAN, Each Individually and as
Next Friends to E.M., M.M., G.M., and C.M.,
KASEY and APRIL O'DAY, Each Individu-
ally and as Next Friends to A.O., I.O., and
J.O., EDGARDO PAGAN and ABIGAIL LU-
CIANO, Each Individually and as Next
Friends to L.P-L., E.P-L., and D.P-L., ERICK
and RACHAEL PROVEAUX, Each Individu-
ally and as Next Friends to S.P., and A.P.,
ASHTON J. and CHELSEA T. REYNOLDS,
Each Individually and as Next Friends to
B.R. and E.R., MICHAEL and PATRICIA
SAYRE, Each Individually and as Next
Friends to N.S., Hu.S., and Ha.S., CLIFFORD
and KRYSTIN SHANHOLTZER, Each Indi-
vidually and as Next Friends to H.S. and
R.S., DUSTIN and EMILY SHIRK, Each Indi-
vidually and as Next Friends to S.D. and
D.S., MIKAYLA THOMPSON, Individually
and as Next Friend to D.T. and L.T., JUAN
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 3 of 218 PageID 3

and YISETH TORRES, Each Individually

and as Next Friends to Ema.T. and Emi.T.,
LUIS JESUS RUEDA PRADA, Individually,
STEPHEN and PHILOMENA RYAN TRAV-
ERS, Each Individually and as Next Friends
to S.T., TUCKER and KAYLA TYOE, Each
Individually and as Next Friends to D.T. and
E.T., GEORGE and EMILY VARGAS, Each
Individually and as Next Friends to A.V.,
JEFFREY and ELENA VILLA, Each Individ-
ually and as Next Friends to L.V. and K.V.,
MICHAEL and KIMBERLY WALKER, Each
Individually and as Next Friends to A.W.
and E.W., MICHAEL and VANESSA
WEVER, Each Individually and as Next
Friends to K.W. and E.W., BROOKLYN
WEVER, Individually, THOMAS and
HEATHER WHITTAKER, Each Individually
and as Next Friends to S.W. and E.W.,

Plaintiffs,

v.

THE MICHAELS ORGANIZATION, LLC,

MICHAELS MANAGEMENT SERVICES,
INC., MICHAELS MANAGEMENT SER-
VICES LLC, AMC EAST COMMUNITIES,
LLC, INTERSTATE REALTY MANAGE-
MENT COMPANY, MMS AIR FORCE LLC,
and MICHAELS MILITARY HOUSING,
LLC,

Defendants.
___________________________________________/

ORIGINAL COMPLAINT
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 4 of 218 PageID 4

INTRODUCTION

Families throughout the nation have the right to expect landlords will

provide safe and habitable homes – especially on American military installations.

Charged with extraordinary national security responsibilities, the service men and

women stationed at MacDill Air Force Base— home of U.S. Central Command

(CENTCOM) and U.S. Special Operations Command (SOCOM)—cannot be mis-

sion-ready if they are sick, distressed, and forced to cope with appalling housing

conditions.

Defendants are all members of a conglomerate headed by Defendant

The Michaels Organization, LLC (“Michaels”) and entities it controls – Defendants

Michaels Management Services, Inc. (“MMS”), Michaels Management Services

LLC (“MMS LLC”), Interstate Realty Management Company, AMC East Commu-

nities, LLC (“AMC”), MMS Air Force LLC, and Michaels Military Housing, LLC

(“MMH”), and non-defendant Harbor Bay at MacDill.

Defendants have profited from a multi-billion-dollar corporate mili-

tary housing monopoly that abuses, sickens, and traumatizes American military

families. Pleas by service member families to repair and remediate water-damaged

and mold-ridden homes provided and managed by Defendants have been met

with inadequate maintenance practices, corporate indifference, and ineptitude.

The Defendants’ cartel-like hold on the housing monopoly also denies the service

1
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 5 of 218 PageID 5

members and their commands an effective dispute resolution system, which fur-

ther distracts from their primary responsibilities to the military.

As detailed below, Plaintiffs have had to live with appalling condi-

tions in their housing. Carport ceiling collapses, water damage, faulty air condi-

tioning, structural defects, and sustained exposure to toxic mold were part of these

families’ day-to-day existence in their homes. Predictably, these unsafe, unhealthy,

and hazardous living conditions directly led to devastating health consequences

for many of these families. Plaintiffs also suffered severe emotional harm as a re-

sult of their contact with toxic mold and other hazards.

That emotional anguish has been greatly compounded and multiplied

by Defendants’ indifference to the families’ plights, as exemplified by Defendants‘

failure to resolve or even meaningfully address the unsafe and unhealthy (and in-

deed unconscionable) conditions of the families’ homes. Despite repeated requests

and complaints from the families, Defendants not only failed to adequately redress

the problems at the homes, but they also sought to downplay, minimize, and con-

ceal the serious nature of those problems. What’s more, on numerous occasions,

Defendants made the problems worse by taking actions like tearing up walls and

ceilings without proper containment or required safety protocols, which had the

effect of further exposing Plaintiffs to toxic mold.

Defendants concealed the conditions from unsuspecting service

2
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 6 of 218 PageID 6

members and their families through false and misleading statements and failure

to disclose conditions Defendants knew about. When these conditions were later

discovered and reported, Defendants failed to properly repair and remediate sig-

nificant problems in the homes, including water damage, mold, structural defects,

HVAC, and plumbing issues. In fact, Defendants tried to persuade numerous fam-

ilies that these hazards existed only in their imaginations. Defendants also misled

many Plaintiff families into believing that adequate repairs had been made, know-

ing that families living in the homes would likely suffer health problems as a result

of the conditions.

Plaintiffs accordingly file this suit to hold Defendants accountable for

their failure to provide the safe and habitable housing that they are legally obli-

gated to provide. The law underlying Plaintiffs’ claims is designed to provide the

remedies that they seek—not only compensation for the harm, but also deterrence

for the wrongdoers. Only with transparency and accountability will these condi-

tions change.

THE PARTIES

1. Plaintiffs DILLON and LEAH MULLINS are individuals who at rele-

vant times to the Complaint resided in Tampa, Hillsborough County, Florida.

LEAH MULLINS is also the parent and/or legal guardian of Plaintiffs S.M. and

F.M.

3
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 7 of 218 PageID 7

2. Plaintiffs DANIEL and KRISTIE ARSENEAULT are individuals who

at relevant times to the Complaint resided in Tampa, Hillsborough County, Flor-

ida. KRISTIE ARSENEAULT is also the parent and/or legal guardian of Plaintiffs

M.A. and L.A.

3. Plaintiff ASHLEY BAEZ is an individual who at relevant times to the

Complaint resided in Tampa, Hillsborough County, Florida. ASHLEY BAEZ is

also the parent and/or legal guardian of Plaintiffs O.B. and J.B.

4. Plaintiffs NICHOLAS and CATY BARRON are individuals who at

relevant times to the Complaint resided in Tampa, Hillsborough County, Florida.

CATY BARRON is also the parent and/or legal guardian of Plaintiffs F.J. and H.B.

5. Plaintiffs LAVERNE and SAMANTHA BORST are individuals who

at relevant times to the Complaint resided in Tampa, Hillsborough County, Flor-

ida. SAMANTHA BORST is also the parent and/or legal guardian of Plaintiffs J.B.

and L.B.

6. Plaintiff ANGELIQUE COLÓN is an individual who at relevant times

to the Complaint resided in Tampa, Hillsborough County, Florida. ANGELIQUE

COLÓN is also the parent and/or legal guardian of Plaintiffs A.C. and E.C.

7. Plaintiffs JESSE and JULIE CORNELL are individuals who at relevant

times to the Complaint resided in Tampa, Hillsborough County, Florida. JESSE

4
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 8 of 218 PageID 8

CORNELL is also the parent and/or legal guardian of Plaintiffs D.C., L.C., and

R.C.

8. Plaintiffs RAFAEL and DANIELLE CORTES are individuals who at

relevant times to the Complaint resided in Tampa, Hillsborough County, Florida.

RAFAEL CORTES is also the parent and/or legal guardian of Plaintiff V.C.

9. Plaintiffs ADRIAN and SANDRA DE LA CRUZ are individuals who

at relevant times to the Complaint resided in Tampa, Hillsborough County, Flor-

ida. SANDRA DE LA CRUZ is also the parent and/or legal guardian of Plaintiffs

E.D.L.C., S.D.L.C., and A.J.D.L.C.

10. Plaintiffs MAURICIO DE LA GARZA and MARICELA NUNEZ

PEDRAZA, are individuals who at relevant times to the Complaint resided in

Tampa, Hillsborough County, Florida. MAURICIO DE LA GARZA is also the

parent and/or legal guardian of Plaintiffs M.D.L.G. and M.D.L.G.N.

11. Plaintiff COURTNEY ELLIOTT is an individual who at relevant times

to the Complaint resided in Tampa, Hillsborough County, Florida. COURTNEY

ELLIOTT is also the parent and/or legal guardian of Plaintiffs M.E. and W.E.

12. Plaintiffs MANDONNA and FAISAL FAROOQ are individuals who

at relevant times to the Complaint resided in Tampa, Hillsborough County, Flor-

ida. FAISAL FAROOQ is also the parent and/or legal guardian of Plaintiffs A.F.

and H.F.

5
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 9 of 218 PageID 9

13. Plaintiff TANYA GARDINER is an individual who at relevant times

to the Complaint resided in Tampa, Hillsborough County, Florida. TANYA GAR-

DINER is also the parent and/or legal guardian of Plaintiffs S.G., K.G., and DE-

SIREE GARDINER, her disabled daughter.

14. Plaintiffs JOHN and AMANDA JENSEN are individuals who at rele-

vant times to the Complaint resided in Tampa, Hillsborough County, Florida.

AMANDA JENSEN is also the parent and/or legal guardian of Plaintiff L.J.

15. Plaintiffs MICAH and CORLETHIA KING are individuals who at rel-

evant times to the Complaint resided in Tampa, Hillsborough County, Florida.

MICAH and CORLETHIA KING are also the parents and/or legal guardians of

Plaintiffs El.K., G.K., I.K., C.K., and Ed.K.

16. Plaintiffs RULONDO and NICOLE KING, and SANDRA MO-

HAMED, are individuals who at relevant times to the Complaint resided in

Tampa, Hillsborough County, Florida. RULONDO KING is also the parent

and/or legal guardian of Plaintiffs Z.K. and X.M.

17. Plaintiffs ROBERT and ANESSA LITTLE, and CARLIE LITTLE, are

individuals who at relevant times to the Complaint resided in Tampa, Hills-

borough County, Florida. ANESSA LITTLE is also the parent and/or legal guard-

ian of Plaintiffs Cal.L., Ch.L., and Car.L.

6
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 10 of 218 PageID 10

18. Plaintiffs DANIEL and DOROTHY LOEFFLER, and ALLYSON

LOEFFLER, are individuals who at relevant times to the Complaint resided in

Tampa, Hillsborough County, Florida. DANIEL LOEFFLER is also the parent

and/or legal guardian of Plaintiffs H.L. and J.L.

19. Plaintiffs EDWIN LOPEZ and JENIT LOPEZ GALLARDO, are indi-

viduals who at relevant times to the Complaint resided in Tampa, Hillsborough

County, Florida. JENIT LOPEZ GALLARDO is also the parent and/or legal guard-

ian of Plaintiffs H.G., P.G., A.G., D.L., and V.L.

20. Plaintiffs DEVON and BRITTANY LOVE are individuals who at rel-

evant times to the Complaint resided in Tampa, Hillsborough County, Florida.

BRITTANY LOVE is also the parent and/or legal guardian of Plaintiffs A.D.L. and

A.R.L

21. Plaintiffs ALBERT and KATELYN MALONE are individuals who at

relevant times to the Complaint resided in Tampa, Hillsborough County, Florida.

KATELYN MALONE is also the parent and/or legal guardian of Plaintiffs C.M.

and E.M.

22. Plaintiffs ROBERT and JOY MARTIN are individuals who at relevant

times to the Complaint resided in Tampa, Hillsborough County, Florida. ROBERT

and JOY MARTIN are also the parents and/or legal guardians of Plaintiffs N.B.,

R.B., T.B., H.J., and D.M.

7
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 11 of 218 PageID 11

23. Plaintiffs GRANT and ASHLEY MORAN are individuals who at rel-

evant times to the Complaint resided in Tampa, Hillsborough County, Florida.

GRANT and ASHLEY MORAN are also the parents and/or legal guardians of

Plaintiffs E.M., M.M., G.M., and C.M.

24. Plaintiffs KASEY and APRIL O'DAY, are individuals who at relevant

times to the Complaint resided in Tampa, Hillsborough County, Florida. KASEY

O'DAY is also the parent and/or legal guardian of Plaintiffs A.O., I.O., and J.O.

25. Plaintiffs EDGARDO PAGAN and ABIGAIL LUCIANO are individ-

uals who at relevant times to the Complaint resided in Tampa, Hillsborough

County, Florida. ABIGAIL LUCIANO is also the parent and/or legal guardian of

Plaintiffs L.P-L., E.P-L., and D.P-L.

26. Plaintiffs ERICK and RACHAEL PROVEAUX are individuals who at

relevant times to the Complaint resided in Tampa, Hillsborough County, Florida.

RACHAEL PROVEAUX is also the parent and/or legal guardian of Plaintiffs S.P.,

and A.P.

27. Plaintiffs ASHTON J. and CHELSEA T. REYNOLDS are individuals

who at relevant times to the Complaint resided in Tampa, Hillsborough County,

Florida. CHELSEA T. REYNOLDS is also the parent and/or legal guardian of

Plaintiffs B.R. and E.R.

8
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 12 of 218 PageID 12

28. Plaintiffs MICHAEL and PATRICIA SAYRE are individuals who at

relevant times to the Complaint resided in Tampa, Hillsborough County, Florida.

PATRICIA SAYRE is also the parent and/or legal guardian of Plaintiffs N.S.,

Hu.S., and Ha.S.

29. Plaintiffs CLIFFORD and KRYSTIN SHANHOLTZER are individuals

who at relevant times to the Complaint resided in Tampa, Hillsborough County,

Florida. CLIFFORD SHANHOLTZER is also the parent and/or legal guardian of

Plaintiffs H.S. and R.S.

30. Plaintiffs DUSTIN and EMILY SHIRK, are individuals who at rele-

vant times to the Complaint resided in Tampa, Hillsborough County, Florida.

DUSTIN and EMILY SHIRK are also the parents and/or legal guardians of Plain-

tiffs S.D. and D.S.

31. Plaintiff MIKAYLA THOMPSON is an individual who at relevant

times to the Complaint resided in Tampa, Hillsborough County, Florida. MI-

KAYLA THOMPSON is also the parent and/or legal guardian of Plaintiffs D.T.

and L.T.

32. Plaintiffs JUAN and YISETH TORRES, and LUIS JESUS RUEDA

PRADA, are individuals who at relevant times to the Complaint resided in Tampa,

Hillsborough County, Florida. JUAN TORRES is also the parent and/or legal

guardian of Plaintiffs Ema.T. and Emi.T.

9
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 13 of 218 PageID 13

33. Plaintiffs STEPHEN and PHILOMENA RYAN TRAVERS are individ-

uals who at relevant times to the Complaint resided in Tampa, Hillsborough

County, Florida. STEPHEN TRAVERS is also the parent and/or legal guardian of

Plaintiff S.T.

34. Plaintiffs TUCKER and KAYLA TYOE are individuals who at rele-

vant times to the Complaint resided in Tampa, Hillsborough County, Florida.

KAYLA TYOE is also the parent and/or legal guardian of Plaintiffs D.T. and E.T.

35. Plaintiffs GEORGE A. and EMILY VARGAS are individuals who at

relevant times to the Complaint resided in Tampa, Hillsborough County, Florida.

GEORGE A. VARGAS is also the parent and/or legal guardian of Plaintiff A.V.

36. Plaintiffs JEFFREY and ELENA VILLA are individuals who at rele-

vant times to the Complaint resided in Tampa, Hillsborough County, Florida. JEF-

FREY VILLA is also the parent and/or legal guardian of Plaintiffs L.V. and K.V.

37. Plaintiffs MICHAEL and KIMBERLY WALKER are individuals who

at relevant times to the Complaint resided in Tampa, Hillsborough County, Flor-

ida. KIMBERLY WALKER is also the parent and/or legal guardian of Plaintiffs

A.W. and E.W.

38. Plaintiffs MICHAEL and VANESSA WEVER, and BROOKLYN

WEVER, are individuals who at relevant times to the Complaint resided in Tampa,

10
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 14 of 218 PageID 14

Hillsborough County, Florida. MICHAEL WEVER is also the parent and/or legal

guardian of Plaintiffs K.W. and E.W.

39. Plaintiffs THOMAS and HEATHER WHITTAKER are individuals

who at relevant times to the Complaint resided in Tampa, Hillsborough County,

Florida. HEATHER WHITTAKER is also the parent and/or legal guardian of

Plaintiffs to S.W. and E.W.

40. Defendant THE MICHAELS ORGANIZATION, LLC (“Michaels” or

“The Michaels Organization”) is a New Jersey limited liability company with its

principal place of business located at 2 Cooper Street, Camden, New Jersey.

Michaels is registered with the State of Florida Division of Corporations to do busi-

ness in Florida and may be served with process through its registered agent, CT

Corporation System, 1200 S. Pine Island Road, Plantation, Florida 33324.

41. Defendant MICHAELS MANAGEMENT SERVICES, INC. (“MMS”)

is a New Jersey corporation with its principal place of business located at 3 East

Stow Road, Marlton, New Jersey. MMS is a subsidiary of Michaels. MMS is listed

as the Property Manager on many of the Plaintiffs’ leases and as agent for Defend-

ant AMC East Communities, LLC. MMS may be served with process through its

registered agent, Paul T. Chan, Esq., 3030 Atlantic Avenue, Atlantic City, New Jer-

sey 08401.

42. Defendant MICHAELS MANAGEMENT SERVICES LLC (“MMS

11
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 15 of 218 PageID 15

LLC”) is a New Jersey corporation with its principal place of business located at 2

Cooper Street, Camden, New Jersey. MMS LLC is registered with the State of Flor-

ida Division of Corporations to do business in Florida. On information and belief

MMS LLC is a subsidiary of Michaels the successor in interests to Michael Man-

agement Services, Inc. MMS LLC may be served with process through its regis-

tered agent, CT Corporation System, 1200 S. Pine Island Road, Plantation, Florida

33324.

43. Defendant AMC EAST COMMUNITIES, LLC (“AMC”) is a Delaware

limited liability company with its principal place of business located at 2 Cooper

Street, 14th Floor, Camden, NJ 08102. AMC is listed as the “Owner” on the leases

signed by the Service Member Plaintiffs. AMC may be served with process

through its registered agent, The Corporation Trust Company, Corporation Trust

Center, 1209 Orange Street, Wilmington, Delaware 19801.

44. Defendant INTERSTATE REALTY MANAGEMENT COMPANY,

(“Interstate”) is a New Jersey Corporation with a principal place of business lo-

cated at 3 East Stow Road, Suite 100, Marlton, New Jersey. On information and

belief, Interstate is a subsidiary of Michaels. Interstate is listed as the Property

Manager and agent on the lease of at least one Plaintiff. Interstate may be served

with process through its registered agent, National Registered Agents, Inc. of NJ,

100 Canal Pointe Blvd. Suite 212, Princeton, New Jersy 08540.

12
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 16 of 218 PageID 16

45. Defendant MMS AIR FORCE LLC is a New Jersey limited liability

company with its principal place of business located at 2 Cooper Street in Camden,

New Jersey. MMS is registered with the State of Florida Division of Corporations

to do business in Florida. On information and belief, MMS has acted as property

manager with respect to MacDill housing. MMS Air Force LLC may be served with

process through its registered agent, CT Corporation System, 1200 S. Pine Island

Road, Plantation, Florida 33324.

46. Defendant MICHAELS MILITARY HOUSING, LLC (“MMH”) is a

New Jersey LLC. MMH is a subsidiary of Michaels. MMH signed many of the

Plaintiffs’ leases on behalf of Defendant AMC and is listed as agent for Defendant

AMC. MMH may be served with process through its registered agent, Paul T.

Chan, 3030 Atlantic Avenue, Atlantic City, New Jersey 08401.

47. Non-defendant HARBOR BAY AT MACDILL (“Harbor Bay”) is the

entity through which Defendants operated with respect to many of the leasing,

management, and maintenance activities relating to military housing at MacDill.

Harbor Bay presents itself to military families as the landlord, appearing as the

“Landlord/Lessor” on Mold Addenda provided to residents, even though De-

fendant AMC is the actual lessor under the leases. Harbor Bay is also listed as the

Community Manager on many of the Plaintiffs’ leases. Despite conducting exten-

sive business operations in Florida, Harbor Bay is not a registered entity with the

13
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 17 of 218 PageID 17

Florida Department of Corporations. In previous litigation, Defendant AMC has

represented that Harbor Bay is a “common or trade name” of Michaels and is not

a legal entity distinct from Defendants that can itself be sued. On information and

belief, Defendants jointly manage, operate, and maintain MacDill military housing

and are jointly responsible for the acts and omissions of Harbor Bay. Allegations

concerning Harbor Bay in this Complaint therefore constitute allegations concern-

ing each of the Defendants.

JURISDICTION AND VENUE

48. This Court has subject matter jurisdiction over this action pursuant to

28 U.S.C. §§ 1332(d)(2) and (d)(11), as this is a “mass action” within the meaning

of 28 U.S.C. § 1332(d)(11), at least one member of the group of Plaintiffs is a citizen

of a State different from any Defendant, the group of Plaintiffs exceeds 99 mem-

bers, and the aggregate amount in controversy exceeds $5,000,000.

49. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b), as a

substantial part of the acts or omissions giving rise to the matters alleged in this

Complaint occurred within the Middle District of Florida.

50. This Court has personal jurisdiction over Defendants because their

acts and omissions—carried out directly and/or through their agents and alter-

egos—caused the harms complained of herein which occurred on MacDill Air

Force Base in Tampa, Florida. FLA. STAT. § 48.193(1)(a)(2). In addition, on

14
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 18 of 218 PageID 18

information and belief, as alleged herein further below, Defendants participated

directly in acts and omissions relating to the operation and management of mili-

tary housing on MacDill, including acts and omissions relating to the subject mat-

ter of Plaintiffs’ claims. Moreover, on information and belief, Defendants derived

substantial revenue, whether directly or indirectly, from services provided to per-

sons in the State of Florida. As such, Defendants are subject to the personal juris-

diction of this Court pursuant to Fla. Stat. § 48.193(1)(a) and consistent with due

process.

FACTUAL ALLEGATIONS

The Military Housing Privatization Initiative

51. In 1996, Congress enacted the Military Housing Privatization Initia-

tive (“MHPI”) to improve military housing across the United States. The MHPI

was intended to improve the housing experience for service members and their

families by enabling professional housing companies to leverage their resources

and expertise in existing and new military housing. Congress’s purpose in estab-

lishing the MHPI was to “improve the quality of housing conditions for active-

duty military personnel” by “substantially upgrad[ing] military housing on an ac-

celerated basis.” 141 Cong. Rec. S18853.

52. As stated by the Military Housing Association, which represents lead-

ing members of the military housing public-private partnership industry, “MHPI

15
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 19 of 218 PageID 19

provides for quality housing for DoD service members and their families[.]”

53. Under the MHPI, a private contractor is granted a long-term lease of

military base grounds. The military department generally conveys the existing

homes on the leased land to the private contractor for the duration of the lease.

The private contractor is responsible for constructing new homes and renovating

existing homes and then leasing, operating, managing, and maintaining this hous-

ing.

54. Typically, an MHPI contractor is a limited liability company com-

posed of one or more private companies. In some cases, a military department may

also be a member of the limited liability company.

55. The federal government provides the MHPI contractor with initial

funding and incentivized financing payments. Significantly, the federal govern-

ment also typically pays the MHPI contractor using the full Basic Allowance for

Housing (“BAH”) to which the service member who rents the home is entitled.

56. Military families pay their BAH to the contractor automatically

through deductions from the service members’ pay. The BAH rates are based on

several factors, including the geographic location where the military member is

stationed, the military member’s pay grade, and whether the military member has

dependents. The MHPI contractor typically collects the full amount of its resi-

dents’ BAH regardless of the size or condition of their home.

16
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 20 of 218 PageID 20

57. In addition, MHPI contractors typically receive performance incen-

tive fees, payable upon approval by the military department, here the United

States Air Force. In order to obtain incentive fees, MHPI contractors are required

to submit proof that they have satisfied performance objectives, which include,

inter alia, maintenance of housing communities and resident satisfaction. The Air

Force relies on these submissions in deciding whether to approve the payment of

relevant performance incentive fees.

58. In July 2024, the Congressional Research Service found that cumula-

tive DOD contributions to the MHPI contractors to date total over $28 billion.

Military Housing Conditions Remained Poor Under the MHPI

59. While the MHPI has led to some improvements in military housing,

it has also been plagued by reports of MHPI contractors, including Defendants,

prioritizing profits over their obligation to provide safe and habitable housing to

service members and their families.

60. In 2019, military families testified to the Senate Armed Services Com-

mittee about their substandard military housing conditions. Issues included black

mold, rodents, termites, lead paint, and broken HVAC units. The families dis-

cussed their difficulties in getting the private housing partners to take their com-

plaints seriously – even as black mold was growing out of walls, floors, and ceil-

ings, and entire families were getting sick.

17
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 21 of 218 PageID 21

61. In response to these concerns, the 2020 National Defense Authoriza-

tion Act created a MHPI Tenant Bill of Rights. The Tenant Bill of Rights specifies

that military families have the right to reside in a housing unit that meets applica-

ble health and environmental standards. They have the right to reside in a housing

unit that has working fixtures, appliances, and utilities. They have the right to re-

ceive property management services provided by a landlord that meet or exceed

industry standards and that are performed by professionally and appropriately

trained, responsive, and courteous customer service and maintenance staff. See 10

U.S.C. § 2890.

62. Defendants have purported to embrace the Tenant Bill of Rights and

to incorporate its protections into their MHPI programs and activities. For exam-

ple, Harbor Bay’s website has a page on the MHPI Tenant Bill of Rights and links

to a copy. The Tenant Bill of Rights page also states that Harbor Bay is “Providing

our residents and their families safe, quality, and well-maintained homes they’ll

be proud to call home is a distinct honor, one in which we strive for each and every

day.”

63. In April 2022, the DoD released a report of medical conditions among

privatized military housing residents. It estimated that 58 percent of housing units

with open work orders had a condition that was unsafe or unhealthy. Signifi-

cantly, DoD noted that hazards such as dampness or microbial growth, lead-based

18
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 22 of 218 PageID 22

paint, and asbestos have the potential to cause adverse health effects, including

asthma, developmental delays, and cancer.

MHPI Housing at MacDill

64. In November 2007, AMC East LLC and the United States Air Force

entered into a 50-year lease to privatize military housing at MacDill AFB under

the MHPI. Under that arrangement, Defendant AMC became the lessor of military

housing at MacDill.

65. In the summer of 2021, The Michaels Organization, through De-

fendants, acquired all of the assets of AMC East LLC and AMC East Commu-

nities, LLC. See Karen Jowers, 50,000 military families in 38 privatized housing com-

munities see new ownership, MILITARY TIMES (Oct. 22, 2021),

[Link] On information and belief, in connection with

and as a result of that transaction, The Michaels Organization, either directly or

through its subsidiaries or affiliates, assumed all obligations, as the MHPI con-

tractor, for on-base housing at MacDill, including but not limited to obligations

under applicable ground leases, operating agreements, property management

agreements, and residential leases.

66. Plaintiffs paid their BAH to AMC as set forth in their leases. In

addition to the rent paid by the housing occupants, the Air Force pays Defend-

ants for management and maintenance of the property. These payments consist

19
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 23 of 218 PageID 23

of (1) a monthly base fee, and (2) an incentive fee payment upon achieving cer-

tain performance criteria.

67. To obtain the incentive fee payment, Defendants submit docu-

mentation and a statement that they satisfied the performance criteria, includ-

ing objectives related to maintenance work orders and customer satisfaction.

68. Language in the Operating Agreement makes clear that the

agreement was intended to further the MHPI’s goal of benefiting Plaintiffs. For

example, the Operating Agreement provides the that the Project (military hous-

ing) was intended to benefit the Plaintiffs and refers to “the leasing of residen-

tial units within the Project (and such additional property) to members of the

military and non-military members as permitted in the Ground Lease Related

Documents[.]”

Defendants’ Joint and Integrated Approach to MacDill Housing

69. Defendants are all members of the Michaels conglomerate, at the top

of which sits The Michaels Organization. Defendants function as an integrated en-

terprise in their operation of MacDill Housing.

70. With respect to its activities at MacDill, on information and be-

lief, The Michaels Organization operates independently and through its sub-

sidiaries, affiliates, divisions, and other affiliated entities, including Defendants

AMC East, LLC, AMC East Communities, LLC, Michaels Management

20
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 24 of 218 PageID 24

Services, Inc., MMS Air Force LLC, Michaels Military Housing, LLC, and non-

defendant Harbor Bay.

71. The Michaels Organization’s webpage showcases that it is in-

volved in military housing and points to MacDill as one location for its “[q]ual-

ity housing from Coast to Coast.” Featured Properties: Portfolio, MICHAELS,

[Link]

72. The email address for Harbor Bay at MacDill is “har-

borbay@[Link].” Internet traffic for “[Link]” directs to The Michaels Or-

ganization's homepage, confirming that Harbor Bay is merely a trade name

used by the Michaels Defendants to operate military housing on MacDill.

73. In addition, The Michaels Organization employees regularly work

with residents at MacDill. Harbor Bay employees have email addresses with

“@[Link]” as their domains. For example, Kylee Kirby, the former Environmen-

tal Supervisor at Harbor Bay, had an email domain of “@[Link].” The email

signature blocks and email addresses for the following additional employees indi-

cate that they work for or with The Michaels Organization: Kurt Wicker, the Com-

munity Director; Vincent Williams, former Maintenance Supervisor; and Julia Wil-

liams, the Operations Coordinator.

21
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 25 of 218 PageID 25

The Unsafe and Unhealthy Housing Conditions at MacDill

74. MacDill is plagued with the same sorts of problems that motivated

the passage of the MHPI and the creation of the Tenant Bill of Rights.

75. For example, on January 8, 2025, Representative Kathy Castor sent a

letter to Sharri Farris, Michaels VP of Military Operations, regarding “Michaels

Organization Failure to Timely Repair Harbor Bay housing for U.S. service mem-

bers and families on MacDill Air Force Base following Hurricanes[.]” Representa-

tive Castor stated that “Michaels continues to fail to meet its responsibilities to

provide safe and healthy housing in good repair.” Representative Castor contin-

ued: “It has been brought to my attention that Harbor Bay’s overall quality of ser-

vice and attention to tenant needs has been below standard, not only following the

hurricanes, but for quite some time. Harbor Bay previously dragged its feet to re-

mediate mold and mildew. It has been reported to me that your staff is signifi-

cantly delayed in its response time to individual tenant requests, whether it be for

a simple bathroom repair or a more serious report of mold in a home.”

76. Defendants have long known about the serious mold problems at

MacDill AFB. Military families have for years submitted numerous complaints

about mold and mold-related health issues, and yet Defendants have failed to ad-

dress the systemic problems.

22
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 26 of 218 PageID 26

77. For example, upon information and belief, Defendants were aware

that numerous homes lacked vapor barriers between the first floor and outdoors

or contained defective vapor barriers. As another example, the air conditioning

units in numerous homes lacked secondary drain lines, causing water to back up

and leak into the homes.

78. Despite being aware of these conditions for years, Defendants have

not properly repaired homes with these issues. Defendants have also compounded

these issues through inadequate preventative maintenance and delayed responses

to moisture and mold complaints.

79. Defendants knew about serious mold problems in the homes. The

standard lease for a MacDill home contains specific warnings about moisture

buildup and mold prevention. The Harbor Bay at MacDill Resident Guidelines

and Community Handbook, published in May 2023, dedicates an entire section to

mold. It instructs residents to “IMMEDIATELY report” to the Harbor Bay office

any evidence of water leaks, excessive moisture, mold growth, HVAC malfunc-

tions, and musty odors.

80. Despite these acknowledgments of the dangers posed by mold and

excessive moisture, Harbor Bay routinely took weeks to respond to mold and

moisture complaints, if they responded at all. When it did respond to such com-

plaints, it often failed to take effective action to address those complaints, often

23
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 27 of 218 PageID 27

telling tenants that mold in their home was “dirt.” Such delays and failures often

had the effect of compounding the problem, as they led to extensive additional

mold growth behind walls, in the HVAC system, air ducts, and under flooring.

Such growth continued to negatively affect residents even when it was not visible.

81. Harbor Bay refused to follow its mold policies, despite knowing very

well that failure to do so leads to the growth of toxic mold.

82. Mold is a fungus that reproduces by creating spores or microscopic

cells. The spores and cells generate in large numbers and in chains that easily dis-

perse into the air. If adequate moisture is present when a mold spore lands on a

suitable carbon-containing food source, such as the paper on drywall, furniture,

clothing, and furnishings, it begins to grow.

83. When certain species of mold grow and process nutrients, they pro-

duce chemicals called mycotoxins. These microbes and their chemical byproducts

can be toxic to human cells. Mycotoxins attack the nervous, respiratory, immune,

and muscular systems and can enter the body either via ingestion, inhalation, or

direct skin contact and can lodge in the digestive tract, lungs, or brain. The myco-

toxin aflatoxin is a listed human carcinogen.

84. The National Institutes of Health recognizes that mold is linked to

asthma, cognitive problems such as memory loss and dizziness, mental health is-

sues such as depression and anxiety, and immune effects and inflammation.

24
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 28 of 218 PageID 28

85. For all these reasons, water damage and mold must be immediately

and properly remediated. At a minimum, proper remediation requires the re-

moval of water damage and the mold source. In general, the process includes (i)

identification of the mold source; (ii) containment of the affected area; (iii) removal

of the mold and contaminated materials; (iv) cleaning the contaminated area; and

(v) clearance testing.

86. Independent environmental testing of many Plaintiffs’ homes re-

vealed extremely elevated levels of toxic mold. Multiple homes were found to

have millions of spores per cubic meter of toxic mold, a level thousands of times

higher than found in outside controls.

87. Defendants’ grossly inadequate housing maintenance practices—and

their conduct thereafter—have resulted in extraordinary injuries to numerous

Plaintiffs, including illness, economic injury, and emotional distress.

Defendants’ Pattern of Concealment and Inadequate Remediation

88. Despite countless reports by concerned residents regarding mold is-

sues, and even media coverage documenting serious mold problems at MacDill,

Harbor Bay employees consistently denied the existence of mold even when visi-

ble, calling the growing mold “dirt.”

25
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 29 of 218 PageID 29

89. When forced to respond, Harbor Bay typically offered purely cos-

metic solutions—such as painting over mold or surface cleaning—without ad-

dressing underlying moisture sources.

90. Harbor Bay has refused to share mold and moisture test results with

residents, forcing families to pay for independent testing to prove what Harbor

Bay already knows.

91. Harbor Bay also systematically closed work orders without perform-

ing repairs. And even when Harbor Bay did purport to engage in repair and re-

mediation efforts, it delayed in both initiating and completing such efforts—in

many cases for weeks or months. During purported remediation efforts, Harbor

Bay contractors consistently failed to establish proper containment, carrying mold-

contaminated materials through homes and spreading spores to previously unaf-

fected areas.

92. Even after purported remediation efforts were represented to be com-

pleted, independent testing frequently revealed continued high mold levels, con-

firming that Harbor Bay's remediation efforts were inadequate.

93. Despite overwhelming evidence, public scrutiny, and deteriorating

health of military families, Defendants have refused to accept responsibility, ade-

quately compensate affected families, or systematically address the problems that

continue to plague MacDill housing.

26
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 30 of 218 PageID 30

94. AMC continued collecting full BAH payments while failing to pro-

vide safe housing. And Defendants continued to receive compensation as property

managers while similarly failing their obligations to military families.

FAMILY NARRATIVES

Mullins Family

95. Plaintiffs Dillon Mullins, his wife Leah, and their two children S.M.

and F.M. moved into 1840 Billy Mitchell Loop in June 2023 after signing a lease

with Harbor Bay. Dillon Mullins is a Tech Sergeant (E-6) in the United States Air

Force serving in Special Operations. The Mullins family signed a lease with AMC

East Communities, LLC as the Owner, and Harbor Bay Management Services, Inc.

as the Property Manager. The lease provides that Florida law applies.

96. Harbor Bay gave the family 5 days to decide whether to accept the

offer or go back on the waiting list. It is the Mullins’ understanding that if a family

turns down two homes, even if it is because they are worried about safety, they

are put at the end of the waiting list and may have to wait months or years before

getting another chance.

97. On June 5, 2023, the Mullins family moved into their MacDill home

after reviewing a seven-year maintenance history provided by Harbor Bay that

showed no record of mold issues, evacuations of previous tenants, or significant

27
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 31 of 218 PageID 31

problems. The Mullins family relied on that history when they made their decision

to accept the home.

98. Within a month of moving in, water began collecting in the home's

light fixtures. Vincent Williams, who was the Harbor Bay maintenance supervisor

at that time, attributed the problem to poor sealing.

99. The family's health deteriorated following their move-in. Tech Ser-

geant Mullins and S.M. experienced persistent dizzy spells resembling vertigo.

S.M. suffered from headaches and stomach aches severe enough to require calls

home from school. When the family traveled abroad for two weeks in January

2024, all those symptoms disappeared, only to return upon coming home.

100. On information and belief, these harms were caused by the family’s

contact with mold from sources in their Harbor Bay home.

101. The laundry room developed persistent moisture problems, with wa-

ter pooling near the dryer. When investigated in August 2023, Ryan Fil, a Mainte-

nance Technician from Harbor Bay reported that he found no blockage in the ex-

haust pipe, while Kylee Kirby, Harbor Bay’s Environmental Supervisor, dismissed

the visible puddle, claiming there was no moisture present.

102. In or around July 2024, contractors Nick and Chase from PCS, a con-

tractor hired by Harbor Bay, attempted to fix the light fixture issue by resealing it.

Water reappeared in the fixtures the same day.

28
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 32 of 218 PageID 32

103. In August 2024, Vincent Williams, Adrian Rodriguez, and Julio Sosa

from the Harbor Bay’s maintenance office visited the home to address moisture

issues.

104. In addition to the moisture issues, there was cracking and separating

of F.M.’s bedroom wall. Harbor Bay cut open a cavity in that wall. When Leah

Mullins photographed inside the wall cavity, she discovered extensive mold

growth.

105. After opening the cavity, Harbor Bay covered the opening with a plas-

tic sheet and tape. The tape constantly fell off due to the high humidity inside the

room, leaving the mold inside of the wall exposed.

106. Harbor Bay representatives have consistently downplayed the Mul-

lins’ concerns about mold. When Leah Mullins told Vincent Williams that she

found mold, he responded, “Well I can't say that that's mold.” Alan from Master

Restoration, a contractor hired by Harbor Bay, stated, “I can't say that that's mold.

I don't know what that is.” Lane from In-Depth, another Harbor Bay contractor,

conducted only moisture meter readings without doing any actual mold testing.

When Leah Mullins told Daniel Moore from Michaels about the mold, he re-

sponded: “Well technically, you do not know that that is mold.”

107. On September 9, 2024, Leah Mullins connected with the previous ten-

ant of her home, Krystin Schanholtzer, who provided emails showing that severe

29
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 33 of 218 PageID 33

moisture damage had been found during a December 8, 2022, preventative

maintenance inspection—information absent from the seven-year maintenance

history report that the Mullins family received. This information should have been

included in that report.

108. Additional emails from February 2023 documented that Ms.

Shanholtzer had been displaced from the home, and that duct replacement work

had been completed. None of this information appeared in the disclosure docu-

ments provided to the Mullins family. This information should have been in-

cluded in the maintenance history report.

109. On September 19, 2024, Leah Mullins confronted former Harbor Bay

Community Director Kurt Wicker about the fraudulent seven-year history at a

meeting, and she informed him that she was obtaining legal representation.

110. The family was displaced on October 1, 2024, for what they were told

would be two weeks but stretched to six weeks in an attempt to repair leaks and

remove mold from the home. Upon their return, Will Fraley, from the Air Force

Civil Engineering Center, found moisture in the supposedly remediated home us-

ing a moisture reader.

111. During the purported repair, Harbor Bay maintenance staff carried

mold-contaminated materials through the home without containment, spreading

30
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 34 of 218 PageID 34

toxic mold to other rooms. The carpets were never replaced despite becoming vis-

ibly dirty during this process.

112. At a December 3rd town hall, Leah Mullins publicly confronted Mr.

Wicker for a second time about the fraudulent seven-year history. Under pressure

from the attending Colonel, Mr. Wicker admitted that maintenance histories

should include all previous work done on the home. On January 13, Harbor Bay

Assistant Community Director Geri Leto provided a “new” seven-year history and

requested return of the original.

113. On March 31, 2025, the Mullins family permanently vacated their

home. They were forced to abandon virtually all their belongings due to mold con-

tamination.

114. Independent testing showed extremely high levels of mold in the

home, including Aspergillus/Penicillium species at levels exceeding safe levels.

115. Medical testing revealed elevated levels of mold in their bodies

matching the species of mold found in their home. They are suffering from contin-

uing severe emotional harm as a result of their contact with mold in the home. This

emotional harm has resulted in physical manifestations.

116. While the family's physical health has improved since leaving Mac-

Dill housing, they continue to experience severe emotional trauma from the loss

of their home and belongings.

31
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 35 of 218 PageID 35

117. The Mullins family incurred significant financial losses from having

to replace mold-contaminated furniture, personal belongings, temporary housing

costs, and other significant losses.

Jensen Family

118. Plaintiffs John Jensen, his wife Amanda, and their daughter L.J.

moved into 8426 Tampa Point Blvd in July 2021 after signing a lease with Harbor

Bay. John Jensen is a Major in the United States Army who served as Communica-

tions Officer to a commander at MacDill AFB. The Jensen family signed a lease

with AMC East Communities, LLC as the Owner, and Harbor Bay Management

Services, Inc. as the Property Manager. The lease provides that Florida law applies.

119. Captain Jensen began his position at MacDill AFB on May 13, 2021.

When arranging for housing, he was told by the Harbor Bay housing office that

they needed time to “turn the house” from the previous tenant, which upon infor-

mation and belief consisted of cosmetic updating.

120. On July 1, 2021, the Jensen family moved into their MacDill home.

Nick Lebo, a Harbor Bay – Leasing Specialist, informed the Jensens that he did not

have to provide a maintenance history. Harbor Bay concealed or did not provide

maintenance history.

121. Had the family seen these documents, they would have known that

the home had experienced flooding and mold issues.

32
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 36 of 218 PageID 36

122. Two weeks after moving in, Amanda Jensen submitted a maintenance

request for soft floors. Kylee Kirby, Harbor Bay’s Environmental Supervisor, came

with a moisture meter, declared that the floor was dry, and stated it was just a bad

installation. When Amanda Jensen asked if the floor situation posed a danger,

Kirby responded that it was just a bad installation.

123. Contrary to these assurances, before moving out in summer 2025,

Captain Jensen pulled back the floor and discovered that the “bad install job” was

actually mold damage.

124. On September 18, 2021, the Jensens submitted a work order for a vis-

ible wet spot on the ceiling. They reported it as a water leak. Joe Plum, Harbor

Bay’s Environmental Supervisor prior to Kylee, declared that it was a bad painting

job and painted over the spot without checking for moisture.

125. Following hurricane damage in 2024, a vendor hired by Harbor Bay

discovered something concerning in L.J.'s bedroom ceiling. In response, he cut out

drywall and replaced vent fans in her bathroom. On information and belief, the

vendor discovered mold in the ceiling.

126. At a town hall meeting in late 2024, Ed Harris from the military hous-

ing office overseeing Harbor Bay, referring to how work orders were classified as

hurricane-related when they were not, told Amanda Jensen, “I don't see how Har-

bor Bay still has insurance, this has fraud written all over it.”

33
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 37 of 218 PageID 37

127. During a December 2024 repair of a kitchen leak, when Harbor Bay

maintenance removed drywall and water-damaged materials from the home, they

failed to contain the area, instead they carried contaminated materials through

hallways and entryways. On information and belief, this further spread toxic mold

to previously clean parts of the home and caused the family to come into contact

with the mold.

128. In early April 2025, Julio Sosa, an Environmental Tech for Harbor Bay

inspected a wet air handler base with a moisture meter, declared “it's dry, I would-

n't tell you it was dry if it wasn't,” and spray-painted Kilz over the area. Kilz is a

mold and mildew resistant primer and, according to the company’s website, does

not kill mold, and is “not supposed to be applied directly to mold.”

129. As the Jensens packed to move out in June 2025, they discovered mold

on their pictures and belongings, with large mold and water spots on walls previ-

ously covered by those items. When Amanda Jensen submitted a work order re-

garding this discovery, Julio Sosa claimed that the wall was dry and that he had

cleaned it. He recorded the work as cleaning “dust off the wall,” despite the fact

that he had used a microbial cleaner on the wall.

130. On June 22, 2025, the Jensens stopped sleeping in their home after dis-

covering mold under the floor which they had previously reported as being

warped.

34
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 38 of 218 PageID 38

131. On June 30, 2025, the day of their move-out, the Jensens received the

seven-year history of their home from Harbor Bay. This document revealed that

the home had been flooded and underwent purported remediation immediately

before their move-in—it was not merely “turned” from a previous tenant as they

were told.

132. The seven-year history also revealed that previous tenants had re-

ported mold, with one writing “my wife and I have been sick. Can you check for

mold and replace the HVAC.”

133. On June 30, 2025, during the move-out inspection, Porcelain Griffen,

a leasing specialist with Harbor Bay, saw the exposed mold under the floor, and

she immediately left to get a mask. When she returned, she rushed through the

house before stating that she did not see any damage. Ed Harris from the Military

Housing], stated “I don't know why she's surprised, I told her boss about these

issues,” and refused to enter the home.

134. On information and belief, the family came into contact with mold in

the instances described above as well as from other sources during their time in

their Harbor Bay home. This led to the injuries described below.

135. While living in the home, Amanda Jensen suffered from debilitating

migraines, increased anxiety, and depression. She now experiences tremors re-

quiring neurological treatment.

35
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 39 of 218 PageID 39

136. Captain Jensen experienced fatigue and mental health issues. Their

daughter L.J. developed respiratory issues at Thanksgiving 2024 that persisted un-

til they vacated the home.

137. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This harm has resulted in phys-

ical manifestations.

138. The Jensen family incurred significant financial losses from having to

replace mold-contaminated furniture. Captain Jensen, after 28 years of military

service, is taking extra missions to cover costs and will likely be leaving the service

with debt incurred as a result of the housing situation.

Arseneault Family

139. Plaintiffs Air Force Staff Sergeant Daniel Arseneault, his wife Kristie,

and their two young children, M.A. and L.A., moved into 8516 Levitow Street in

the Heritage Cove neighborhood at MacDill Air Force Base on January 17, 2024.

The Arseneault family signed a lease with AMC East Communities, LLC as the

Owner, and Harbor Bay Management Services, Inc. as the Property Manager. The

lease provides that Florida law applies.

140. Shortly after moving in, the family experienced recurring water intru-

sion, visible staining, and mold growth. On July 29, 2024, they submitted a work

order for a clogged drainpipe behind the washing machine that caused the

36
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 40 of 218 PageID 40

laundry room to flood. Water damaged the drywall behind the washing machine

and soaked the carpet in the adjacent closet. Harbor Bay maintenance responded

by snaking the drain, but no further repairs were performed. A plumber came to

assess issues on July 30, 2024, but the laundry room floor, drywall, and closet car-

pet remained wet.

141. On August 5, 2024, Kristie Arseneault reported a roof leak in the liv-

ing room ceiling and wall. On August 7, 2024, two Harbor Bay maintenance work-

ers inspected the home and confirmed that repairs were needed. They told the

family that someone from Harbor Bay would call to schedule repairs. No call came.

142. During the week of August 18, 2024, Daniel Arseneault followed up

with Kathryn Alvarez, Harbor Bay's “Turn Supervisor” (the person charged with

getting the houses ready to be turned over between tenants). He was told that due

to staff turnover, Harbor Bay's prior assessment of their home had been lost, and

they would have to wait for rescheduling. No one ever showed up for the reas-

sessment.

143. On September 17, 2024, Kristie Arseneault placed a new emergency

work order that included the leaky roof, flooded laundry room, visible mold in the

kitchen and bathroom, a leaking faucet, and a broken fan vent cover in the master

bathroom. Harbor Bay Maintenance never followed up, leaving the family ex-

posed to the mold growing in their home. Between September 18–20, 2024, Kristie

37
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 41 of 218 PageID 41

Arseneault repeatedly tried to reach Ms. Alvarez, leaving messages with housing

staff, but no one ever returned her calls. On September 23, 2024, after Kristie

Arseneault spoke directly with a woman named Sherry who stated she was the

Housing Director. Later that day a Harbor Bay employee, Tevin Walton, arrived

at their home. He reassessed the roof leak, wet laundry room, wet closet, and wet

drywall, and also noted mold behind kitchen cabinets, mold in the master bath-

room, a leaking kitchen faucet, and a broken vent cover.

144. A few weeks later, Hurricane Helene hit Tampa. The family evacu-

ated on September 25, 2024, and returned on September 27, 2024. Over the follow-

ing week, from September 27 to October 6, 2024, the only action taken on the

Arseneaults' prior work orders was that maintenance staff left a fan to dry the

storage room under the house from the flooding experienced during Helene. The

house was still experiencing moisture problems, and no mold had been remedi-

ated from the August and September work orders.

145. The family evacuated again ahead of Hurricane Milton. They left on

October 7, 2024, and returned on October 12, 2024. From October 13 through No-

vember 25, 2024, the Arseneaults called Harbor Bay repeatedly, but no repairs oc-

curred. Harbor Bay maintenance only showed up for weekly inspections and

placed drying equipment in the house without containment.

38
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 42 of 218 PageID 42

146. On February 5, 2025, Harbor Bay's new building contractors, CBG,

performed yet another assessment of the damage. On March 19, 2025, Ms. Alvarez

finally informed the family that repairs would begin on March 24, 2025. The

Arseneaults were displaced to a Temporary Lodging Facility (“TLF”) on March 25,

2025. Three days later, on March 28, 2025, CBG workers revealed to Kristie

Arseneault that the mold problem was worse than expected, and that previous

work had been poorly or improperly completed, increasing the scope of necessary

repairs. A CBG employee shared photographs with Kristie Arseneault showing

mold in the drywall, behind cabinets, and in other areas of the home.

147. By April 12, 2025, the family was still living in TLF. The family sus-

pected other repairs were likely needed.

148. On April 18, 2025, the family moved back into their home under the

belief that the home had been fully remediated. They relied on the fact that the

work was marked complete. They expected this to mean that their home was safe.

149. Testing performed by an independent third-party mold inspector re-

vealed that the home was not safe. Mold testing revealed hundreds of thousands

of spores of toxic mold, including the black mold, Stachybotrys, which was found

in several locations around the house, including the HVAC. The inspector deemed

the home unsafe for human occupancy. The family decided to find safe housing

off base and formally moved out of their home on MacDill in August 2025.

39
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 43 of 218 PageID 43

150. The family incurred significant financial losses including moving ex-

penses, security and utility deposits for a rental property off base, and expenses to

replace personal property that was contaminated by the extensive mold in the fam-

ily's home.

151. On information and belief, throughout this ordeal, Kristie, Staff Ser-

geant Arseneault, and their children came into contact with toxic and dangerous

mold, as described herein and from other sources in their Harbor Bay home, which

caused the following injuries.

152. The family suffered chronic respiratory issues, allergies, and repeated

infections. Their symptoms consistently worsened while inside the home and im-

proved when displaced.

153. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

154. Instead of providing a safe home, Harbor Bay left the Arseneault fam-

ily in contaminated and unsafe conditions that harmed their health and disrupted

their lives.

Baez Family

155. Plaintiffs Staff Sergeant Ashley Baez and her daughters, O.B. and J.B.,

moved into 1838 Billy Mitchell Loop in the Liberty Cove neighborhood at MacDill

40
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 44 of 218 PageID 44

Air Force Base on July 19, 2021. Staff Sergeant Baez serves in the United States Air

Force. Staff Sergeant Baez signed a lease with AMC East Communities, LLC as the

Owner, and Harbor Bay Management Services, Inc. as the Property Manager. The

lease provides that Florida law applies.

156. During her walkthrough of the home on or around July 18, 2021, and

before signing her lease, Staff Sergeant Baez was informed that the home had a

brand-new roof and brand-new carpet. The Harbor Bay leasing specialist at that

time went on to say that everything was updated. Staff Sergeant Baez relied on

this statement and moved her young daughters into the home.

157. From the start, the home had problems—an odd odor in the closets, a

chipping bathtub, and water damage that Harbor Bay failed to fix. Over the next

three years, Staff Sergeant Baez filed repeated maintenance requests for leaks,

staining around vents, bathroom floors coming up due to missing caulking, a leak-

ing porch, and plumbing fixtures that would not shut off.

158. The family was displaced in spring 2023 for duct replacement, but

conditions never improved. In mid-September 2023, Staff Sergeant Baez noticed

staining around the vents in the kitchen, bathroom, and dining room. Staff Ser-

geant Baez placed a work order for these vents. Kylee Kirby from Harbor Bay came

to the home shortly after September 14, 2023, said that it was just “dust” and that

41
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 45 of 218 PageID 45

someone would be out to paint over it. Relying on this statement, the Baez family

continued living in the home.

159. The same day, Staff Sergeant Baez also placed a work order for the

upstairs hallway bathroom, where the flooring was coming up around the tub.

That work order was closed without any action, and Staff Sergeant Baez had to

place subsequent work orders for the same issue on October 12, 2023, and Decem-

ber 20, 2023. During all of this, Staff Sergeant Baez's dishwasher constantly leaked,

and her sink faucet would not shut off, leading to multiple maintenance requests.

160. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

161. Staff Sergeant Baez suffered from sinus infections, tonsillitis requiring

surgery, pelvic pain that led to a hysterectomy, sleep apnea, severe rashes,

memory loss, and escalating anxiety. O.B. developed abdominal pain, headaches,

and anxiety, and was prescribed Prozac for Oppositional Defiance Disorder and

anxiety, while J.B. endured febrile seizures, respiratory infections, abdominal pain,

and recurrent rashes.

162. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

42
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 46 of 218 PageID 46

163. Even after moving out in May 2024, Staff Sergeant Baez continues to

struggle with long-term health impacts from contact with toxic mold, fears for her

family's health, and worries her belongings remain contaminated and could make

her family sick again.

164. The Baez family incurred significant financial losses from medical ex-

penses, displacement costs, and other costs related to the mold contamination.

165. Instead of the safe, habitable housing promised, the Baez family en-

dured years of medical crises, displacement, and emotional distress due to De-

fendants' actions.

Barron Family

166. Plaintiffs Master Sergeant Nick Barron, his wife Caty, and their two

young sons, F.J. and H.B., moved into 1839 Billy Mitchell Loop in the Liberty Cove

neighborhood at MacDill Air Force Base on January 26, 2023. Master Sergeant Bar-

ron serves in the United States Air Force. The Barron family signed a lease with

AMC East Communities, LLC as the Owner, and Harbor Bay Management Ser-

vices, Inc. as the Property Manager. The lease provides that Florida law applies.

167. Before signing the lease, the family was provided with an offer letter

which included a seven-year maintenance history on the home. Later, in 2024, they

found out the maintenance history they received was not accurate. Work orders

were missing from the seven-year maintenance history. Ms. Barron reached out to

43
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 47 of 218 PageID 47

Kurt Wicker, Harbor Bay's former Community Director, to ask about the missing

work orders. When Mr. Wicker replied about the missing work orders, he said that

because the work orders were not “closed” at the time she was offered the home,

they would not show on the seven-year history.

168. During the Barrons' walkthrough of the home before moving in on

January 26, 2023, a Harbor Bay employee stated that the home was “well taken

care of” and ”safe.” If the Barrons had known the complete history without the

omitted ”open” work orders, some of which were for HVAC issues, mold remedi-

ation, and moisture remediation, they would have never accepted the home. In-

stead, the family relied on what they were given and moved their family into the

home.

169. On August 8, 2024, Ms. Barron noticed a wet spot on the drywall next

to the HVAC return chase, as well as water coming from behind the thermostat

and from warped light switch plates on the wall. The family placed a work order,

and there was no follow-up until the following week.

170. Ms. Barron also noticed mold around the vent in her children's bath-

room, and condensation from that moldy vent was dripping directly onto her son's

toothbrush. Kylee Kirby, Harbor Bay's Environmental Supervisor at that time,

wiped the mold off the vent, stating that it was just “surface dust,” and after the

family pushed back referencing mold concerns, it was determined, later that same

44
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 48 of 218 PageID 48

day, that the family would need to be displaced. Also, that same day, the family

noticed a pink stain on the kitchen ceiling, which they later found out was from

wet insulation between the first and second floor. The family was displaced to a

TLF unit.

171. Unfortunately for the family, shortly after they arrived, they noticed

the TLF unit was also full of mold. They reached out to Mr. Wicker and informed

him via email of their findings. After no response, Master Sergeant Barron went to

the front desk, where they offered him another unit. After seeing the filthy condi-

tion of the second TLF unit—including more mold than was noted in the first

unit—they declined to move to the second unit and were forced to stay in the ini-

tial moldy TLF until the end of August 2024, when they were placed in a hospital-

ity suite on base, one that had its own mold issues.

172. During this same time period, Mr. Wicker pushed several times for

the family to move off base instead of listening to the family's concerns. Wicker

later denied the family’s request for reimbursement of their BAH, even though the

family did not live in their home for well over a month.

173. On September 18, 2024, Mr. Wicker emailed the family to let them

know that the scope of work had been completed and the home was ready for

them to move back into. They relied on his assurances that the work was complete,

and the home was safe. The scope of work Mr. Wicker was referring to should

45
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 49 of 218 PageID 49

have included the following: replacement of the dining room air register, removal

and replacement of the downstairs bathroom and adjacent hallway, remediation

of the second-floor water damage at the return vent, removal and replacement of

drywall on either side of the stove, removal and repair of ceiling in bedroom num-

ber two, remediation of the storage closet and bathroom ceilings, operational

check of the thermostat, and a thorough cleaning of the HVAC. However, Mr.

Wicker stated that the HVAC closet did not require any remedial work. That di-

rectly went against InDepth, Harbor Bay's third-party vendor's, scope of work for

the house. When the family returned home the following day, they found their

home in disarray. There was trash from vendors as well as construction debris in

every nook, cranny, and on every surface of the home and the family's belongings.

Personal items were also damaged.

174. Shortly after the family returned, they discovered what appeared to

be mold in their ducts, which they were told were cleaned or replaced during their

original displacement. After a duct cleaning was performed on September 23,

2024, the mold was still present. On September 24, 2024, Aaron Vaughn, a Project

Manager for Harbor Bay, stated that the mold was thick and could be wiped off

but needed a good scrubbing. Mr. Vaughn said that if there was no moisture, the

mold would not continue to grow. The family again relied on Mr. Vaughn's word

and stayed in the home, further exposing their family to the mold that did in fact

46
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 50 of 218 PageID 50

continue to grow. On October 1, 2024, another vendor, PBM, came to clean the

ducts.

175. The family continued to discover items that were on the scope of work

from August 2024, but which had not been fixed during the remediation process

that Mr. Wicker suggested completing before the family moved back in. The items

consisted of the storage closet ceiling and the upstairs bathroom, which was the

same bathroom originally discussed during Ms. Kirby's first visit when she re-

ferred to the mold as ”surface dust.”

176. In January 2025, the Barrons were again looking at significant mold

contamination that presented behind the dishwasher. Even though the kitchen

had a containment barrier erected, the contractors carried the moldy drywall and

cabinets outside of the containment barrier and throughout the rest of the home.

They sanded the cabinets and then tried to reinstall the same cabinets back into

the home, even though Candace Rosalez, Harbor Bay's current Community Direc-

tor, had told the family that they would be receiving new cabinets.

177. An independent inspection in March 2025 revealed that the entire

HVAC system was contaminated with mold. Not only was the HVAC blowing

contaminated air throughout the home, but the inspector also found an active sew-

age leak. The family made the decision to move off base for their own health and

47
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 51 of 218 PageID 51

safety after the independent inspector deemed the home unfit for human occu-

pancy.

178. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

179. Ms. Barron developed severe sinus congestion, headaches, anxiety,

dizziness, and skin irritation. Master Sergeant Barron suffered from brain fog, con-

gestion, and chronic headaches. Their children, F.J. and H.B., experienced height-

ened allergies, dizziness, infections, and sleep disturbances.

180. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

181. The Barron family incurred significant financial losses including se-

curity deposits, utility deposits, and lost personal property from the contaminated

home.

182. Harbor Bay provided the Barrons with an incomplete and misleading

maintenance history, which concealed the unit's complete history and repeatedly

assured the family that issues were fixed. The Barrons relied on these misrepre-

sentations and continued to live in the unit and pay rent, suffering long term dis-

placement and serious health effects.

48
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 52 of 218 PageID 52

Borst Family

183. Plaintiffs Master Sergeant Laverne Borst and his wife Samantha,

along with their daughters J.B. and L.B., moved into 1622 Billy Mitchell Loop in

the Liberty Cove neighborhood at MacDill Air Force Base on January 10, 2024.

Master Sergeant Borst serves in the United States Air Force. The Borst family

signed a lease with AMC East Communities, LLC as the Owner, and Harbor Bay

Management Services, Inc. as the Property Manager. The lease provides that Flor-

ida law applies.

184. From the beginning, the home suffered repeated water intrusion—

leaking windows, water-damaged stucco, HVAC backups that flooded the utility

room, tubs leaking into the garage, and water dripping from bathroom ceiling

vents and light fixtures. On March 21, 2024, a leak from the front window of the

home resulted in a work order submitted by the family. When the drywall was cut

out around the window, the family could see visible mold. No containment barrier

was installed, and instead the contractors carried the damp and moldy debris

through the home without any containment. On information and belief, this fur-

ther spread toxic mold to previously clean parts of the home and caused the family

to come into contact with the mold.

185. When Ms. Borst noted the mold growth around her window to Kylee

Kirby, Harbor Bay's former Environmental Supervisor, Ms. Kirby stated that “we

49
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 53 of 218 PageID 53

do not do mold testing, but we will get your ducts cleaned.” Repairs for this issue

were not completed until mid-July 2024.

186. On August 22, 2024, the downstairs bathroom vent began dripping

water. The family submitted a work order that same day. Only two weeks later,

the family submitted yet another work order for water sitting in a light fixture at

the top of the stairs. Vincent Williams, Harbor Bay's Maintenance Supervisor,

stated that this leak was condensation but said he would schedule a follow-up.

The following day, Tevin Walton from Harbor Bay came and said that he was un-

sure of what was causing the issue and would add this item to a list for an inspec-

tion that would be scheduled soon. After several weeks, the family contacted Har-

bor Bay to confirm an inspection had been scheduled. It was not.

187. After Hurricane Milton in October 2024, the family came home to yet

another leaking window, this time from one of their bedrooms. A work order was

sent to Harbor Bay, but they waited more than three weeks to send a third-party

vendor to complete moisture mapping. When the contractor inspected the win-

dow, he said the area was dry. Suspicious, the Borst family purchased their own

moisture meter, inspected the same window, and the meter showed elevated

moisture levels which they reported to Harbor Bay. The work order was closed

without repairs being made.

50
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 54 of 218 PageID 54

188. On November 12, 2024, the HVAC drain line backed up and caused

water to enter the downstairs bathroom. The family called immediately to submit

a work order by telephone. They later found out from Mr. Walton that the air con-

ditioning drain was clogged, backing up into the dehumidifier and overflowing

into the bathroom, and that the dehumidifier had been installed incorrectly. The

family had already submitted several work orders for the dehumidifier prior to

this admission.

189. Harbor Bay did not address the leaking bedroom window until

March 2025. By March 13, 2025, the home showed visible stucco cracking and

wood rot around the upstairs window. After months of back and forth and addi-

tional work orders, contractors from Carrollwood Construction completed a water

test on March 26, 2025, on the upstairs window that showed water pouring into

the window in multiple areas, as the frame bent at the top allowing water to enter

the home. While the contractors did contain the bedroom, the contractors exited

the containment area and carried wet and moldy materials through the home con-

taminating the air and the Borsts' belongings. On information and belief, this fur-

ther spread toxic mold throughout the home and caused the family to come into

contact with the mold.

51
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 55 of 218 PageID 55

190. It was not until late March 2025, over five months since the upstairs

window was leaking, that the moisture intrusion was addressed by replacing the

window without remediating the surrounding area.

191. Aside from the leaking window, 2025 brought even more issues and

more work orders for the home. On January 24, 2025, the second-floor hall bath

was leaking into the garage. It took almost a month before the source of the leak

was found and fixed. It was determined that the issue was an improperly installed

tub and Harbor Bay's fix was “splash guards,” which are small plastic strips on

the edge of the tub.

192. Shortly after, the family moved out of base housing and into an RV

because an independent mold inspector hired by the family found the home's

HVAC system severely contaminated with hundreds of thousands of mold spores.

193. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

194. Master Sergeant Borst developed chronic rhinitis, headaches, brain

fog, and exacerbated preexisting joint pain. Ms. Borst endured stomach pain, fa-

tigue, inflammation, and exacerbated preexisting anxiety. J.B. suffered chronic

congestion, headaches, exacerbated preexisting allergy symptoms, and itchy eyes,

and L.B. faced recurrent sinus infections, headaches, and ear infections.

52
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 56 of 218 PageID 56

195. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

196. The Borst family incurred significant financial losses from moving ex-

penses, storage expenses, and the loss of personal property that was contaminated

from the mold in the home and had to be thrown away.

197. Despite the Borsts' repeated maintenance requests, consistent reports

of water intrusion, and pleas for home repairs, Defendants allowed unsafe condi-

tions to persist, subjecting the family to daily disruption, health crises, and lasting

harm.

Colón Family

198. Plaintiffs Angelique Colón and her two young children, A.C. and

E.C., moved into 2402 Enlisted Way in the Chevron Park neighborhood at MacDill

Air Force Base in June 2023. The Colón family signed a lease with AMC East Com-

munities, LLC as the Owner, and Harbor Bay Management Services, Inc. as the

Property Manager. The lease provides that Florida law applies.

199. The move came during a medical crisis. Angelique Colón had just

been diagnosed with Stage 3 Hodgkin's Lymphoma, and her doctors required her

to remain nearby for treatment. The Navy arranged emergency orders to return

the family from Naples, Italy. Before the family moved in, on June 26, 2023, Geri

53
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 57 of 218 PageID 57

Leto, the Assistant Community Director for Harbor Bay, assured the Colóns that

their home would meet their needs, representing it as ADA-compliant, clean, and

ready for them to move in. Ms. Leto stated that Harbor Bay and Michaels had re-

done all the legacy homes that were built by the Air Force, and that the home was

appropriate for service members with special needs.

200. The family felt pressured to make a rushed decision about moving in

during this stressful period. Emails from Ms. Leto warned them that they had only

five business days to accept the offer or risk being removed from the waitlist for

90 days. Feeling they had no choice, and relying on Harbor Bay's assurances, the

family signed their lease.

201. During their walkthrough on June 26, 2023, Angelique Colón asked

Ms. Leto questions about mold because she had seen it mentioned on the news.

Ms. Leto assured her that it would not be an issue, and that if any mold developed,

they would fix it promptly. Angelique Colón relied on Ms. Leto's assurances and

felt safe moving into the home.

202. By the summer of 2024, the master bathroom wall began bowing out-

ward due to moisture intrusion. When Angelique Colón called Harbor Bay's

maintenance line, an unknown Harbor Bay maintenance technician came to in-

spect the wall. He dismissed her concerns, stating that mold was to be expected

54
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 58 of 218 PageID 58

and that it was not concerning. He insinuated that if the family kept a clean home,

mold would not be an issue.

203. That summer and fall, the Tampa area experienced several hurri-

canes, causing roof leaks, soffit damage, and ceiling water stains. In a November

28, 2024 email, Michaels' Construction Superintendent, Scot Bentley, stated that

containment and subsequent remediation would not begin on the hurricane dam-

age until December 11, 2024. Harbor Bay did not meet this deadline and instead

continued to miss scheduled appointments.

204. In January 2025, Angelique Colón was admitted for a stem cell trans-

plant. Knowing how vulnerable she would be after treatment, the family pleaded

with Harbor Bay and Kathryn Alvarez, Harbor Bay's Operations Coordinator, to

complete the bathroom repairs while she was hospitalized. In a January 24, 2025

email, Ms. Alvarez stated that repairs to the master bedroom, master bathroom,

and front bedroom would be completed “tentatively before or on February 10.”

Instead, on January 31, 2025, Ms. Alvarez admitted that Harbor Bay's contractor

could not handle the job and new vendors—Tampa Bay Best, Carrollwood Con-

struction, and Master Restoration—would be brought in.

205. On February 3, 2025, when the bowing wall was opened, black mold

was discovered along with evidence of substandard sheetrock installation. In a

February 12, 2025 email, Ms. Alvarez acknowledged “suspected visible growth”

55
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 59 of 218 PageID 59

on the bathroom wall and stated that containment would be required. However,

the wall had already been open for more than a week, and no containment was in

place. Angelique Colón was still in the hospital, but her two young children,

spouse, and visiting family members were still living in the home.

206. When the contractors finally removed the moldy materials, they car-

ried them through the master bedroom, living room, kitchen, and out the door—

without any containment. On information and belief, this further spread toxic

mold to other parts of the home and increased the family's contact with the mold.

207. When Angelique Colón was discharged on February 8, 2025, she

could not return home due to unsafe conditions. She stayed with her mother be-

cause Harbor Bay refused to pay for alternative living arrangements while reme-

diation was occurring. Contractors attempted remediation on February 12, 2025,

by replacing drywall in the bathroom and installing a new tub. Containment was

improperly installed, and mold spores were further spread throughout the house.

208. Angelique Colón requested a full-home inspection because she was

worried about mold in the HVAC system, the ducts, and the vents.

209. In March 2025, InDepth Environmental, a contractor hired by Harbor

Bay, completed a visual mold assessment, identified elevated moisture, and rec-

ommended comprehensive remediation, including duct cleaning, plenum replace-

ment, and pantry wall removal. In mid-April 2025, the Military Housing Office

56
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 60 of 218 PageID 60

and Resident Advocate, William Farnand, confirmed that HVAC moisture and

mold issues required further work. That work never began.

210. In June 2025, an independent mold inspector, hired by the Colóns,

confirmed that the home was severely contaminated with millions of toxic mold

spores, including Stachybotrys, or black mold.

211. On August 12, 2025, Air Force housing personnel, including Captain

Toyre Hudson of the Air Force's 6th Civil Engineer Squadron, documented high

moisture in the hallway bathroom and noted that the recommendations made

months earlier by InDepth had never been addressed. Captain Hudson summa-

rized his findings in an email that he sent to Harbor Bay's leadership, among oth-

ers. Since this email, no repairs have been completed and there has been no follow-

up from anyone at Harbor Bay.

212. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

213. As a result of their exposure to mold, Angelique Colón experienced

fatigue, cough, brain fog, and recurrence of cancer. All of Angelique Colón's symp-

toms were exacerbated by the mold in the home. The children developed persis-

tent coughs and fatigue. The family is suffering from continuing severe emotional

harm as a result of their contact with mold in their Harbor Bay home. This

57
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 61 of 218 PageID 61

emotional harm has resulted in physical manifestations, including stress, counsel-

ing needs, and marital strain.

214. The Colón family incurred significant financial losses from losses in-

cluding medical expenses, temporary housing, property replacement.

215. Instead of the safe housing they were promised, the Colón family en-

dured exposure to mold, repeated false assurances, and the crushing burden of

unsafe housing during a medical crisis.

Cornell Family

216. Plaintiffs Senior Master Sergeant Jesse Cornell, his wife Julie, and

their three children, D.C., L.C., and R.C., moved into 1626 Billy Mitchell Loop in

the Liberty Cove neighborhood at MacDill Air Force Base on September 22, 2023.

Senior Master Sergeant Cornell serves in the United States Air Force. The Cornell

family signed a lease with AMC East Communities, LLC as the Owner, and Har-

bor Bay Management Services, Inc. as the Property Manager. The lease provides

that Florida law applies.

217. Beginning in 2024, the home experienced chronic water intrusion, in-

cluding leaks through the front patio roof, garage ceiling, and multiple bathroom

vents, as well as water seeping through electrical outlets and walls that tested at

100% moisture saturation.

58
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 62 of 218 PageID 62

218. On August 5, 2024, the family noticed water coming out of the vent in

the downstairs bathroom, along with mold growth around the vent itself. By Au-

gust 14, 2024, the bathroom also had a water spot on the ceiling with mold starting

to grow in the middle. Kylee Kirby, Harbor Bay's Environmental Supervisor,

found elevated levels of moisture. However, the following day, when the family

followed up with Harbor Bay, they were informed Ms. Kirby was no longer em-

ployed with the company.

219. Shortly after, on August 26, 2024, the kitchen wall showed signs of

water damage. Electrical outlet covers started to bend outwards with water ac-

tively dripping out of them. More moisture mapping was done and showed 100

percent moisture all along the east-facing wall of the home. Around this same time,

the bathroom ceiling was removed and carried out of the home without proper

containment. On information and belief, this spread additional mold spores

throughout the home, which in turn exposed the family to toxic mold.

220. At some point between the removal of the ceiling in the bathroom and

the family's eventual displacement, a member of the Air Force's 6th Civil Engi-

neering Squadron came to the family's home and confirmed that the containment

Harbor Bay had established for that bathroom was not sufficient. This was not

fixed until the family was displaced in November 2024. On information and belief,

this ineffective containment caused the family to come into contact with the mold.

59
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 63 of 218 PageID 63

221. In September 2024, bugs began to come into the kitchen through the

previously leaking electrical outlets. Subsequently, in October 2024, a large piece

of art in the dining room started to have a brown, gooey substance dripping from

behind it, and the moisture within the walls started to leak out of nail holes.

222. However, the family was not displaced to a TLF unit on the base until

November 2024. The family returned home in December 2024.

223. On February 10, 2025, there was a leak in the garage coming from the

upstairs hall bathroom. That bathroom leak was not repaired until later in Febru-

ary 2025, after Senior Master Sergeant Cornell complained to Geri Leto, Harbor

Bay's Assistant Community Director, and Candace Rosalez, Harbor Bay's Com-

munity Director, about previous temporary fixes, which had not addressed the

underlying causes.

224. In May 2025, mold reappeared in the same place in the downstairs

bathroom. The moldy and wet ceiling was not removed until July 2025, two

months later. Once again, the contaminated and moldy drywall was carried

throughout the house without containment, exposing the family to increased toxic

mold spores.

225. Currently, the family is displaced yet again because of repeat mold

and moisture issues, this time confirmed by an independent mold inspector hired

60
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 64 of 218 PageID 64

by the family, who found hundreds of thousands of mold spores throughout the

home and the HVAC system.

226. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

227. Senior Master Sergeant Cornell experienced headaches, brain fog, and

fatigue. Ms. Cornell faced chronic inflammation and stress. Their children suffered

allergies, congestion, and repeated infections.

228. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

229. The Cornell family incurred significant financial losses from property

damage, displacement costs, medical expenses, and other costs related to the mold

contamination.

230. Instead of providing the safe, habitable housing promised, Defend-

ants left the Cornell family in hazardous conditions that disrupted their stability,

destroyed property, and endangered their health.

Cortes Family

231. Plaintiffs United States Army Staff Sergeant Rafael Cortes, his wife

Danielle, and their young daughter V.C., moved into 8410 Roy Hooe Court in the

Heritage Cove neighborhood at MacDill Air Force Base on November 20, 2023.

61
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 65 of 218 PageID 65

The Cortes family signed a lease with AMC East Communities, LLC as the Owner,

and Harbor Bay Management Services, Inc. as the Property Manager. The lease

provides that Florida law applies.

232. Before moving into their current home, the Cortes family was offered

another home managed by Harbor Bay on the same base. After reviewing the

seven-year maintenance history and seeing prior mold issues, they declined that

home, citing Danielle's allergy to mold. They were then offered 8410 Roy Hooe

Court. Although the seven-year history noted “termite issues,” they accepted the

home for two reasons. First, the family understood that if they declined a second

home, they would be removed from the housing waitlist for 90 days, forced to

reapply, and placed at the bottom of the potentially years-long list. Second, during

their walkthrough, Madison Fernandez Foxworth, Harbor Bay's then Leasing Co-

ordinator, represented that the termites had been treated

233. In September 2024, the family noticed dark spots in the air vents. Dan-

ielle Cortes cleaned the vents, but when they accessed the utility room during that

cleaning, they found black spots on the wall next to the HVAC and on the unit

itself. The Cortes family performed an at-home mold test which indicated the pres-

ence of mold in the utility room. On September 23, 2024, Harbor Bay sent an un-

known technician to the home, and after he took a quick look at the HVAC closet,

62
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 66 of 218 PageID 66

he stated, “that is obviously mold.” He added that someone would follow up

within three days.

234. On September 24, 2024, Vincent Williams, Harbor Bay's Maintenance

Supervisor, who is not licensed to inspect for mold, said that the mold was “just

dirt” after a simple visual inspection. The family also raised questions regarding

other pending work orders, such as water intrusion from the kitchen vent when-

ever there were strong winds with rain. Mr. Williams stated that the person han-

dling work orders was gone and suggested that this was an oversight. He prom-

ised that a mold expert would come to check the home.

235. By October 3, 2024, Danielle Cortes's migraines had intensified, and

after an email to Julia Willaims, Harbor Bay's Turn Supervisor, the family was dis-

placed to a hotel over 45 minutes one-way from the base. Their stay, initially sup-

posed to last a week, extended for several weeks. During this displacement, Har-

bor Bay failed to communicate with the family. The family was finally able to re-

turn home in November 2024.

236. In late spring 2025, the family encountered a swarm of termites in

their kindergartner's room. They submitted a work order, and a third-party pest

control vendor was dispatched. Upon arrival, he treated the termites with a liquid

solution, assuring them the termites should be gone by August 2025. However,

V.C. would never return to her original bedroom.

63
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 67 of 218 PageID 67

237. In June 2025, an independent mold inspector hired by the family de-

termined that the home was contaminated with millions of toxic mold spores. The

highest counts were in V.C.'s original bedroom. The exterminator had pulled up

the carpets in this room without putting any containment in place. On information

and belief, this increased the amount of toxic mold in which the family came into

contact.

238. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

239. Danielle Cortes endured a miscarriage, repeated migraines, and men-

tal distress. Staff Sergeant Cortes suffered fevers, headaches, and unexplained ill-

nesses requiring urgent care, and V.C. developed rashes and breathing issues, re-

quiring multiple emergency room visits.

240. On information and belief, these injuries were caused or exacerbated

by contact with mold.

241. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

242. The Cortes family incurred significant financial losses including med-

ical expenses, temporary housing, and property replacement.

64
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 68 of 218 PageID 68

243. Instead of providing safe and habitable housing, Defendants sub-

jected the Cortes family to unsafe living conditions, displacement, and lasting

harm to their physical and mental health.

De La Cruz Family

244. Plaintiffs Sandra De La Cruz, her husband Adrian De La Cruz, and

their children, E.D.L.C., S.D.L.C., and A.J.D.L.C., moved into 1805 Billy Mitchell

Loop in the Liberty Cove neighborhood at MacDill Air Force Base on June 1, 2022.

Sergeant Major Adrian De La Cruz serves in the United States Army. The De La

Cruz family signed a lease with AMC East Communities, LLC as the Owner, and

Harbor Bay Management Services, Inc. as the Property Manager. The lease pro-

vides that Florida law applies.

245. In October 2022, the De La Cruz family discovered mold on the ceiling

of the downstairs bathroom. A Harbor Bay employee told them it was not a big

deal and wiped it off with a rag. The Harbor Bay employee then told the family

that someone would come to test for mold. Kylee Kirby, Harbor Bay's former En-

vironmental Supervisor, arrived to test for moisture. She wrote notes and reported

seeing water or condensation behind the walls. Besides placing a dehumidifier in

the bathroom, no remediation was performed, and no containment was estab-

lished. The De La Cruz family never received mold test results.

65
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 69 of 218 PageID 69

246. On March 1, 2023, a Harbor Bay employee from the housing office

told the family that an HVAC issue was causing condensation throughout most of

the downstairs. A March 2, 2023, email from Harbor Bay's Operations Coordinator

regarding a work order noted displacement would be required due to “metal

ducts sweating.” On or around March 17, 2023, the family was displaced to a hos-

pitality suite on base for what was supposed to be two weeks.

247. On March 29, 2023, the family was notified via email from Kathryn

Alvarez, a Harbor Bay Operations Coordinator, that displacement was extended

while the ductwork was replaced. On April 5, 2023, Ms. Kirby indicated in an

email to Ms. De La Cruz that the repairs were completed.

248. On October 1, 2023, mold was found on the vent of the downstairs

half bath—the same bathroom from the prior year. A Harbor Bay maintenance

worker confirmed mold was present, and stated a specialist hired by Harbor Bay

would be sent to the home. When the specialist arrived, the family was told that

unsealed pipes from prior work were causing condensation to enter from outside.

A large fan and a dehumidifier were placed in the bathroom without proper con-

tainment. A different HVAC specialist came a few days later from the same vendor

and indicated that the pipe repairs were complete.

249. On July 9, 2024, the vent in the same bathroom was leaking again. A

Harbor Bay maintenance technician said it was from the “cold air hitting the vent.”

66
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 70 of 218 PageID 70

A fan was brought in, and they used a “quick dry solution” to spray the vent and

ceiling.

250. On October 12, 2024, the family returned home after Hurricane Milton

to find water damage in the kitchen, pantry, and dining room. The back wall of

the home was wet to the touch, and water had soaked rugs and pantry carpet.

251. On October 15, 2024, vendors hired by Harbor Bay arrived and re-

moved the drywall from the bottom half of the damp back wall and pulled out all

the carpet from the pantry. A crew removed all damaged drywall material while

the family was home. The workers carried wet and moldy material out of the home

without proper containment. On information and belief, this further exposed the

family to toxic mold. The vendor taped plastic sheeting over the kitchen areas that

were cut out. No further work was performed.

252. By October 25, 2024, the electrical outlets in the kitchen had warped

and developed water bubbles behind them. Weeks later, when the plastic contain-

ment began peeling off the walls, the housing office told Ms. De La Cruz that they

did not know what repairs were needed, and that the vendors who completed the

initial tear out of the walls were no longer working for Harbor Bay. The plastic

sheeting remained up but continued peeling until after the family was displaced.

On information and belief, this further spread toxic mold and caused the family to

come into contact with the mold.

67
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 71 of 218 PageID 71

253. On November 1, 2024, a vendor hired by Harbor Bay inspected the

De La Cruz house using a moisture meter. An employee of the vendor told Ms. De

La Cruz that the kitchen had major damage. He told her that the cabinets on one

wall would need to be replaced along with the drywall. He reported that drainage

issues outside the home were failing to keep rainwater away from the home. He

also mentioned that part of the ceiling in the second bedroom would need to be

removed due to moisture. A second displacement would be necessary.

254. On November 8, 2024, Ms. De La Cruz sent an email to the Harbor

Bay Hurricane Response email address regarding what the vendor told her during

his visit. On November 12, 2024, Geri Leto, Harbor Bay's Assistant Community

Director, replied that the appropriate party would respond. Ms. De La Cruz re-

ceived no further response.

255. A November 29, 2024 email, from "Elise" of The Michaels Organiza-

tion asked the family “How is your stay so far?” which confused Ms. De La Cruz

as the family was not displaced. Ms. De La Cruz replied, “We are currently still in

our home. We heard we would be displaced, but never heard back.” Elise never

responded.

256. A December 20, 2024, email from the Harbor Bay Hurricane Response

email address confirmed the ceiling damage in the upstairs bedroom and the dry-

wall removal in the kitchen.

68
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 72 of 218 PageID 72

257. The family was displaced on or around January 3, 2025. Despite sig-

nificant damage to the kitchen and bedroom, a January 29, 2025, email from

Kathryn Alvarez listed ductwork replacement as the entire scope of work to be

completed. Ms. De La Cruz replied that there was no mention of the many other

repairs that she understood to be part of the reason for her family's displacement.

A Harbor Bay employee claimed that he conducted moisture readings, and the

walls were no longer moist, so some of the work did not need to occur. Nothing

else was addressed.

258. An independent mold inspector hired by the family tested the home

on June 26, 2025. The testing showed severely elevated mold levels in the HVAC

of the home as well as other areas, rendering the home uninhabitable.

259. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

260. Ms. De La Cruz developed headaches, sinus congestion, eye irritation,

cough, skin problems, gastrointestinal illness, GERD, liver issues, fatigue, memory

loss, and migraines, with multiple emergency room visits for cardiac and migraine

episodes. Sergeant Major De La Cruz suffered from respiratory issues, a chronic

sore throat, and migraines, including an emergency room visit for a severe mi-

graine. S.D. experienced vomiting episodes. E.D. suffered from GERD, headaches,

eye irritation, memory issues, depression, stomach pain, and vomiting. A.D. had

69
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 73 of 218 PageID 73

appetite loss, rashes, and recurring respiratory problems that led to multiple emer-

gency room hospitalizations for fever and pneumonia.

261. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations, including anxiety, sleeplessness, and marital

strain. The children missed school during displacements.

262. The De La Cruz family incurred significant financial losses from med-

ical expenses, replacement of mold-contaminated personal belongings, and costs

related to displacement.

263. Despite repeated displacement, health issues, and personal losses, no

reimbursement was provided. Harbor Bay failed to share crucial test findings and

did not complete critical repairs for the following items: water-damaged cabinets,

wet drywall, problematic drainage, water-damaged ceilings, and leaking electrical

outlets. These failures left the De La Cruz family in dangerous conditions and un-

certain about the long-term impact on their health and stability.

De La Garza Family

264. Plaintiffs Staff Sergeant Mauricio De La Garza, his wife Maricela

Nunez Pedraza, and their sons, M.D.L.G.N. and M.D.L.G., moved into 8405 Boyd

Court in the Freedom Cove neighborhood at MacDill Air Force Base on March 22,

2024. Staff Sergeant De La Garza serves in the United States Air Force. The De La

70
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 74 of 218 PageID 74

Garza family signed a lease with AMC East Communities, LLC as the Owner, and

Harbor Bay Management Services, Inc. as the Property Manager. The lease pro-

vides that Florida law applies.

265. Early on, the family noticed significant mold. The frame of the main

door was covered in mold, which Staff Sergeant De La Garza reported to mainte-

nance immediately, but the mold was not addressed. Mold was also visible along

the bathroom ceilings and thick patches lined the edges of the bathtubs. Despite

repeated reports to Harbor Bay, no remediation or repairs followed.

266. In September 2024, Hurricane Helene flooded the downstairs storage

unit, soaking the walls and floors. Emails from Harbor Bay stated that crews

would be out to assess the damage. However, no one ever came to clean, dry out,

or remediate the damaged areas, and mold grew unchecked. Days later, Hurricane

Milton flooded the home. Harbor Bay's only response was to place industrial fans

around the house for two weeks, without performing any internal rebuild, con-

tainment, or proper remediation. Harbor Bay did not conduct mold testing.

267. In June 2025, an independent mold inspector hired by the family

found high counts of toxic mold throughout the home's HVAC system. On infor-

mation and belief, this further spread toxic mold throughout the home and caused

the family to come into contact with the mold.

71
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 75 of 218 PageID 75

268. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

269. Staff Sergeant De La Garza developed breathing problems, coughing,

nausea, and headaches that required repeated doctor's visits and an inhaler to

breathe. Ms. Nunez endured nausea, headaches, and difficulty breathing. Their

son M.D.N. experienced shortness of breath and a persistent cough. M.D. suffered

the most severe symptoms—shortness of breath, cough, nausea, vomiting, and fe-

vers—which required ongoing medical care and inhaler prescriptions.

270. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

271. The family remained in these conditions for more than a year, with

no meaningful response from housing management. They moved out on July 21,

2025, relocating to Arizona.

272. The De La Garza family incurred significant financial losses from

medical expenses, relocation costs, and other expenses related to the mold con-

tamination.

273. Instead of providing habitable housing, Defendants subjected the De

La Garza family to mold-infested living conditions, repeated flooding, neglect,

and serious, lasting harm to their health and well-being.

72
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 76 of 218 PageID 76

Elliott Family

274. Plaintiffs Courtney Elliott and her children M.E. and W.E. moved into

1627 Billy Mitchell Loop in the Liberty Cove neighborhood at MacDill Air Force

Base on August 10, 2023. The Elliott family signed a lease with AMC East Com-

munities, LLC as the Owner, and Harbor Bay Management Services, Inc. as the

Property Manager. The lease provides that Florida law applies.

275. During the initial walkthrough of the home with Harbor Bay's former

leasing specialist Matthew Crews, they were told that rust streaks and water drip-

ping off light fixtures were just “condensation from the air vents.” The family was

given a seven-year work order history prior to moving in, but nothing of concern

was noted.

276. During the walkthrough, Ms. Elliott noticed a white substance oozing

from the laundry room floor. Kylee Kirby, Harbor Bay's former Environmental

Supervisor, came to the home within a few days, and she stated that the floors had

just been replaced, and it was probably glue or adhesive from the install. Ms. El-

liott observed that the floors were not new, as they were scratched, cracked, and

in poor condition.

277. After being evacuated during Hurricane Idalia in 2023, the family re-

turned to a musty odor in the home. They placed a work order for this smell, but

nothing was done.

73
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 77 of 218 PageID 77

278. On October 10, 2023, Ms. Elliott turned to the Resident Advocate em-

ployed by the government, William Farnand, to discuss many issues, including

missed appointments by Harbor Bay maintenance technicians and instances

where technicians would arrive only to state they needed to return for a part—and

then never return.

279. In July 2024, after returning from a weekend trip, the family was once

again met with a strong musty odor that immediately triggered breathing issues

for the entire family and sore throats for the children. Yet another work order was

placed, and a Harbor Bay maintenance team was sent out, but after briefly looking

around, the team left without finding the cause.

280. After Tropical Storm Debbie hit Tampa, Ms. Elliott found a puddle of

water on her kitchen counter as well as wet drywall around the kitchen window.

Upstairs, the carpet along the same wall as the kitchen downstairs was also wet.

Harbor Bay sent a crew to cut out drywall. The technicians carried wet and moldy

drywall out of the home without proper containment. The technicians then placed

industrial-sized fans and dehumidifiers blowing directly into the open wall, with-

out containment. On information and belief, this further spread toxic mold

throughout the home and caused the family to come into contact with mold spores.

281. On August 27, 2024, the family discovered a ceiling leak in the down-

stairs bathroom. The family placed a work order for this issue and in September

74
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 78 of 218 PageID 78

2024, a vendor hired by Harbor Bay cut the ceiling out of the affected area but did

not use any containment. On September 5, 2024, a Harbor Bay technician plugged

a dehumidifier straight through plastic containment and into a live electrical

socket, exposing the family to a fire risk. After weeks of drying, the fans were re-

moved, but an awful smell still permeated the air. During the time these fans were

in the home “drying” the wet building material, there was no containment or bar-

rier installed. On information and belief, the lack of containment and industrial

fans further spread toxic mold throughout the home and caused the family to

come into contact with mold spores.

282. Even after repeated inspections and discussions of remediation, Har-

bor Bay's remediation stalled, contractors cycled in and out of the home and failed

to complete repairs. The family was never displaced. Shortly after Christmas 2024,

the family received a call from someone working with The Michaels Organization

Corporate Office, asking how everything was going with hurricane repairs and

stating that someone would be in contact with them. There were many emails and

phone calls back and forth between Harbor Bay and Michaels employees about

the family's relocation, including an email on January 9, 2025, from Kathryn Alva-

rez again discussing displacement. Ms. Elliott responded two days later via email

again requesting displacement but there was no action until August 2025 when

75
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 79 of 218 PageID 79

repairs started in the master bedroom ceiling and master closet. Other repairs,

such as the master bedroom window leak, had not been addressed.

283. In March 2025, an independent mold inspector tested the home's

HVAC system and found it contained hundreds of thousands of mold spores. On

information and belief, toxic mold spread throughout the home by improper re-

mediation, a lack of containment, and industrial fans, causing the family to come

into contact with mold.

284. Water is still leaking from the ceiling in the downstairs half bath. On

September 17, 2025, Harbor Bay maintenance technician Ryan Fil visited the Elliott

home regarding an issue with the family's stove. Mr. Fil noted mold behind the

stove on the backsplash and asked, “Has anyone been out here about that mold?”

He went on to say that he was “sorry that they were still dealing with this.”

285. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

286. Ms. Elliott developed headaches, sinus pain, nosebleeds, itchy eyes,

brain fog, fatigue, and anxiety. M.E. experienced prolonged periods of coughing,

sleep disturbances, and behavioral changes. W.E. endured eczema flares, behav-

ioral changes, congestion, and sleep disturbances.

76
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 80 of 218 PageID 80

287. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

288. The Elliott family incurred significant financial losses from medical

expenses and other costs related to the mold contamination.

Farooq Family

289. Plaintiffs Technical Sergeant Faisal Farooq, his wife Mandonna, and

their sons A.F. and H.F., moved into 1831 Mobility Lane in the Heritage Cove

neighborhood at MacDill Air Force Base on March 13, 2023. Technical Sergeant

Farooq serves as a Special Agent in the United States Air Force. The Farooq family

signed a lease with AMC East Communities, LLC as the Owner, and Harbor Bay

Management Services, Inc. as the Property Manager. The lease provides that Flor-

ida law applies.

290. The family declined the first home that Harbor Bay offered them be-

cause of certain items noted on the seven-year work order history, including: re-

peated water leaks in the ceiling coming from upstairs, repeated pest issues, and

previous requests for the vents to be checked.

291. Before moving into the second home, they requested to do a walk-

through of the unit. Harbor Bay's Leasing Specialist, Sara Mang, informed them

that the home was still “being worked on to get it ready for move in,” and “that

77
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 81 of 218 PageID 81

the home has to go through an inspection after the work is complete.” However,

according to Ms. Mang's email, the family only had five days to accept the home

or, since it was their second decline, they would be removed from the housing

waitlist for 90 days and forced to reapply—subsequently being placed at the bot-

tom of the potentially years-long list. On information and belief, this work was

limited to cosmetic updates.

292. Two months after moving in, the family placed an emergency call for

leaking water in the storage unit below the home. A Harbor Bay maintenance tech-

nician named Edgar cut holes to investigate. It took over a month and numerous

visits from several other Harbor Bay employees to determine the leak was coming

from the neighboring unit's master bathroom tub. Harbor Bay did nothing to re-

pair the damage caused by this leak.

293. On August 4, 2024, after Tropical Storm Debbie, there were multiple,

discolored streaks coming from the windows in the stairwell of the home. The

Farooqs believed that this indicated leaking windows. Ten days later, on August

14, 2024, Harbor Bay's Environmental Supervisor, Kylee Kirby, visited the

Farooqs' home and inspected for moisture. When inspecting the kitchen, Ms. Kirby

confirmed that, due to the moisture in the wall, she could push in the lower half

of the drywall, even though her meter allegedly did not find any moisture. Later

that day, in an email, Ms. Kirby stated that she conducted a comprehensive

78
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 82 of 218 PageID 82

inspection of all the windows in the home. She noted that, “We found that all win-

dows, with the exception of one small window above the staircase, are within dry

standards.”

294. The next day, a vendor inspected the living room window. He stated

that the living room windows would need to be replaced. He looked at two of the

five upstairs/stairwell windows and commented that those two windows were

fine, but there was still moisture around them.

295. Technical Sergeant Farooq informed Ms. Kirby that you could see

where it has been painted over, and you can press on it where it is wet. He also

stated that the vendor was unable to inspect the remaining stairwell windows

without a ladder. Technical Sergeant Farooq requested in an email to Ms. Kirby

that the vendor return with a ladder to inspect the remaining three windows.

296. Ms. Kirby responded that her tests did not indicate that there was

moisture damage, and that the reason for the “soft texture” of the drywall was

because it was not secured to a stud. The family relied on this information and

continued to remain in the home.

297. On August 15, 2024, Spencer Teller, Harbor Bay's Facilities Director,

and Adrian Rodriguez, Harbor Bay's Assistant Facilities Director, visited the

Farooq home. In an email after the visit, Ms. Farooq noted necessary follow-ups

including communication about window replacement, and damaged wood in the

79
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 83 of 218 PageID 83

carport ceiling that needed to be replaced, but only after the source of the leak was

identified.

298. The days and weeks that followed consisted of little to no communi-

cation about repairs. Multiple vendors entered the home without notice, removed

drywall under the living room window, and left construction debris for the family

to clean. On information and belief, this further increased the family's contact with

items contaminated by mold.

299. During the installation of baseboards, a wet spot was found on the

wall. Instead of addressing the issue, the Harbor Bay technician, Julio Sosa,

painted over it.

300. It was not until August 30, 2024, that Harbor Bay's third-party vendor,

InDepth, inspected the home for mold. The report that came the following week

required displacement of the family. At that time, Geri Leto, Harbor Bay's Assis-

tant Community Director, stated that she expected the work to take two weeks,

and that it would begin toward the end of September. Displacement was sched-

uled to start October 4, 2024, but this plan was interrupted by Hurricane Helene.

301. When the family returned from evacuation due to Hurricane Helene,

there was more water streaking from the stairwell windows along with a musty

smell. On September 29, 2024, two unknown Harbor Bay technicians came to

80
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 84 of 218 PageID 84

photograph the water damage from the windows but had no answers regarding

next steps or repairs. The vendors never came to the house.

302. In 2025, the family's dishwasher leaked continually, their HVAC

failed even after replacement, and pest control was inadequate, leaving them to

deal with termite infestations. In August 2025, an independent mold inspector

hired by the family confirmed that the mold in the home was so pervasive and

widespread, the home was deemed “unfit for human occupancy.”

303. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

304. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations, including anxiety and disruption to daily life,

marital strain, canceled family plans, and time off work.

305. The Farooq family incurred significant financial losses from displace-

ment costs, property damage, and other expenses related to the mold contamina-

tion.

306. Instead of the safe, stable housing owed to them, the Farooqs were

subjected to displacement, property damage, and hazardous conditions that en-

dangered their health and stability.

81
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 85 of 218 PageID 85

Gardiner Family

307. Plaintiffs Tanya Gardiner and her three daughters, Desiree Gardiner,

S.G., and K.G., moved into 1958 Okinawa Court in the Freedom Cove neighbor-

hood at MacDill Air Force Base on May 22, 2024. Ms. Gardiner serves in the United

States Navy. Ms. Gardiner signed a lease with AMC East Communities, LLC as

the Owner, and Harbor Bay Management Services, Inc. as the Property Manager.

The lease provides that Florida law applies.

308. Within weeks, the home showed serious problems, including water

intrusion through the master bedroom ceiling and closet, leading to visible dam-

age. Ms. Gardiner feared that the ceiling would collapse on her while she was

sleeping.

309. After numerous calls to the maintenance line, Harbor Bay simply sta-

pled a tarp to the ceiling of the master bedroom. The ceiling began to crack and

water started pouring in each time it rained. In July 2024, Ms. Gardiner and her

children were displaced so contractors could attempt repairs. After a few weeks,

Harbor Bay moved the family back home. Ms. Gardiner believed Harbor Bay

would not move them back into a house unless the issues were fixed.

310. On September 17, 2024, Ms. Gardiner called the Harbor Bay mainte-

nance line concerning her HVAC unit, which stopped working and started leaking

into the living room.

82
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 86 of 218 PageID 86

311. They were still without air conditioning on September 24, 2024, when

the base issued evacuation orders for Hurricane Helene. Damage from back-to-

back hurricanes in September and October 2024 caused new leaks in the upstairs

bathroom and the master bedroom closet. When the family returned home on Oc-

tober 11, 2024, the HVAC was still not operational, and Ms. Gardiner again re-

sorted to using ice packs to keep her daughter from passing out. On October 13,

2024, Geri Leto, Harbor Bay's Assistant Community Director, told Ms. Gardiner

that she needed to find her own hotel accommodations and cover the cost herself.

312. The hotel was nearly an hour from base. Five days later, after Ms.

Gardiner asked her military commander for assistance, the family was moved into

a TLF unit on base. After nearly six weeks displaced, the family returned home

just in time for the holidays.

313. Unfortunately, their relief was short-lived. On January 21, 2025, K.G.'s

bedroom ceiling began to leak. Ms. Gardiner immediately reported the issue, and

an unknown Harbor Bay technician came that day to take photos. He said that

Harbor Bay would send a contractor. The leaking ceiling made K.G. fearful of

sleeping in her own room. The leak was not addressed for four months, until May

2025.

314. On May 1, 2025, contractors hired by Harbor Bay cut a hole in K.G.'s

ceiling and removed damp, moldy insulation, and drywall. The workers did not

83
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 87 of 218 PageID 87

use proper containment and carried the moldy, contaminated materials out of the

bedroom, down the stairs, through the living room, and out the door. On infor-

mation and belief, this exacerbated the already existing mold problems and caused

the family to come into contact with additional mold.

315. In August 2025, an independent mold inspector, hired by the family,

arrived to conduct testing. The inspector observed water leaking into K.G.'s bed-

room and into the kitchen. Ms. Gardiner was using buckets to catch the water at

the time. She had reported the leaks to Harbor Bay the day before, after heavy rain.

Testing revealed millions of mold spores in nearly all areas of the home, and the

inspector deemed the property “unsafe for human occupancy.” Following the in-

spector's recommendation, Ms. Gardiner left the home due to safety concerns and

has not returned.

316. When Ms. Gardiner reported the mold inspector's findings to Harbor

Bay on August 11, 2025, the office staff said they would arrange their own inspec-

tion and again displaced her to a TLF unit on MacDill. Several days later, while

stopping by her home to collect medication and personal items, Ms. Gardiner no-

ticed the HVAC was again broken, with the indoor temperature at 85 degrees.

317. On September 16, 2025, Ms. Gardiner again stopped by her home and

met with Mike Whitman, Harbor Bay's Environmental Supervisor. The HVAC was

still broken, and the indoor temperature was recorded at 94 degrees.

84
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 88 of 218 PageID 88

318. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

319. Ms. Gardiner, who had never suffered respiratory or cardiac issues

before moving in, was hospitalized for those issues while also battling repeated

infections, anxiety, and fatigue. The longer Desiree Gardiner remained in the

house, the more she slept due to unexplained fatigue and suffered syncope epi-

sodes, known commonly as fainting. In the short time since leaving their home,

her health has incrementally begun to improve. Ms. Gardiner's younger children

likewise suffered from sleep problems, allergies, and chronic stress. The family's

puppy developed continuous seizures while living in the home and eventually

died.

320. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

321. The Gardiner family incurred significant financial losses from medi-

cal expenses, temporary housing costs, property damage, and veterinary ex-

penses.

322. Instead of the safe housing promised to military families, the Gar-

diners were forced to endure repeated displacement, property damage, and seri-

ous health impacts caused by Defendants.

85
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 89 of 218 PageID 89

Little Family

323. Plaintiffs Sergeant First Class Robert Little, his wife Anessa, and their

four children—Carli, CAL.L., CH.L., and CAR.L.—moved into 8480 Fortress Drive

in the Freedom Cove neighborhood at MacDill Air Force Base in September 2012.

Sergeant First Class Little serves in the United States Army. After years of mainte-

nance issues and the birth of their special-needs son, the family relocated to an

ADA home at 2017 Viper Drive in the Independence Park neighborhood on March

22, 2016. The Little family signed a lease with AMC East Communities, LLC as the

Owner, and Harbor Bay Management Services, Inc. as the Property Manager. The

lease provides that Florida law applies.

324. For nearly a decade in Harbor Bay homes, the family endured chronic

maintenance failures documented in Harbor Bay's own seven-year work order his-

tory, including repeated plumbing leaks, flooding from the HVAC unit, dish-

washer and refrigerator failures, cracked outlets sparking and burning out lamps,

and water intrusion during storms. Despite dozens of urgent and emergency work

orders—including active leak repairs and moisture mitigation—Harbor Bay's con-

tractors repeatedly performed incomplete or temporary fixes, such as painting

over water damage, leaving the Little family in unsafe conditions.

325. By October 2024, the family noticed visible mold and water damage.

In June 2025, Harbor Bay documented moisture intrusion throughout the garage,

86
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 90 of 218 PageID 90

dining room, and family room, requiring displacement. An independent mold in-

spector hired by the family tested the home on August 12, 2025, and found sub-

stantial contamination, with mold spore counts in the hundreds of thousands in

certain areas of the home that had just been “remediated” the month prior. The

Little family moved out of their Harbor Bay home the following month.

326. On information and belief, the family came into contact with mold

from sources in their Harbor Bay homes.

327. Both Mr. and Ms. Little and all four children reported brain fog, res-

piratory infections, skin irritation, rashes, nosebleeds, chronic cough, allergies,

sleep problems, and anxiety. CAL.L. developed blood coagulation and lung den-

sity issues.

328. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay homes. This emotional harm has re-

sulted in physical manifestations.

329. The Little family incurred significant financial losses from replace-

ment of mold-contaminated furniture, clothing, and personal belongings, as well

as medical expenses and relocation costs.

330. Instead of providing safe, habitable housing, Defendants caused the

Littles to live for years in a mold-contaminated, structurally compromised home

that caused lasting harm to their health, stability, and property.

87
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 91 of 218 PageID 91

Loeffler Family

331. Plaintiffs Lieutenant Colonel Daniel Loeffler, his wife Doro-

thy, and their children Allyson, H.L., and J.L., moved into 8119 Marauder Drive in

the Independence Park neighborhood at MacDill Air Force Base on February 22,

2024. Lieutenant Colonel Loeffler serves in the United States Air Force. The Loef-

fler family signed a lease with AMC East Communities, LLC as the Owner, and

Harbor Bay Management Services, Inc. as the Property Manager. The lease pro-

vides that Florida law applies.

332. In May 2024, a Harbor Bay maintenance technician visited the home

to conduct an annual preventative maintenance inspection. During that inspec-

tion, he detected high moisture in the floor of the children's bathroom upstairs.

The maintenance technician told the family that the reason for the moisture was

the children's fault from splashing, which was not the cause.

333. The Harbor Bay technician returned with a dehumidifier that he left

in the home for a few days. He told the family that he would put in a request to

install “splash guards.” There was no remediation of the wet floors and “splash

guards” were not installed.

334. During their first summer in the home, the Loeffler family started to

feel ill. In June 2024, they noticed that they started to get sick more frequently,

including sinus issues, severe allergies, and respiratory issues.

88
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 92 of 218 PageID 92

335. Shortly after Tropical Storm Debbie in August 2024, the family no-

ticed that multiple rooms along the floor started to bow and sag. Ms. Loeffler

called the Harbor Bay maintenance line to report the flooring issues, and within a

few days, a Harbor Bay maintenance technician visited the home. After inspecting

the floor, the technician told the family that someone would be in contact with

them regarding the floor because it was “brand new” and still under warranty.

However, there was never any follow up from Harbor Bay about the floor.

336. On September 19, 2024, after a heavy rain, the family reported water

dripping from the master bedroom closet ceiling. A Harbor Bay technician visited

the home within a couple of days to visually inspect the issue. The technician could

not determine the source of the leak, but he said it could be a bigger issue, and that

the family would hear something from the Harbor Bay office soon with next steps.

There were no fans or dehumidifiers placed in the home to dry the ceiling. Be-

fore the family would hear back from the Harbor Bay office regarding next steps,

the entire base was evacuated twice within a two-week time frame due to back-to-

back hurricanes.

337. When the family returned to the home on October 13, 2024, Ms. Loef-

fler called the Harbor Bay maintenance line to report significant storm damage.

Extensive water damage appeared across the second-floor ceilings including the

89
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 93 of 218 PageID 93

master bedroom closet, the hallway, two of the children's bedrooms, and the chil-

dren's bathroom.

338. During a moisture inspection in November 2024, the family was told

by a Harbor Bay maintenance technician that the moisture reading was high, and

that Harbor Bay would address the issue. No steps were taken to mitigate mold

growth or remediate the issues.

339. The family noted mold concerns each week when Ms. Loeffler would

call Harbor Bay to check in on the status of their repairs. The entire family's health

was rapidly declining at this point. Harbor Bay never followed up or addressed

the many issues in the home, despite the weekly calls.

340. In May 2025, Harbor Bay informed the family that someone would be

coming through their neighborhood to inspect and address any remaining hurri-

cane damage from the previous fall. A woman from a third-party vendor, CBG,

visited to inspect the damaged areas of the home. As she was observing the water

damage and crack over the staircase, she said to herself that this was a serious

problem and that she didn't know how Harbor Bay would repair it. Before leaving,

she scheduled the repairs to begin on June 9, 2025, more than eight months after

the damage was done. She told the family that she did not think that Harbor Bay

would displace them since they would still have access to the kitchen and one of

the full bathrooms. She was correct. Harbor Bay did not displace the family. The

90
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 94 of 218 PageID 94

family of five slept on air mattresses in the living room of their home for several

days as the repairs were being made. Most of the water damaged areas were

simply painted over.

341. Unfortunately, the three areas that the contractors did repair further

contaminated the home. The workers hauled moldy and damp building materials

from the upstairs areas of the home, down through the rest of the house and out

the back door. On information and belief, this further spread toxic mold to other

parts of the home and caused the family to come into contact with the mold.

342. On June 25, 2025, the Loeffler family had their home tested by an in-

dependent mold inspector. The inspector found millions of mold spores in many

areas of the home, including their subfloor and HVAC system. On information

and belief, the hazardous mold plaguing the family's HVAC spread to other parts

of the home and caused the family to breathe in mold spores.

343. The family of five moved out of the home in August 2025 and in-

curred expenses for damaged property and medical testing.

344. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

345. Lieutenant Colonel Loeffler had an increase in the severity and occur-

rence of headaches, fatigue, brain fog, and depression, and was diagnosed with

exercise-induced asthma. Ms. Loeffler suffered migraines, chronic sinus

91
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 95 of 218 PageID 95

congestion, infections requiring antibiotics and steroids, bronchitis requiring an

inhaler for the first time, itchy eyes, sore throats, fatigue, and brain fog.

346. Their daughter H.L. was diagnosed with Postural Orthostatic Tachy-

cardia Syndrome (POTS) while living in the home and her preexisting autism got

worse. She also endured dizziness, eczema, mental health changes, problems with

temperature regulation, brain fog, difficulty focusing, bronchitis, pneumonia, mi-

graines, rashes, chronic congestion, chest pain, sore throat, lightheadedness, irreg-

ular sleep cycle, menstrual cycle issues, and fatigue.

347. Their son J.L. developed worsening asthma, chronic cough, bronchi-

tis, psoriasis flares, infections, headaches, fatigue, and mood changes.

348. Allyson Loeffler experienced frequent sinus infections, chronic nasal

congestion, worsening asthma, recurrent bronchitis and pneumonia, cough, sore

throats, itchy eyes, and nosebleeds. She also suffered from severe fatigue, dizzi-

ness, lightheadedness, temperature regulation issues, and difficulty sleeping.

Neurologically and emotionally, she developed brain fog, forgetfulness, anxiety,

depression, worsening headaches and migraines, and was diagnosed with inat-

tentive ADHD. Allyson's skin condition also worsened, with eczema on her hands

and persistent acne flares.

92
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 96 of 218 PageID 96

349. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

350. The Loeffler family incurred significant financial losses from dam-

aged property, medical testing and expenses, relocation costs, and other costs re-

lated to the mold contamination.

351. Despite repeated reports and ongoing illness, Harbor Bay failed to

provide effective remediation or safe housing, leaving the Loeffler family in haz-

ardous conditions that caused lasting damage to their health and stability.

Lopez Family

352. Plaintiffs Sergeant Edwin Lopez, his wife Jenit Lopez, and their four

children—H.G., A.G., D.L., and P.G.—moved into 1912 Okinawa Court in the

Freedom Cove neighborhood at MacDill Air Force Base on July 19, 2022. In 2024,

they were joined by a fifth child, V.L. Sergeant Lopez serves in the United States

Marine Corps. The Lopez family signed a lease with AMC East Communities, LLC

as the Owner, and Harbor Bay Management Services, Inc. as the Property Man-

ager. The lease provides that Florida law applies.

353. In late 2023, there was a leak from the upstairs hallway bathroom toi-

let which made its way through the floor and into the downstairs dining room

area. Ms. Lopez submitted a work order with Harbor Bay's emergency

93
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 97 of 218 PageID 97

maintenance line, and the same day, a Harbor Bay maintenance technician came

to the home. He turned off the water to the toilet and promised to return the next

day with a new toilet. The technician followed through on his promise of a new

toilet, but no water mitigation was performed on the areas affected by the leak.

There were no fans, blowers, or dehumidifiers brought in, and no wet material

was removed or replaced.

354. After the hurricanes in November 2024, Harbor Bay sent out teams to

assess the damage. When the third-party vendor hired by Harbor Bay came to the

Lopez residence, they spotted the water damage on the ceiling from the year prior.

Ms. Lopez told the vendor that the water damage was not from the hurricanes but

from a previous toilet leak.

355. On December 12, 2024, a vendor hired by Harbor Bay came into the

home and cut out the water damaged ceiling in the dining room. There was no

containment set up when they pulled the water-damaged material down and car-

ried it out of the home. On information and belief, this spread additional toxic

mold to other parts of the home and caused the family to come into contact with

more mold.

356. After the contaminated material was taken out, a plastic sheet was

taped across the 15-foot by 15-foot hole in their ceiling. A week or so later, Ms.

Lopez went to the Harbor Bay office to pay rent, and while she was there, she

94
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 98 of 218 PageID 98

asked when the ceiling was going to be put back in. A Harbor Bay employee told

Ms. Lopez that if she was not happy, she could move off base.

357. For fear of being evicted if she complained any further, Ms. Lopez

made no other attempts to follow up with Harbor Bay about the hole, and it stayed

there until at least June 2025, when the family moved out.

358. The week before the family left the home to move to their new duty

station, they had an independent mold inspector test their residence. During that

inspection on May 26, 2025, the home showed extensive mold contamination, in-

cluding thick mold in the family's HVAC, and the home was deemed “unfit for

human occupancy.”

359. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

360. Ms. Lopez endured headaches, breathing problems, allergies, body

aches, hair loss, and a miscarriage. Sergeant Lopez developed chest pain, nose-

bleeds, cough, congestion, fever, and stress. Their children experienced chronic

sinus congestion, coughing, chest pain, vomiting, ear infections, headaches,

rashes, and skin irritation, with H.G. additionally suffering stomach aches and hair

loss.

95
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 99 of 218 PageID 99

361. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

362. The Lopez family incurred significant financial losses from the loss of

personal belongings and other expenses related to the mold contamination.

363. Instead of the safe, habitable housing they should have received, the

Lopez family was left to endure illness, fear of reprisal, and property loss in the

contaminated home.

Love Family

364. Plaintiffs Staff Sergeant Devon Love, his wife Brittany Love, and their

daughters A.D.L. and A.R.L. moved into 1903 Okinawa Court in the Freedom

Cove neighborhood at MacDill Air Force Base in October 2020 and lived there until

June 28, 2024. Staff Sergeant Love formerly served in the United States Marine

Corps. The Love family signed a lease with AMC East Communities, LLC as the

Owner, and Harbor Bay Management Services, Inc. as the Property Manager. The

lease provides that Florida law applies.

365. Immediately after moving in, the family noticed that the floors felt as

if they were “bubbled up,” or as if the glue or adhesive underneath was not stick-

ing to the subfloor properly.

96
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 100 of 218 PageID 100

366. On July 7, 2021, Hurricane Elsa caused a water leak in the master bath-

room ceiling, resulting in water pooling on the floor. Ms. Love placed a work order

with the Harbor Bay maintenance line, and the following day, a Harbor Bay

maintenance technician came to assess the leak. The technician told Ms. Love that

the area was dry after he took several moisture readings. Nothing else was done

and the work order was marked complete.

367. The following year, on October 26, 2022, there was visible water dam-

age in the upstairs hallway bathroom ceiling. Ms. Love once again placed a work

order. A Harbor Bay maintenance technician came to assess the water damage. He

said there was no moisture, and the work order was closed.

368. Only two months later, on December 28, 2022, Ms. Love placed a work

order because she noticed that the upstairs hallway bathtub was having issues

with the caulking, and water was starting to seep under the tub. A technician from

Harbor Bay came to the home and replaced the caulking, but nothing was done to

mitigate the water damage.

369. On September 12, 2023, there was once again water damage to the

master bathroom ceiling directly after Hurricane Idalia in the exact same spot as

in 2021 and 2022. After Ms. Love placed a work order, a Harbor Bay maintenance

technician came to the home, but no moisture was found. Ms. Love believed if

there were serious issues with the home, the Harbor Bay maintenance staff would

97
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 101 of 218 PageID 101

treat it appropriately. She relied on their word that there was no moisture and that

nothing further needed to be done.

370. As time passed, there were several additional leaks from the refriger-

ator, laundry room, and dishwasher. Harbor Bay maintenance would come to the

home, attempt to fix the appliances, and never mitigate any of the water damage.

However, by late 2023, the family's refrigerator was still giving them issues, and a

Harbor Bay maintenance technician came to the home. When the technician pulled

out the refrigerator, it ripped portions of the floor. He sanded down the edges of

the ripped flooring and pushed the refrigerator back into its place. Soon the refrig-

erator started to sink into the floor of the stilted home.

371. The floors started to become squishy, like a sponge, when the family

walked across them. On February 2, 2024, the family was displaced for the floors

to be replaced. The family stayed in a hospitality unit on base for approximately

two weeks before returning home.

372. On April 25, 2024, Ms. Love noticed what seemed to be mold growing

on the wall between her laundry room and kitchen. After Ms. Love placed a work

order, a Harbor Bay maintenance technician came to the home and closed the work

order shortly after, stating that “there was no moisture or mold; only discolora-

tion.” On information and belief, there was sufficient moisture and leaks in the

home to sustain substantial mold growth.

98
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 102 of 218 PageID 102

373. On information and belief, the Love family came into contact with

mold from sources in their Harbor Bay home.

374. The family moved off base in June 2024, after Staff Sergeant Love was

medically retired.

375. Staff Sergeant Love initially managed chronic back pain from a 2016

injury, but after moving into the MacDill home his health deteriorated—he devel-

oped high blood pressure, migraines, sleep apnea, and worsening pain that ulti-

mately led to his medical retirement in June 2024. Ms. Love and the children were

constantly sick while in the home, suffering sore throats, runny noses, congestion,

chronic headaches, and recurring infections, which all improved after leaving base

housing.

376. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

377. The Love family incurred significant financial losses from medical ex-

penses, property damage, and relocation costs.

378. The family lost peace of mind, stability, and years of health to unsafe

housing, only to see dramatic improvement once they moved into a safe home off

base. Instead of the habitable housing the family expected, the Love family was

99
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 103 of 218 PageID 103

subjected to prolonged illness, displacement, and lasting harm caused by Defend-

ants.

King Family

379. Plaintiffs Major Corlethia King, her husband Micah, and their five

children, E.L.K., G.K., C.K., I.K., and E.D.K., moved into 8117 Marauder Drive in

the Independence Park neighborhood at MacDill Air Force Base on May 31, 2023.

Major King serves in the United States Air Force. The King family signed a lease

with AMC East Communities, LLC as the Owner, and Harbor Bay Management

Services, Inc. as the Property Manager. The lease provides that Florida law applies.

380. In the summer of 2024, Major King noticed a musty smell seeping

from the downstairs storage area and circulating through the vents into the living

spaces. The floors in the kitchen and family room began softening and splitting.

On August 7, 2024, the odor intensified, leading Major King to call the Harbor Bay

maintenance line and report the issue. The following day, August 8, 2024, a Harbor

Bay maintenance technician admitted that the floors needed to be removed due to

moisture. Throughout the next year, numerous technicians from Harbor Bay

would respond to flooring complaints and other various work orders, and each

time they stated that they would check on the status of the floor removal. The fam-

ily would never hear back from Harbor Bay. Later independent testing revealed

the presence of mold beneath the floors.

100
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 104 of 218 PageID 104

381. After several hurricanes in the fall of 2024, Harbor Bay's storm assess-

ment teams noted leaks in the Kings' ceilings. Several months later, the ceilings

were painted over in several areas of the upstairs landing. Other places, like the

bathroom ceilings, were never repaired. Later independent testing revealed the

presence of mold.

382. On information and belief, the family came into contact with mold

from the sources in their Harbor Bay home.

383. The children developed persistent coughs, wheezing, and asthma-

like symptoms. C.K., who was two at the time, began suffering seizures. Illness

became a constant cycle: long-lasting colds, sinus infections, and breathing diffi-

culties that doctors tied to the environment. Major King endured constant head-

aches, colds, and breathing issues. Mr. King experienced sinus pressure, poor

sleep, and repeated sickness. Their son E.L.K. developed asthma. Their daughter

G.K. was often sick with coughs and colds. Their toddler twins, I.K. and E.D.K.,

suffered prolonged illnesses, with one twin, E.D.K., also developing asthma.

384. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

385. Throughout late 2024 and into 2025, the family submitted repeated

maintenance requests. They placed several phone calls directly to the Harbor Bay

101
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 105 of 218 PageID 105

maintenance office to submit work orders, but they later found out that these re-

quests could not be located.

386. On August 18, 2025, an inspection by an independent mold assessor,

hired by the family, documented visible mold spots on ceilings, vents, and floor-

ing. Testing showed millions of spores of toxic mold throughout the home, includ-

ing the HVAC system. On information and belief, this further spread toxic mold

throughout the home and caused the family to come into contact with the mold.

387. Unable to endure the conditions any longer, the family moved out of

base housing at the end of August 2025. By then, the damage was already done.

All seven family members had suffered respiratory illnesses, seizures, and long-

term medical consequences from exposure to mold and moisture inside their Har-

bor Bay house.

388. The King family incurred significant financial losses from moving

costs, off-base living expenses, medical expenses, and other costs related to the

mold contamination.

389. Despite this harm, the Kings received no reimbursement for their ex-

penses and were left to bear moving costs, off-based living expenses, and the emo-

tional strain of months spent in unsafe living conditions with 5 small sick children.

Instead of safe, habitable housing, the King family was forced to endure a year of

toxic exposure, neglect, and unfulfilled maintenance requests regarding life,

102
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 106 of 218 PageID 106

health, and safety issues in the home. For the Kings, the consequences have been

devastating.

Malone Family

390. Plaintiffs Katelyn Malone, her husband Staff Sergeant Albert Malone,

and their son C.M. moved into 2403 Enlisted Way in the Chevron Park neighbor-

hood at MacDill Air Force Base on June 23, 2021. Staff Sergeant Malone serves in

the United States Air Force. The Malone family signed a lease on May 25, 2021,

with AMC East Communities, LLC as the Owner and Michaels Management/Har-

bor Bay as the Property Manager. The lease provides that Florida law applies. In

2024, E.M. was born and joined the family at the Enlisted Way home.

391. During their move-in inspection, Ms. Malone noticed a puddle of wa-

ter by the back door and air circulation problems with the HVAC system. She

raised these issues directly to Geri Leto, Harbor Bay's Assistant Community Di-

rector, who assured her that she would have everything fixed before they moved

in, that the home would be inspected and safe for them, and that the family should

not worry. Relying on those assurances, the Malones moved their medically fragile

son, C.M., into the home.

392. Water intrusion problems began almost immediately. By July 2021,

the laundry room repeatedly flooded into the adjacent bedrooms, bathroom, and

hallway. Each time, Harbor Bay technician Vincent Williams insisted the problem

103
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 107 of 218 PageID 107

was the family's washing machine. After repeated flooding, Ms. Malone hired a

professional to inspect the machine, which confirmed it was functioning properly.

Despite this, Mr. Williams continued to blame their washer, even claiming that the

floors were made to not allow water underneath. Feeling she had no choice, Ms.

Malone purchased a brand-new washing machine, yet the flooding continued.

393. Harbor Bay replaced the flooring later that year, with the Malones still

present in the home. During that repair, Staff Sergeant Malone saw dark discolor-

ation under the floor planks, but the third-party flooring company hired by Har-

bor Bay insisted it was “just discoloration,” and they laid new flooring over the

visibly affected subfloor. On information and belief, this caused additional mold

spores to spread throughout the home, exposing the family to increased toxic

mold.

394. Multiple displacements followed in 2021. At one point, Mr. Williams

poured concrete outside the door to redirect water, but the leaks persisted during

heavy rains.

395. When Ms. Malone pointed out water damage on the walls, Harbor

Bay's former Environmental Supervisor, Clinton “Joe” Plum, dismissed it as “dirt”

and “dust,” telling the family they just needed to clean better.

396. By August 2022, visible growth appeared around the bathroom vent.

Once again, Mr. Plum told the family it was only “dust.” By July 2023, the growth

104
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 108 of 218 PageID 108

had spread further, but it was still dismissed by Harbor Bay. Finally, on August

19, 2024, after swabbing the area themselves and confirming mold growth through

an at-home testing kit, the Malones were displaced for over two weeks. During

this displacement, Harbor Bay attempted to house the family in temporary quar-

ters that were not ADA accessible, despite C.M.'s severe medical needs.

397. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

398. Throughout this period, both prior to and following the displacement,

C.M.'s health spiraled. Already medically complex with Kabuki syndrome, a con-

genital heart defect, and epilepsy, by late 2023 he began experiencing worsening

seizures. He struggled with unexplained illnesses, seizure-like activity at night,

and was placed back on nighttime pulse oximetry by a pulmonologist. The

nighttime monitor revealed multiple episodes of bradycardia and oxygen desatu-

ration without clear cause. Doctors diagnosed him with primary immunodefi-

ciency, and by 2024, he was sick nearly twice a month with persistent respiratory

infections, frequent emergency room visits, and unexplained rashes. One rash ap-

peared in May 2024, disappeared during a two-week trip to Boston, and returned

when the family came back to their Harbor Bay home. Since he is non-verbal, his

parents observed behavioral distress—head banging, screaming, and clutching his

head—which they now believe were signs of headaches.

105
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 109 of 218 PageID 109

399. The Malones' daughter, E.M., born in March 2024, also showed con-

cerning symptoms within weeks of coming home from the hospital. She developed

a full-body rash, eczema, and persistent congestion. Since the family's move out of

base housing, her rash has cleared, and the eczema is improving.

400. Ms. Malone developed migraines, fatigue, sinus problems, and de-

pression. Staff Sergeant Malone experienced extreme fatigue, skin rashes, mi-

graines, and anxiety that improved only after leaving MacDill housing. Even their

pets fell ill inside the home.

401. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

402. The Malones moved out on December 19, 2024. Only then did they

discover the full extent of contamination—visible mold behind furniture, on and

in medical storage, and personal belongings.

403. The Malone family incurred significant financial losses from discard-

ing mold-contaminated clothing, rugs, and other property, medical expenses, and

costs related to relocation.

404. They were forced to discard clothing, rugs, and other property, and

they remain fearful that contaminated items they could not replace may still en-

danger their children. Instead of the safe, habitable housing that was promised,

106
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 110 of 218 PageID 110

the Malone family endured repeated flooding, years of toxic mold exposure, dis-

placements into unsuitable housing, and lasting medical, financial, and emotional

harm due to Defendants' neglect and misrepresentation.

Martin Family

405. Plaintiffs Staff Sergeant Robert Martin, his wife Joy Martin, and their

children N.B., R.B., T.B., H.J., and D.M. moved into 2031 Sentry Point Drive in the

Freedom Cove neighborhood at MacDill Air Force Base on January 16, 2023. Staff

Sergeant Martin serves in the United States Army. The Martin family signed a

lease with AMC East Communities, LLC as the Owner, and Harbor Bay Manage-

ment Services, Inc. as the Property Manager. The lease provides that Florida law

applies.

406. On April 23, 2024, Staff Sergeant Martin placed a work order request

for a growing dark spot on the stairwell where the wall meets the ceiling. Harbor

Bay maintenance technician Gamalier Robles (“Gumby”) visited the home to view

the spot and told Staff Sergeant Martin that it was not anything to worry about.

Unbeknownst to Staff Sergeant Martin at the time, Harbor Bay closed this work

ticket, only later to reopen the ticket and mark it as “fixed” during hurricane re-

pairs which occurred in late summer 2024.

407. After two back-to-back hurricanes impacting Tampa, the Martin fam-

ily returned home on October 11, 2024. When walking into the home, Staff

107
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 111 of 218 PageID 111

Sergeant Martin noticed water damage and extensive mold growth throughout

the second floor of the family home. He called Harbor Bay over the next 48 hours,

but his calls were left unanswered for several days. When Harbor Bay finally did

respond, it displaced the family of seven into a one-bedroom TLF unit on base.

They were not moved to a two-bedroom TLF until December 5, 2024, less than two

weeks before they would return home on December 18, 2024.

408. When the Martin family returned home, they found personal items

missing and several areas of the home that had water damage and mold growth

when they left were simply painted over or not repaired.

409. Staff Sergeant Martin emailed The Michaels Organization noting the

ongoing mold problem. On January 25, 2025, another vendor came to fix the mold

problem. However, the vendor merely sprayed the area with some chemicals and

then scrubbed it. This is not proper mold remediation.

410. On information and belief, the family came into contact with mold

from the sources in their Harbor Bay home.

411. Throughout this period, the family experienced symptoms includ-

ing persistent cough, congestion, sinus pressure and headaches, fatigue, and cog-

nitive fog. The family sought medical attention for themselves and the children.

412. On June 24, 2025, an independent mold inspector hired by the family

assessed and tested the Martin family's home. The results showed that the mold

108
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 112 of 218 PageID 112

was extensive, especially in the HVAC system, which was spreading contami-

nated air throughout the home and causing the family to come into contact with

toxic mold.

413. In June 2025, Staff Sergeant Martin received a work order history of

the home. There was a work order for December 12, 2024, that stated, “Mold

growth in 3 of the 4 bedrooms, upstairs hallway, and children's bathroom. Resi-

dent advised to keep areas well-ventilated and avoid direct contact with mold.”

However, on December 12, 2024, the family was still located in their TLF unit. The

maintenance history showed work that was never done. The growing dark spot

work order that he had placed in April 2024 had a note that stated, “cleaned area

of concern,” but no cleaning occurred.

414. On July 22, 2025, after receiving the results of his independ-

ent mold testing, Staff Sergeant Martin emailed Harbor Bay about the inspec-

tor's findings. Harbor Bay's Community Director, Candace Rosalez sent

an email stating that she would schedule a thorough cleaning and inspection of

the HVAC and duct system.

415. On July 23, 2025, Harbor Bay hired InDepth Environmental (IDE),

Florida-licensed mold assessor R. Lane Middleton, to complete a visual inspection.

The inspector observed water staining around supply vents, elevated moisture

and moisture damage at the air-handler deck consistent with condensate overflow,

109
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 113 of 218 PageID 113

condensation at a bathroom vent indicating attic infiltration, and suspect mold

growth inside the air handler and supply plenum.

416. Mike Whitman, Harbor Bay's Environmental Supervisor, emailed

Staff Sergeant Martin on August 7, 2025. In the email, he provided the InDepth

report and listed work that would need to be done in the home. This work in-

cluded: drywall replacement in the dining room and storage room, air handler

deck removal and replacement, checking the boot and duct of the hallway bath-

room for air infiltration, checking the insulation in the attic for proper depth, and

removing water-stained areas of the mechanical closet wall. The email from Mr.

Whitman stated that he expected those actions to take no more than two weeks to

complete. Staff Sergeant Martin relocated his family to a hospitality suite on the

base on September 1, 2025, and they are still currently displaced.

417. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

418. The Martin family incurred significant financial losses from the loss

of personal property, displacement costs, medical expenses, and other costs re-

lated to the mold contamination.

419. The Martins were denied the safe and habitable housing they ex-

pected. Instead, they faced constant leaks, repeated displacement, contact with

110
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 114 of 218 PageID 114

toxic mold, and damage to their personal property. But the harm went beyond the

loss of belongings. The theft the family endured was also of the peace, comfort,

and joy a home should bring. Having their private and personal possessions vio-

lated left them feeling betrayed in the very place they should have been most se-

cure.

Moran Family

420. Plaintiffs Sergeant Major Grant Moran, his wife Ashley, and their chil-

dren E.M., M.M., G.M., and C.M. moved into 1733 Billy Mitchell Loop in the Lib-

erty Cove neighborhood at MacDill Air Force Base on June 28, 2023. Sergeant Ma-

jor Moran serves in the United States Marine Corps. The Moran family signed a

lease with AMC East Communities, LLC as the Owner, and Harbor Bay Manage-

ment Services, Inc. as the Property Manager. The lease provides that Florida law

applies.

421. Within weeks of moving in, water and mold conditions emerged. On

August 1, 2023, the downstairs powder-room ceiling was wet. Ms. Moran submit-

ted a work order, and Harbor Bay maintenance told her that Kylee Kirby, Harbor

Bay's Environmental Supervisor, needed to inspect the ceiling. Ms. Kirby verified

the moisture, suggested the source could be the roof, and said she would schedule

a third-party roofing vendor to inspect. Roughly two weeks later, the roofing

111
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 115 of 218 PageID 115

vendor came but determined the roof was not the source of the moisture, and the

work order was closed.

422. By August 22, 2023, the same ceiling showed more water damage. Ms.

Moran reopened the work order, but the process started over. Ms. Kirby returned

and used a “special cleaner,” dismissing the condition as “dust,” leaving the prob-

lem unresolved.

423. Following a hurricane evacuation, the growth worsened on October

2, 2023, spreading beyond the area that was previously “cleaned.” It was later de-

termined that the cause of the ceiling moisture was actually from ductwork. In

December 2023, the family was displaced so the entire HVAC system and duct-

work could be replaced. The family returned home roughly two weeks later.

424. On August 18, 2024, water was dripping from the first-floor bathroom

exhaust fan. Ms. Moran spoke with a Project Manager for Harbor Bay, Aaron

Vaughn, who had a third-party company cut out the ceiling in the half-bathroom,

place the material in a trash bag, and walk it through the home. On information

and belief, this spread additional mold throughout the house and caused the fam-

ily to come into contact with it.

425. As the repairs continued, the third-party company determined the

ductwork on the second floor was in fact not replaced in December 2023 as Harbor

112
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 116 of 218 PageID 116

Bay had claimed, and was creating condensation that dripped down to the first

floor and soaked the ceiling.

426. A short time later, a storm caused water damage to the corner of the

garage ceiling. Harbor Bay technicians cut out a large portion of the garage ceiling

and let it dry for several weeks before replacing it. This did not solve the problem.

The cause of the leak was never determined, and the leak continued until the fam-

ily moved from the home.

427. After evacuating for Hurricane Milton in October 2024, the family re-

turned to find dark spots that resembled mold on the kitchen ceiling. Ms. Moran

submitted a work order, and a Harbor Bay technician covered the area with what

looked like plastic wrap. The plastic only accelerated the mold growth, and soon

the ceiling underneath was black. Although the spot was later remediated, the wet

moldy material was carried out of the home without proper containment. On in-

formation and belief, this caused additional mold spores to spread throughout the

home, exposing the family to toxic mold.

428. Ms. Moran placed a work order complaining that the entire eastern

wall of the home was wet, including in the children's bedrooms and kitchen. Water

was trapped between the drywall and paint. Harbor Bay had already sent a mass

email stating that teams would complete post-hurricane moisture mapping, but it

took weeks before the Moran home was addressed.

113
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 117 of 218 PageID 117

429. A few weeks later, Harbor Bay hired a new vendor, who came to the

home and completed moisture mapping yet again. They determined that all of the

drywall in the kitchen, along with all the cabinets, needed to be removed. In addi-

tion, the upstairs drywall needed to be removed from the girls' room, the boys'

room, and part of the hallway. In January 2025, Mr. Vaughn contacted Ms. Moran

to schedule repairs. She agreed, but she never heard from him again.

430. The family later hired an independent mold inspector, who inspected

and tested the home's HVAC system. Results showed millions of spores in the

system, which contaminated the entire home and exposed the family to toxic mold.

The inspector also noted that the HVAC unit had been installed in 2019—contra-

dicting Harbor Bay's December 2023 claim that the unit had been replaced during

that remediation. The Morans moved out of the home in May 2025. Two days later,

Vincent Williams, Harbor Bay's Maintenance Supervisor, called to schedule re-

pairs. Ms. Moran had to inform Harbor Bay's own supervisor that they no longer

lived in the home.

431. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

432. Sergeant Major Moran experienced irritability, difficulty breathing,

and headaches. Ms. Moran suffered anxiety, depression, headaches, prolonged

pneumonia, excessive bruising, and dizziness. E.M. developed increased

114
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 118 of 218 PageID 118

headaches. C.M. had bloody noses, cough, and skin issues. M.M. had cough and

skin issues. G.M. experienced increased aggression and difficulty sleeping.

433. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

434. The Moran family incurred significant financial losses from the loss

of personal property, displacement costs, medical expenses, and other costs re-

lated to the mold contamination.

435. Instead of the safe, habitable housing they expected, the Morans en-

dured repeated water intrusions, mold growth, piecemeal and unfinished repairs,

and displacement, resulting in significant health impacts, loss of personal property

and the loss of feeling safe in their own home.

O’Day Family

436. Plaintiffs Technical Sergeant Kasey Lee O'Day, his wife April, and

their three children—A.O., I.O., and J.O.—moved into 8428 Fortress Drive in the

Freedom Cove neighborhood at MacDill Air Force Base on July 21, 2022. Technical

Sergeant O'Day is retired from the United States Air Force. The O'Day family

signed a lease with AMC East Communities, LLC as the Owner, and Harbor Bay

Management Services, Inc. as the Property Manager. The lease provides that Flor-

ida law applies.

115
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 119 of 218 PageID 119

437. Before moving in, the family was provided a seven-year maintenance

history for the home. After seeing on the news that mold had been an issue in

MacDill housing, they wanted to view the history of the home. After reviewing

the history and seeing nothing of concern, they relied on the seven-year history as

accurate.

438. However, a later Freedom of Information Act (FOIA) request for Mac-

Dill maintenance histories would reveal that the home had undergone extensive

work in March and April 2021, none of which was reported to the O’Days or re-

flected on the seven-year maintenance history. These FOIA records indicate that

repairs had been performed in the kitchen, dining room, and laundry room. The

FOIA records also documented water staining under the washer hookup, visible

mold growth on the closet tack strip, mold growth by the stairs, mold growth

around a stairwell light fixture, and new flooring installation. The records further

noted demolition of the floors, that the laundry room wall had been opened, and

that the firewall between the home and the neighboring unit contained gaps. The

records described mold growth around the attic access, worsening growth at the

stairwell light fixture, and directed the contractor to seal affected subfloors with

antimicrobial paint. They also noted that the attic access on the second floor was

not repaired. Despite these records, Harbor Bay's former Environmental Supervi-

sor, Clinton (Joe) Plum, stated this home passed the final cleaning inspection. Had

116
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 120 of 218 PageID 120

the O'Day family known this information, they would not have moved into the

home. Instead, they relied on Harbor Bay's representations and the seven-year

maintenance history provided.

439. In September 2022, the O’Days noticed a spot that they thought could

be mold coming through the paint. They submitted a work order on September 5,

2022. That same week, Harbor Bay's Environmental Supervisor, Kylee Kirby, came

to the house to assess the spot. She told them the spot was only paint seeping

through the new layer of paint, and she painted over it. The spot returned a month

later. When it reappeared a second time, the family placed a work order. Another

Harbor Bay maintenance supervisor returned to paint over the mold.

440. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

441. By November 10, 2022, Ms. O'Day developed persistent, chronic

headaches. Over time, both adults and all three children experienced chronic mi-

graines, fatigue, poor sleep, sinus and respiratory issues, and brain fog, all requir-

ing doctor visits.

442. In fall 2023, the home’s HVAC system leaked into the laundry room,

dining room, and living room. The O’Days called in an emergency work order,

and Harbor Bay pulled back the carpet, removed a section of padding, and placed

a fan in the area for no more than two days. The carpet was then reinstalled

117
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 121 of 218 PageID 121

without replacement or even new padding. After months of back-and-forth with

Harbor Bay, the family was finally displaced in March 2024. They lived in a hos-

pitality suite on base for about three weeks before returning home.

443. In January 2025, Harbor Bay sent vendors to assess visible mold in the

master bathroom shower. On or about March 3, 2025, Harbor Bay's “remediation”

consisted of scraping out caulk where mold was visible and re-caulking the

shower—a superficial repair that failed to address underlying moisture or nearby

growth.

444. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

445. The O'Day family incurred significant financial losses from medical

expenses, displacement costs, and other costs related to the mold contamination.

446. Instead of the safe, habitable housing they relied on, the O'Day family

endured years of water intrusion, visible mold, displacement, and significant

health impacts—all compounded by Harbor Bay's assurances that minimized and

misrepresented the true condition of the home.

Pagan Family

447. Plaintiffs Chief Warrant Officer 4 Edgardo Pagan, his wife Abigail Lu-

ciano, and their three children, S.L., E.L., and D.P.L., moved into 8420 Tampa Point

118
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 122 of 218 PageID 122

Boulevard in the Independence Park neighborhood at MacDill Air Force Base on

February 27, 2024. Chief Warrant Officer Pagan serves in the United States Army.

The Pagan family signed a lease with AMC East Communities, LLC as the Owner,

and Harbor Bay Management Services, Inc. as the Property Manager. The lease

provides that Florida law applies.

448. By the spring of 2025, troubling symptoms began to appear. All mem-

bers of the family were repeatedly sick with headaches, fatigue, rashes, eye irrita-

tion, memory issues, and respiratory problems.

449. Around this same time, Chief Warrant Officer Pagan noticed discol-

oration forming around the kitchen vent and the vents in both upstairs bathrooms.

Chief Warrant Officer Pagan requested that Harbor Bay service the HVAC system

and clean the ducts, but maintenance brushed aside his concerns and merely re-

placed the air filters.

450. In April 2025, CBG—a third-party vendor hired by Harbor Bay to per-

form hurricane-related repairs—canvassed the neighborhood to check whether

any damage still needed attention. When the team visited the Pagan home, Chief

Warrant Officer Pagan informed them he had no hurricane damage. Nevertheless,

the CBG team pointed out the discoloration around the vents, which Chief War-

rant Officer Pagan clarified was unrelated to the hurricanes. Despite his

119
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 123 of 218 PageID 123

statements, Harbor Bay and CBG classified the discoloration as “hurricane dam-

age” and displaced the family for “remediation.”

451. In June 2025, the Pagans were moved out of their home for two weeks

while CBG replaced drywall around the vents. Harbor Bay told the family that,

during this time, the HVAC system and ductwork would also be “cleaned.” Trust-

ing Harbor Bay's word, the Pagans returned after the two-week displacement be-

lieving their system had been properly remediated. On information and belief,

however, the so-called cleaning was not sufficient to kill mold, and the growing

mold colonies inside the HVAC and vents spread mold spores throughout the

home and directly exposed the family to contact with mold.

452. On August 8, 2025, an independent mold inspector, hired by the fam-

ily, performed mold testing. The results revealed severe contamination through-

out the home, including inside the HVAC system that Harbor Bay had supposedly

cleaned just two months earlier.

453. After reviewing the results showing unsafe levels of mold, the Pagan

family submitted their 30-day notice to Harbor Bay and prepared to move off base.

454. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

120
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 124 of 218 PageID 124

455. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

456. The Pagan family incurred significant financial losses from property

loss, moving costs, medical expenses, and other costs related to the mold contam-

ination.

457. The Pagan family's time at 8420 Tampa Point was marked by dishon-

esty, illness, and severe contamination. The family suffered severe emotional harm

as a result of their injuries. They endured repeated sickness, a needless displace-

ment, and now face property loss and moving costs—all consequences that could

have been avoided had Harbor Bay addressed their concerns truthfully and com-

petently.

Proveaux Family

458. Plaintiffs Lieutenant Erick Casey Proveaux, his wife Rachael, and

their two daughters, S.P. and A.P., moved into 8422 Tampa Point Boulevard in the

Independence Park neighborhood at MacDill Air Force Base on August 16, 2023,

and moved out on August 8, 2025. Lieutenant Proveaux serves in the United States

Coast Guard. The Proveaux family signed a lease with AMC East Communities,

LLC as the Owner, and Harbor Bay Management Services, Inc. as the Property

Manager. The lease provides that Florida law applies.

121
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 125 of 218 PageID 125

459. In the spring of 2024, Lieutenant Proveaux's health deteriorated. He

experienced episodes of dizziness, confusion, severe head pressure, ringing in the

ears, and blood-pressure spikes that led to multiple emergency room visits and a

three-day hospitalization, along with consultations with cardiology, neurology,

ENT, endocrinology, and other specialists. He ultimately underwent two sinus

surgeries and four sinus debridement procedures. During this period, their chil-

dren—one with asthma—developed persistent cough and congestion.

460. After back-to-back hurricanes in fall 2024, the home developed three

leaks in the ceiling. In October 2024, a vendor hired by Harbor Bay came to assess

the moisture and ceiling damage. They measured the ceiling spots with a moisture

meter, declared they were wet, and stated that if needed, someone would follow

up. They left, and since no one followed up, the family assumed everything was

fine.

461. In mid-June 2025, after noticing that a flimsy HVAC filter had been

installed, Lieutenant Proveaux inspected the system and found the air handler

covered in mold. He immediately contacted a third-party mold inspector recom-

mended by his neighbor and scheduled an inspection.

462. On June 23, 2025, the independent inspector tested and inspected the

home. Thick mold coated the entire HVAC system, and the home was deemed

“unfit for human occupancy.” On information and belief, the mold in the HVAC

122
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 126 of 218 PageID 126

unit further spread toxic spores throughout the home and caused the family to

come into contact with them.

463. Lieutenant Proveaux called Harbor Bay's emergency maintenance

line and reported that he needed the system checked and cleaned because it was

full of mold. On June 26, 2025, after receiving no response, he called again and was

told someone would call him back. No one did. On June 27, 2025, after a third call,

he requested to speak with a supervisor. He was finally told that Harbor Bay

maintenance workers would conduct an HVAC inspection. Lieutenant Proveaux

insisted it must be a third-party licensed professional, and Harbor Bay eventually

approved his request, sending a contractor named True North to the home.

464. On Monday, July 7, 2025, True North arrived to clean the HVAC. The

workers told Lieutenant Proveaux that as soon as they opened the panel, the smell

nearly knocked them off their feet. After finishing, the workers told Lieutenant

Proveaux that they tried their best, but it still needed an "acid wash." They also

asked if they could pray for him and his family. They spent nearly ten minutes

praying for the family's health.

465. On July 10, 2025, Lieutenant Proveaux met with Jonathan Ruffner

from the Military Housing Office to express his frustrations. Mr. Ruffner noted

that Harbor Bay's records showed a “Preventative Maintenance Inspection” had

been performed on the HVAC system on June 5, 2025. Lieutenant Proveaux

123
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 127 of 218 PageID 127

remembered that he had noticed a thin, inexpensive filter installed after he had

recently changed it for a more advanced one to help his daughter's allergies. Lieu-

tenant Proveaux observed the June 5 work order record on Mr. Ruffner's computer

and later emailed him requesting a copy. On July 11, 2025, Mr. Ruffner responded

by email, saying he could not provide it and that Lieutenant Proveaux would need

to request it directly from Harbor Bay.

466. That same day, July 11, 2025, Harbor Bay's Community Director, Can-

dace Rosalez, sent an email stating: “Harbor Bay has completed the maintenance

work, and your home is available for occupancy.”

467. On July 25, 2025, Lieutenant Proveaux went to the Harbor Bay leasing

office to speak with Ms. Rosalez, but she was not present. Instead, he spoke with

Geri Leto, the Assistant Community Director, and requested a copy of the work

order. The version he received was different from what he had seen on Mr. Ruff-

ner's computer weeks earlier. It no longer reflected a June 5, 2025, preventative

maintenance inspection for the HVAC, and notes had been added on July 17,

2025—one month and twelve days after the supposed inspection.

468. The Proveaux family moved out of base housing in early August 2025.

469. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

124
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 128 of 218 PageID 128

470. When in the Harbor Bay home, Lieutenant Proveaux suffered tachy-

cardia, bradycardia, sinus problems, and anxiety, and described it as the worst

year of his life. Ms. Proveaux experienced allergies and congestion. S.P. developed

asthma, allergies, and congestion, while A.P. experienced tachycardia, allergies,

and congestion.

471. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

472. The Proveaux family incurred significant financial losses from per-

sonal property damage, relocation expenses, medical expenses, and other costs re-

lated to the mold contamination.

473. Instead of safe, habitable housing after 21 years of military service to

the Nation, the Proveaux family endured a mold-contaminated HVAC, personal

property damage, relocation expenses, and altered maintenance records—all

while Harbor Bay told them their home was available for occupancy.

R. King Family

474. Plaintiffs Senior Airman Rulondo King, his wife Staff Sergeant Nicole

King, their children X.M. and Z.K., and Nicole's mother, Sandra Mohamed, moved

into 1801 Cabbage Court in the Heritage Cove neighborhood at MacDill Air Force

Base on July 1, 2023. Senior Airman King and Staff Sergeant King both serve in the

125
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 129 of 218 PageID 129

United States Air Force. The King family signed a lease with AMC East Commu-

nities, LLC as the Owner, and Harbor Bay Management Services, Inc. as the Prop-

erty Manager. The lease provides that Florida law applies.

475. On September 25, 2023, a leak occurred in the kitchen floor, and water

seeped under the flooring and into the living room. A work order was placed, and

a Harbor Bay maintenance technician was dispatched. The cause of the leak was

not determined until a week later, when it was traced to the refrigerator. Because

of the extensive water damage, Ms. Mohamed and the children were displaced to

a hospitality suite on the base. They returned home about ten days later, after re-

pairs to the floor were supposedly complete.

476. On June 17, 2024, Senior Airman King woke up to find maggots in the

center of his kitchen floor. Pest control sprayed but never determined the source.

That evening, Senior Airman King noticed a strong odor from beneath the floor,

but no source of the smell was found.

477. In September 2024, the family was evacuated for Hurricane Helene.

When they returned on September 28, 2024, they discovered their storage unit had

flooded, destroying clothing, electronics, decorations, and irreplaceable family

mementos. On October 12, 2024, following a second evacuation for Hurricane Mil-

ton, the Kings returned to find more damage and raw building materials exposed

under their stilted home. On October 18, 2024, Harbor Bay sent a mass email

126
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 130 of 218 PageID 130

stating that teams would be conducting moisture checks for hurricane damage.

The family's home was not tested until early November 2024. The Harbor Bay

maintenance technician found moisture, and on November 12, 2024, the family

received an email—copied to Kathryn Alvarez (Operations Coordinator), Julia

Williams (Turn Supervisor), and Geri Leto (Assistant Community Director)—in-

forming them that they would need to be displaced for repairs to moisture-dam-

aged areas.

478. Senior Airman King reached out to his First Sergeant to express con-

cern about mold. The family had begun to experience health issues, and no repairs

had been made. His chain of command reached out to the 6th Civil Engineering

Squadron on base. The following week, a Harbor Bay employee came to the home

and claimed that his moisture meter found no moisture.

479. On April 23, 2025, the family submitted a work order stating: “Resi-

dent is concerned about mold in the home, resident was supposed to be displaced.

Resident spouse is presenting health issues.” The next day, another Harbor Bay

employee checked for moisture and told them, “the attic is hot enough to dry up

the moisture and there is no mold.”

480. On August 14, 2025, the family hired an independent mold inspector,

who confirmed an extensive mold problem. After reviewing the findings, the fam-

ily went to Harbor Bay's office to request a move to another unit. Ms. Leto asked

127
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 131 of 218 PageID 131

them to share what the inspector had provided. Senior Airman King emailed pho-

tos from the inspection, but Ms. Leto responded that she had no work order on file

for mold. Senior Airman King then sent an email with a screenshot of the work

order history.

481. There was no response from Ms. Leto. On September 3, 2025, Harbor

Bay sent another technician, who again used only a moisture meter and did not

look or inspect for mold. In an email to Assistant Facilities Director Mike Whitman

on September 4, 2025, Senior Airman King noted that the technician was not

equipped to assess mold.

482. On September 10, 2025, after still hearing nothing, Senior Airman

King sent his independent mold results to Mr. Whitman. The results showed mil-

lions of spores of toxic mold in the HVAC, under the floors, and in the children's

bedrooms. On information and belief, the HVAC system spread mold throughout

the home and caused the family to come into contact with it.

483. After six more days of silence, Staff Sergeant King emailed Mr. Whit-

man on September 16, 2025, following up on the mold/moisture issue. She

stressed the urgency because of how sick the family had become. On September

17, 2025, Harbor Bay sent a third-party mold inspector, Lane Middleton of In-

Depth. Mr. Middleton conducted only a visual inspection and some moisture read-

ings. Mr. Whitman told the family he would update them with the findings. As of

128
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 132 of 218 PageID 132

the date of this filing, the King family remains in the home without answers from

Harbor Bay or InDepth.

484. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

485. As a result of prolonged exposure to unsafe housing, the family de-

veloped respiratory issues and allergies. Z.K. had breathing issues, and both he

and X.M. required doctor visits for frequent illnesses. Ms. Mohamed was forced to

care for the children in hazardous conditions while both parents were deployed.

486. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

487. The King family incurred significant financial losses from the loss of

personal belongings, including clothing, electronics, and treasured keepsakes, as

well as medical expenses and other costs related to the mold contamination.

488. Instead of safe and habitable housing, the King family endured re-

peated maintenance failures, water damage, displacement, and ongoing health

problems due to Defendants' neglect and misrepresentation.

Reynolds Family

489. Plaintiffs Senior Airman Ashton J. Reynolds, his wife Chelsea T.

Reynolds, and their sons B.R. and E.R. moved into 1811 Pitsenbarger Circle in the

129
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 133 of 218 PageID 133

Heritage Cove neighborhood at MacDill Air Force Base on March 24, 2020, and

lived there until February 26, 2025. Senior Airman Reynolds is retired from the

United States Air Force. The Reynolds family signed a lease on March 23, 2020,

with AMC East Communities, LLC as the Owner, and Harbor Bay Management

Services, Inc. as the Property Manager. The lease provides that Florida law applies.

490. Trouble began shortly after the family moved in. By August 7, 2020,

the family had already reported suspected black mold growth in the kitchen. They

also had repeated termite issues in the home. Harbor Bay eventually displaced

them to a hospitality suite on the base between November 9 and November 25,

2020, after high moisture readings were documented. During that remediation,

walls, flooring, and cabinets were replaced.

491. The following summer, new growth appeared. On August 10, 2021,

Harbor Bay's Environmental Supervisor, Kylee Kirby, came to the home after the

family reported suspected visible growth in the cabinets above the stove. She

simply wiped the area with a solution that she claimed, kills the mold and taped

around where she sprayed so that she could “seal in the liquid.” No further reme-

diation was performed.

492. When the ceiling showed recurring growth in April 2022, the family

asked Harbor Bay for mold testing. The request was denied. The family performed

their own testing which confirmed the presence of Cladosporium, Chaetomium,

130
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 134 of 218 PageID 134

and Aspergillus. Nevertheless, Harbor Bay's “moisture specialist,” Clinton (Joe)

Plum, told them it was “dirt from the attic.”

493. Only weeks later, on April 27–28, 2022, Harbor Bay misdiagnosed an

active leak in the utility closet as a water-heater failure. Harbor Bay replaced the

water heater unnecessarily while the real cause—a leaking dehumidifier—contin-

ued. Eventually, the family was displaced for a second remediation from June 17

through July 6, 2022, with the flooring being replaced yet again.

494. By 2024, roof and ceiling leaks were common. The kitchen range hood

began leaking during rain, and despite video evidence showing the leak during a

rainstorm, a technician closed the ticket as “range hood/filter dirty.” He replaced

the filter and blamed the family for never cleaning or replacing it. After months of

delays, Ms. Kirby finally arranged for a vendor to inspect the range hood on June

28, 2024. This inspection determined that the problem was a vent and shingle is-

sue. The vent and surrounding shingles were not replaced until July 9, 2024—

nearly 80 days after the issue was first reported. The next morning on June 29,

2024, Harbor Bay sent Ms. Kirby, who declared no mold remediation was needed

in the home.

495. After Hurricane Milton in October 2024, the pattern continued. When

the family returned from the mandatory evacuation, Harbor Bay reached out

131
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 135 of 218 PageID 135

claiming the home had “storm damage,” though the roof and ceiling issues had

been present for years.

496. Then, on November 11, 2024, Harbor Bay informed the family that

Michaels considered the Reynolds' staying in the home a “liability.” But despite

this admission, weeks passed with no meaningful follow-up. Phone calls and

emails went unanswered, or staff told the family that the system was down.

497. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

498. Between 2024 and 2025, Ms. Reynolds developed severe allergic and

respiratory symptoms including congestion, burning eyes and throat, and sleep

disruption, which later escalated into hives and tongue swelling. Healthcare pro-

viders documented mold exposure and elevated eosinophils. Senior Airman Reyn-

olds developed rashes, hives, and allergic rhinitis. Symptoms only improved after

they moved out—though some conditions still linger today.

499. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

500. The Reynolds family incurred significant financial losses from dam-

aged belongings, repeated displacements, medical expenses, and other costs re-

lated to the mold contamination.

132
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 136 of 218 PageID 136

501. After years of living at Harbor Bay, the Reynolds family was left with

damaged belongings, repeated displacements, and ongoing health issues. Instead

of providing safe and habitable housing, Harbor Bay subjected them to mold,

leaks, and inadequate remediation that failed to resolve the dangers inside their

home.

Sayre Family

502. Plaintiffs Technical Sergeant Michael James Sayre, his wife Patricia

Sayre, and their three children, N.S., H.S., and H.S., moved into 2029 Viper Drive

in the Independence Park neighborhood at MacDill Air Force Base on March 12,

2019. Technical Sergeant Sayre serves in the United States Air Force. The Sayre

family signed a lease on January 9, 2019, with AMC East Communities, LLC as

Owner and Harbor Bay/Michaels Management as the Property Manager. The

lease provides that Florida law applies.

503. In 2019, the Sayre family moved to MacDill for Ms. Sayre's specialized

medical care as part of the military's Exceptional Family Member Program

(EFMP). At the time, MacDill was an EFMP expedited base, meaning that the in-

stallation and medical facilities near the installation had appropriate support for

medically complex families.

133
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 137 of 218 PageID 137

504. The family's health declined drastically after moving into the home.

Their youngest son, H.S., was diagnosed with asthma shortly after moving into

the home. Within two years, his asthma was debilitating.

505. In early August 2024, Tropical Storm Debby damaged the family's

roof, and the home had water damage in two locations in and around the kitchen.

Within a day or two of the storm, the Harbor Bay maintenance team brought out

drying fans and placed them in the kitchen, but no other repairs were ever com-

pleted.

506. On September 11, 2024, Ms. Sayre saw mold in the living room, less

than three feet from one of the water damaged locations on the ceiling. The Sayres

visited the Harbor Bay maintenance office that day to inform them of the mold

and moisture. The Sayres informed Harbor Bay's then-Turn Supervisor, Julia Wil-

liams, that they were not staying in the home given their medical conditions. Ms.

Williams told the family she would have the Air Force Bioengineering Team visit

the home that day and confirm it was mold before the family could be displaced.

Ms. Sayre showed Ms. Williams photos confirming that it was mold and de-

manded to be relocated. Ms. Williams informed the family that they had no tem-

porary housing available on the base, so they would need to be displaced off base.

The Sayre family relocated to a hotel off base the following day. Communication

from Harbor Bay to the family regarding their home ceased.

134
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 138 of 218 PageID 138

507. Two weeks later, during mandatory Hurricane Helene evacuations

on September 25, 2024, Ms. Sayre was forced to relocate with all three children and

two dogs. Her husband was training in a different state.

508. After another round of evacuations due to Hurricane Milton in early

October 2024, the Sayres' youngest child became extremely sick. Because of H.S.'s

progressive decline and worsening asthma, constant relocations, and a moldy

home, the Sayre family made the gut-wrenching decision to relocate their young-

est son, H.S., to his grandmother's home in Indiana.

509. After Hurricane Milton, the Sayres attempted to contact Harbor Bay's

Turn Supervisor, Ms. Willaims, to determine if anyone from Harbor Bay had as-

sessed their home for additional hurricane damage. During a post-hurricane in-

spection, a Harbor Bay employee told Ms. Sayre that she needed to get an insur-

ance adjuster to the home. The Sayres filed a claim with their insurance company

which was denied because Harbor Bay claimed there was no water intrusion from

the storm. However, there was, in fact, water intrusion into the Sayre home.

510. The hurricane's storm surge pushed water through the front door.

Since the Sayre family was displaced during a mandatory evacuation, Harbor Bay

was responsible for protecting the home during the storm and no sandbags were

placed at the Sayre home to prevent flooding. Damage to the home was severe.

135
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 139 of 218 PageID 139

There was water damage in the dining room, kitchen, living room, and in all the

bedrooms. Despite this damage, Harbor Bay never replaced the floors in the home.

511. In early October 2024 after Hurricane Helene, Lane Middleton from

InDepth Environmental came to the home to inspect the home and the family's

belongings. He told Ms. Sayre that the floors were of no concern because they were

on top of concrete. He also stated that mold would not grow on her couch. Ms.

Sayre asked him to please check the attic for mold, but he stated that the family

would be fine because mold would not grow in the attic.

512. Meanwhile, Technical Sergeant Sayre returned from his temporary

military assignment, and on October 23, 2024, the Sayre family, minus H.S., moved

to the hotel on base.

513. On November 1, 2024, the family moved back into the home, only to

discover continuing mold problems. Ms. Sayre was responsible for cleaning the

entire home that was covered in construction debris and dust. Personal belongings

were broken or missing. Containment was never established for the drywall re-

moval and, on information and belief, this spread additional mold throughout the

house.

514. On information and belief, the family came into contact with toxic

mold from sources in their Harbor Bay home.

136
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 140 of 218 PageID 140

515. Ms. Sayre, a cardiac patient with an implanted monitoring device, ex-

perienced an alarming increase in cardiac tachycardia and atrial fibrillation events

during the displacement period, rising from a baseline of twenty to thirty incidents

per month to ninety. She later contracted pneumonia, which was particularly dan-

gerous given her idiopathic intracranial hypertension, as pneumonia can cause an

increase in cranial pressure. Technical Sergeant Sayre developed pneumonia as

well. Their son H.S., already diagnosed with life-threatening asthma, suffered se-

vere respiratory responses before relocating to Indiana. N.S. experienced mi-

graines.

516. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

517. The Sayre family incurred significant financial losses from displace-

ment costs, medical expenses, broken or missing personal belongings, and other

costs related to the mold contamination.

518. Instead of safe and habitable housing, the Sayre family endured re-

peated flooding, mold exposure, theft, and long-term medical consequences due

to Defendants' neglect, misrepresentation, and refusal to properly remediate their

home.

137
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 141 of 218 PageID 141

Shirk Family

519. Plaintiffs Sergeant Dustin L. Shirk, his wife Emily L. Shirk, and their

two daughters, S.D. and D.S., moved into their home at 2405 Tuskegee Court in

the Chevron Park neighborhood at MacDill Air Force Base on February 10, 2023.

Sergeant Shirk serves in the United States Army. The Shirk family signed a lease

with AMC East Communities, LLC as Owner and Harbor Bay/Michaels Manage-

ment as the Property Manager. The lease provides that Florida law applies.

520. The Shirks were given a seven-year maintenance history for their

home. They relied on this document, which turned out to be missing entries for

mold treatments.

521. On May 15, 2023, the bathroom floor began filling with water due to

a drain failure connected to the HVAC unit. After that flood, health issues for the

family started to appear. D.S. required medical testing, emergency room visits,

several hospitalizations, and a PICU stay in August 2023. S.D. had psychiatric test-

ing and was diagnosed with autism and anxiety.

522. In early September 2023, during S.D.'s well-child visit, she was noted

as having sleep problems, chronic rhinitis, escalating behavioral issues, and nasal

issues, and was put on Zyrtec. On September 22, 2023, S.D. was back at the doctor's

office with a cough, congestion, and sore throat. That same day, Ms. Shirk was

diagnosed with postural orthostatic tachycardia syndrome (POTS) and orthostatic

138
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 142 of 218 PageID 142

hypotension after a visit to a cardiologist. On or around October 13, 2023, S.D. had

a visit with her primary care doctor who diagnosed her with sleeping issues, eat-

ing issues, and nasal congestion and started her on sleep medication. Four days

later, D.S. was sick with a respiratory infection. Three days after that visit, mold

was found around the ceiling fan in D.S.'s bedroom.

523. In late October 2023, Ms. Shirk placed a work order for the mold

found around her daughter's ceiling fan. When speaking with a neighbor, Ms.

Shirk found out that the previous tenant in the home had mold in the very same

spot, around the same ceiling fan, in the same room. This was missing from the

seven-year history.

524. By October 31, 2023, ServiceMaster, a contractor hired by Harbor Bay,

was called to the home for the mold in D.S.'s bedroom. The technician told Ms.

Shirk that there was mold covering the vent on the attic side. He also stated that

she should get her kids out of the home immediately. After the ServiceMaster em-

ployee left, Ms. Shirk called Harbor Bay, and the family was displaced to a TLF

unit on base.

525. The family returned home on November 14, 2023.

526. The ServiceMaster report showed mold, water damage, and a previ-

ous roof leak. However, the seven-year history that they were provided before

they moved in did not have any roof repairs listed.

139
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 143 of 218 PageID 143

527. On November 29, 2023, mold was found on the door and frame lead-

ing from the master bedroom to the bathroom. On November 30, 2023, Kylee

Kirby, Harbor Bay's Environmental Supervisor, “cleaned” the door and said it was

“just dust,” and that mold cannot grow on metal. On December 6, 2023, USAF

Bioenvironmental Engineering report confirmed elevated CO2 levels at the home.

528. On October 12, 2024, the Shirks returned from a hurricane evacuation

to find mold in the laundry room vent, as well as water damage in D.S.'s bedroom,

the laundry room, and the garage. The roof was also damaged.

529. On November 6, 2024, Sergeant Shirk emailed Vincent Williams, Har-

bor Bay's Maintenance Supervisor, to reiterate that his daughter was still immun-

ocompromised due to her medical conditions and wanted to check on the status

of the pending repairs. On November 15, 2024, an email sent to Sergeant Shirk

from the hurricane response team noted that the home had been designated as

needing “minor repairs.” However, the email indicated that high moisture had

been found in many of the rooms. The email did not provide a start date for re-

pairs.

530. More than a month after the hurricane, the repairs were finally

started. By that time, many materials that had been wet were mold contaminated.

On information and belief, given the length of time the walls and insulation had

140
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 144 of 218 PageID 144

remained wet, any work done in the home without proper containment further

spread mold spores throughout the home.

531. S.D. had difficulty breathing and had to make several emergency

room visits. She received a pulmonary referral and was prescribed a rescue in-

haler.

532. The Shirk family was displaced on December 20, 2024, more than two

months after Hurricane Milton saturated their home.

533. The family was not able to return home until February 26, 2025. When

they returned, there was mold in the dishwasher.

534. In March 2025, Sergeant Shirk had sinus surgery. The doctor noted a

2-centimeter cyst was removed.

535. On June 23, 2025, the Shirk family had an independent mold inspector

assess and test the home for mold. He deemed the home “unfit for human occu-

pancy” because of the amount of mold within the home and the HVAC system.

536. The Shirk family placed a work order request with Harbor Bay re-

garding the independent inspector's findings. A Harbor Bay maintenance techni-

cian came to the home that day to look for mold growth in the HVAC unit. The

family was concerned after the technician inaccurately claimed that it was clean.

Sergeant Shirk had photos of the HVAC's insulated panel, riddled with mold.

141
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 145 of 218 PageID 145

537. By June 24, 2025, the Shirks were told displacement was necessary.

The family was locked out of their home on June 26, 2025, despite prior agreements

to maintain access until July 1, 2025. The Shirks decided to move off base.

538. On information and belief, the family came into contact with mold

from the sources in their Harbor Bay home.

539. The Shirks endured an unrelenting cycle of sickness, emergency care,

and devastating diagnoses.

540. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

541. The Shirk family incurred significant financial losses from medical ex-

penses, replacement of mold-contaminated household items, and costs related to

moving off base.

542. Together, the Shirks endured an unrelenting cycle of sickness, emer-

gency care, and devastating diagnoses. Their days were consumed with medical

appointments, their nights with fear and exhaustion. The home they trusted to

keep them safe instead stripped them of health, peace, and stability. These injuries

caused them extreme emotional distress. They were left in debt, with debilitating

medical diagnosis, and—betrayed by the very place that should have been their

refuge.

142
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 146 of 218 PageID 146

Thompson Family

543. Plaintiffs Mikayla Thompson and her children, D.T. and L.T., moved

into 8405 Renner Court in the Heritage Cove neighborhood at MacDill Air Force

Base on October 16, 2020, and lived there until January 21, 2025. The Thompson

family signed a lease with AMC East Communities, LLC as the Owner, and Har-

bor Bay Management Services, Inc. as the Property Manager. The lease provides

that Florida law applies.

544. Within months of moving in, the family began experiencing moisture

issues within the home. In March 2021, there was a leak from the laundry room

ceiling. Water leaked into the carport below and also into the hallway, closet, half

bathroom, and master bathroom. Clinton (Joe) Plum, Harbor Bay's Environmental

Supervisor, removed the carpet from the closet, which was not replaced until three

years later, leaving the subfloor exposed in the family home.

545. By September 23, 2021, an odor emanated from the peeling floors in

two downstairs bathrooms. Light switch plates were starting to detach from damp

walls, and water/mold staining appeared on the laundry-room ceiling. Mr. Plum

again reassured the family there was no mold, stating that the floors were normal

floating floors and that mold could not get under them.

546. In October 2021, Harbor Bay's third-party vendor replaced drywall in

the laundry room ceiling without addressing the source of the leak. They did not

143
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 147 of 218 PageID 147

contain the area as they pulled out moldy and wet drywall. On information and

belief, this further spread mold spores throughout the home and increased the

family's contact with toxic mold.

547. On May 12, 2022, Ms. Thompson found mold in her children's closet.

She called in a work order with Harbor Bay. When Kylee Kirby, Harbor Bay's En-

vironmental Supervisor, came to the home with a moisture meter, the readings

showed high moisture in the closet, and she mentioned installing a pass-through

vent. Ms. Kirby sprayed the mold with what she described as a “mold killer spray”

and told the family that everything was fine. Ms. Thompson called Harbor Bay at

least five times in 2023 to report a musty smell but work orders went missing or

were left unanswered.

548. Problems extended into 2023 and 2024, as the family's health wors-

ened and L.T. was diagnosed with asthma. On February 29, 2024, Harbor Bay

noted high moisture at the half-bath toilet, but nothing was done. On July 19, 2024,

staining reappeared on the same laundry-room ceiling that had leaked in 2021.

Vincent Williams, a Harbor Bay Maintenance Technician, told Ms. Thompson that

the smell was due to her not changing her air filters, which was inaccurate. He also

promised to perform “moisture mapping.” On August 23, 2024, a Harbor Bay ven-

dor, Brad B from GLL, confirmed elevated moisture in the laundry room.

144
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 148 of 218 PageID 148

549. Rather than remediate the mold, Mr. Williams stapled a plastic sheet

across the laundry-room ceiling on September 28, 2024, which trapped water and

accelerated mold growth. On information and belief, this toxic mold came into

contact with the family.

550. When Ms. Thompson pressed for remediation on a September 30,

2024 call, Kathryn Alvarez, Harbor Bay's Operations Coordinator, denied this re-

quest. Ms. Thompson immediately called the Resident Advocate employed by the

Government, William (Bobby) Farnand, and was only then offered hotel displace-

ment by Harbor Bay starting October 1, 2024.

551. On October 6, 2024, Ms. Thompson stopped by to check on the home,

and a member of one of Harbor Bay's third-party vendor teams told her privately

that the situation was really bad, and that he could smell mold as soon as he

walked into the home. Visible mold also grew in both downstairs bathrooms, the

upstairs hallway closet, and the hallway ceiling by the front door. By October 31,

2024, the entire first floor and subfloor had to be replaced due to mold growth. The

family returned to their home on November 8, 2024.

552. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

553. Ms. Thompson developed migraines, anxiety, hives/rashes, and

sleep disturbance. D.T. developed asthma with repeated pneumonia/bronchitis.

145
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 149 of 218 PageID 149

L.T. suffered chronic croup with stridor and episodes of pneumonia/bronchitis.

The family sought medical care and lost personal property to mold contamination.

554. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations, including severe marital distress.

555. The Thompson family incurred significant financial losses from med-

ical expenses, replacement of mold-contaminated personal property, and tempo-

rary housing costs.

556. Instead of safe, habitable military housing, the Thompson family en-

dured years of water intrusion, mold, displacement, property loss, and health

harms, capped by assurances that concealed or minimized the true condition of

the home.

Torres Family

557. Plaintiffs Technical Sergeant Juan C. Torres, his wife Yiseth Torres,

their children E.T. and E.T., and Yiseth's father, Luis Jesus Rueda Prada, moved

into 8524 Levitow Street in the Heritage Cove neighborhood at MacDill Air Force

Base on April 16, 2021. Technical Sergeant Torres serves in the United States Air

Force. The Torres family signed a lease on March 9, 2021, with AMC East Commu-

nities, LLC as Owner and Harbor Bay/Michaels Management as the Property

Manager. The lease provides that Florida law applies.

146
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 150 of 218 PageID 150

558. From the beginning, the family experienced humidity and water

damage. On October 1, 2021, Technical Sergeant Torres submitted a work order

for excessively high humidity and mold concerns. Harbor Bay's Environmental

Supervisor, Kylee Kirby, came out to the home and dismissed the concern as “just

dust.” She never addressed the humidity levels and left without further action.

559. Humidity continued to plague the home. Each time a Harbor Bay

maintenance worker visited for unrelated issues, Technical Sergeant Torres raised

the concern again. On November 15, 2022, Technical Sergeant Torres submitted

another work order, reporting that after a lightning strike, water was leaking from

the roof onto the left-hand side of the kitchen sink. A Harbor Bay technician came

out but insisted everything was fine, and no follow-up was ever provided.

560. After two hurricanes impacted Tampa and MacDill in fall 2024, the

home sustained water damage in the living room. Harbor Bay or its contractors

cut open the ceiling and ran fans for roughly two weeks, then covered the holes

with plastic. The ceiling remained open, uncontained, and unrepaired until April

1, 2025. On information and belief, this caused the family to further come into con-

tact with mold.

561. On June 27, 2025, when Ms. Torres informed Harbor Bay of her illness,

the Customer Service Representative, Stephany Diaz, told her she was faking be-

ing sick.

147
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 151 of 218 PageID 151

562. By this point, the Torres family pressed Harbor Bay directly for an-

swers. On June 3, 2025, Community Director Candace Rosalez emailed acknowl-

edging their concerns and offering a home visit. On June 4, 2025, the Torres family

responded with detailed records: humidity readings between fifty to seventy per-

cent, prior work orders, and evidence that mold had been discovered during ceil-

ing repairs but never disclosed.

563. On June 8, 2025, Technical Sergeant Torres emailed Harbor Bay pho-

tos of petri dishes that had been placed in the home and showed mold growth.

The following day, June 9, 2025, he met with Mike Whitman, Harbor Bay's Assis-

tant Facility Director, who dismissed the tests, stating: “There is mold even in the

dust. If I leave a piece of bread out, it will start gathering mold.” Mr. Whitman

then offered the family a hospitality unit, but it too had mold growing out of the

vents.

564. Later that month, the Torres family hired a third-party mold inspec-

tor. Testing revealed extremely toxic levels of mold throughout the home, includ-

ing Stachybotrys—black mold—in the HVAC system. On information and belief,

the contaminated HVAC spread spores throughout the home, directly exposing

the family to contact with mold.

565. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

148
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 152 of 218 PageID 152

566. By November 4, 2024, everyone in the home was sick with persistent

coughs and fevers, later diagnosed as upper respiratory infections. Technical Ser-

geant Torres developed pneumonia with blood in his sputum, lasting from No-

vember 17, 2024, through January 5, 2025. Both children suffered from severe

coughs and recurring infections. Ms. Torres' migraines intensified through late

2024 into 2025, eventually requiring repeated emergency room visits and Botox

injections.

567. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations, including sleep disruption and severe stress.

568. The Torres family incurred significant financial losses from medical

expenses, discarded mold-contaminated belongings, and other costs related to the

mold contamination.

569. Instead of safe and livable housing, the Torres family endured years

of humidity, hidden mold, medical crises, and official dismissal, culminating in

documented admissions that Harbor Bay knew of mold and moisture problems

but failed to act. Their ordeal caused lasting physical, emotional, and financial

harm due to Defendants.

149
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 153 of 218 PageID 153

Travers Family

570. Plaintiffs Sergeant First Class Stephen Joseph Travers, Jr., his wife

Philomena Ryan Travers, and their son, S.T., moved into 1620 Billy Mitchell Loop

in the Heritage Cove neighborhood at MacDill Air Force Base on July 22, 2024.

Sergeant First Class Travers serves in the United States Army. The Travers family

signed a lease with AMC East Communities, LLC as the Owner and Harbor Bay

Management Services, Inc. as the Property Manager. The lease provides that Flor-

ida law applies.

571. After moving into the Harbor Bay home, in early 2025, the Travers

family began experiencing headaches and constant allergy symptoms. After hear-

ing neighbors discuss their own mold issues, the Traverses inspected their HVAC

system and were appalled by the amount of visible mold.

572. On April 11, 2025, Ms. Travers emailed Harbor Bay Maintenance re-

questing an inspection of her HVAC system. She also reported mold under her

sink. A Harbor Bay maintenance technician visited the home to review the con-

cerns and told her that someone would return the following Monday.

573. On April 14, 2025, another Harbor Bay technician examined the area

under the sink, confirmed that mold was present, and stated that the kitchen half

wall needed to be removed. Despite this, the work order was closed with no fol-

low-up or repairs completed. On information and belief, the family was exposed

150
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 154 of 218 PageID 154

to toxic mold both from their sink and through the air coming out of the HVAC.

On information and belief, this contact with toxic mold in their Harbor Bay home

caused the injuries described here.

574. When Ms. Travers followed up with Harbor Bay on April 29, 2025, a

technician photographed the mold in both areas and said duct cleaning was

needed. On May 1, 2025, a third-party vendor hired by Harbor Bay arrived and

performed the duct cleaning, but no containment was established inside the home.

On information and belief, this further spread mold spores throughout the home

and increased the family's exposure to toxic mold.

575. On May 12, 2025, Harbor Bay's Assistant Community Director Geri

Leto told the family that the work order for duct cleaning had been “completed”

by a vendor called True North and closed in April. That same day, Ms. Travers

replied that technicians had confirmed visible mold and a previous leak under the

sink, and that no remediation or next steps had been provided.

576. On June 23, 2025, an independent third-party mold inspector hired by

the family tested the Travers' home and found extreme levels of toxic mold in the

HVAC system. On information and belief, the contaminated HVAC system spread

mold spores throughout the home and directly exposed the family to toxic mold.

The Travers family moved off base in July 2025.

151
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 155 of 218 PageID 155

577. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

578. Ms. Travers experienced headaches, allergies, stress, sleep disturb-

ances, stomach issues, dry skin, and dry eyes. Sergeant First Class Travers re-

ported headaches, allergies, and sleep issues. Their son, S.T. III, suffered from ex-

treme allergies, breathing difficulties, sleep problems, eczema, coughing, sneez-

ing, congestion, and stomach issues. The family sought medical care and reported

disruptions to both work and family life.

579. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

580. The Travers family incurred significant financial losses from medical

expenses, off-base housing costs, and other expenses related to the mold contami-

nation.

Tyoe Family

581. Plaintiffs Airman First Class Tucker Tyoe, his wife Kayla Tyoe, and

their sons D.T. and E.T. moved into 7431 Chevron Park Drive in the Chevron Park

neighborhood at MacDill Air Force Base in October 2023 and lived there until Oc-

tober 2, 2024. They then moved to 2409 Tuskegee Court in the same neighborhood

on January 31, 2025, where they currently reside. Airman First Class Tyoe serves

152
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 156 of 218 PageID 156

in the United States Air Force. The Tyoe family signed leases with AMC East Com-

munities, LLC as the Owner, and Harbor Bay Management Services, Inc. as the

Property Manager. The lease provides that Florida law applies.

582. During their tenancy at 7431 Chevron Park Drive, the family experi-

enced numerous maintenance issues. In or around January 2024, mold began to

grow on the living room wall. When the family submitted work orders, Harbor

Bay sent several maintenance employees who looked at the mold and simply de-

nied that it was mold, before wiping it away. The family requested duct cleaning

to alleviate respiratory and allergy symptoms, but within a month the symptoms

returned. Ms. Tyoe and both children, who have severe mold allergies, were sick

with recurrent respiratory issues for 11 of the 12 months they lived in that home.

On information and belief, the lack of proper mold remediation in the HVAC sys-

tem and home caused the Tyoe family to come into contact with toxic mold and,

consequently, their health suffered.

583. After a year of mold growth, constant maintenance issues, and Har-

bor Bay's failure to provide safe housing accommodations for their special-needs

son, the Tyoe family moved off base. During the move-out process, they discov-

ered the walls and floors were incredibly soft and wet. The walls had the con-

sistency of paper, and they could poke their fingers through the drywall.

153
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 157 of 218 PageID 157

584. With rental prices off base extremely high for an Airman First Class,

and with an offer from Harbor Bay for an ADA-compliant home, the family re-

turned to base in January 2025. During the walkthrough, they were told the home

was freshly renovated, had new floors, and that the ducts had been freshly

cleaned. The Tyoe family relied on these assurances and moved their family into

the home.

585. Problems in the house began almost immediately. On February 25,

2025, Airman First Class Tyoe reported moisture in the ceiling. A Harbor Bay tech-

nician determined that there was moisture present and informed Airman First

Class Tyoe that someone would be in touch. However, roughly a week later, a

different, unknown Harbor Bay maintenance technician arrived unannounced to

retest for moisture. Ms. Tyoe observed him turn off his moisture meter before

reaching the spot in question; he then declared the spot dry. When she insisted

that he turn the machine back on and recheck the area, the meter beeped wildly,

indicating moisture.

586. In a March 11, 2025, text, Vincent Williams, Harbor Bay's Maintenance

Supervisor, told the family there was no moisture in the attic. Yet in April 2025, a

third-party vendor hired by Harbor Bay, CBG, tested the Tyoe home. They found

moisture in the attic and ceiling. CBG later determined mold was more wide-

spread than originally thought and recommended displacement. On April 25,

154
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 158 of 218 PageID 158

2025, the family was moved into a TLF unit. Around this time, a CBG employee

told Airman First Class Tyoe that he was not allowed to speak to residents or men-

tion mold. Mr. Williams also expressed frustration that Airman First Class Tyoe

had taken photos of the attic findings from CBG employees, saying he was not

allowed to have them.

587. On August 12, 2025, an independent mold inspector hired by the fam-

ily assessed and tested the home. Results showed millions of spores throughout

the home and HVAC system, and the home was deemed “unfit for human occu-

pancy.”

588. On August 19, 2025, it was discovered that during the prior displace-

ment, when the ceiling was repaired, the attic insulation had not been replaced.

This left the house unable to cool effectively, creating additional moisture prob-

lems.

589. The family was displaced again in the first week of September 2025.

Harbor Bay then sent a mold inspector from a contractor Clearity Environmental,

who did not take any samples or inspect the HVAC system. Instead, he only per-

formed limited moisture sampling. The “report” from that visit has not yet been

made available to the Tyoe family.

590. On information and belief, the family came into contact with mold

from sources in their Harbor Bay homes.

155
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 159 of 218 PageID 159

591. Ms. Tyoe suffered respiratory symptoms, allergies, sinus issues, and

a partially collapsed lung. Airman First Class Tyoe experienced congestion, fa-

tigue, and sleep problems. D.T. had frequent sinus issues, cough, and post-nasal

drip. E.T. struggled with respiratory problems, sinus infections, and sleep difficul-

ties. The family sought medical care, coped with ongoing allergies, canceled gath-

erings, and endured marital stress and repeated relocations—with no reimburse-

ment from Harbor Bay.

592. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay homes. This emotional harm has re-

sulted in physical manifestations.

593. The Tyoe family incurred significant financial losses from medical ex-

penses, temporary housing costs, replacement of mold-contaminated personal

property, and unreimbursed relocation expenses.

594. The family relied on Harbor Bay's statements, remained in unsafe

conditions, and suffered continuing harm. Instead of the safe, habitable housing

the Tyoe family expected and deserved, the Tyoe family endured mold and mois-

ture conditions, the loss of personal property, ineffective repairs, repeated dis-

placement, and significant physical and mental health impacts.

156
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 160 of 218 PageID 160

Vargas Family

595. Plaintiffs Sergeant Major George A. Vargas, his wife Emily Vargas,

and their son A.V., moved into 1707 Billy Mitchell Loop in the Liberty Cove neigh-

borhood at MacDill Air Force Base on June 21, 2021. Sergeant Major Vargas serves

in the United States Marine Corps. The Vargas family signed a lease with AMC

East Communities, LLC as Owner, and Harbor Bay Management Services, Inc. as

Property Manager. The lease provides that Florida law applies.

596. Not long after moving in, troubling signs of moisture and mold began

to appear. On July 16, 2021, the family submitted their first report of suspected

mold in the downstairs half bathroom. When Vincent Williams, a Harbor Bay

maintenance technician, came to the home, he dismissed their concerns, stating

that it was “just dirt.”

597. Throughout 2022, the family continued to report visible mold growth

and moisture issues. On April 29 and May 26, 2022, they raised concerns about

mold in the first-floor ductwork and bathroom exhaust fans. Both times, Harbor

Bay's response was to wipe down the area and insist that it was “nothing.” By June

26, 2022, water was seeping through the baseboards in the downstairs bathroom

and dining room from the outdoor utility closet. Harbor Bay's solution was to

spray a so-called “mold kill spray” behind the baseboards and reinstall them with-

out addressing the source.

157
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 161 of 218 PageID 161

598. By 2023, new complications aggravated the existing moisture and

mold problems. The kitchen sink repeatedly leaked, leaving mold beneath the cab-

inet. When Ms. Vargas pointed out the odor and staining, Harbor Bay's Environ-

mental Supervisor, Kylee Kirby, dismissed it as “just dirt” and told the family it

was nothing to worry about. Meanwhile, squirrels invaded the attic and roof, and

despite repeated complaints, the squirrel infestation persisted for over two years.

599. The family's work order history in 2024 and 2025 highlights constant

moisture and mold issues they encountered in their Harbor Bay home. On June 3

and June 5, 2024, water once again leaked through the bathroom and kitchen base-

boards. These leaks would occur on and off for months, but the only remedy Har-

bor Bay provided was to occasionally provide a dehumidifier. On August 5, 2024,

Ms. Vargas requested a mold inspection after seeing a vent drip water and mirrors

fogging up without the water running in the bathroom. A Harbor Bay technician

insisted this was “normal condensation,” though he also suggested a full home

duct replacement. The family was displaced from the first week of September

through the second week of October 2024. The Vargases returned home in October

2024, believing Harbor Bay had completed all necessary repairs.

600. By late March 2025, the Vargases sought an independent third-party

mold inspection. Testing confirmed severe mold contamination, including in the

158
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 162 of 218 PageID 162

HVAC system. On information and belief, the contaminated HVAC spread spores

throughout the home, exposing the family to contact with toxic mold.

601. Days later, the family placed another work order after noticing a

musty odor from the vents and visible mold growth inside the air handler coils.

Harbor Bay responded by hiring a third-party vendor to clean the ducts and coils.

No containment was used, and on information and belief, spores spread through-

out the home. The vendor admitted he struggled to clean the coils and could not

reach most areas.

602. Problems persisted. By August 2025, a water stain appeared in the

kitchen ceiling. Harbor Bay cut a 2'x2' hole in the ceiling and found a hole in the

ductwork. Esteban, Harbor Bay's lead HVAC worker, attempted to repair the

damaged duct with duct tape. Within weeks, the ductwork was leaking again,

leaving the family still waiting for a permanent solution more than a year after the

system was supposedly replaced.

603. Throughout their tenancy, Ms. Vargas recalls being told repeatedly

by Harbor Bay that staining was “dust” and odors were probably from cooking.

Maintenance tickets cycled between “completed,” “on hold,” or closed entirely,

while underlying conditions worsened.

604. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

159
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 163 of 218 PageID 163

605. Ms. Vargas was allergic to mold and suffered persistent illness and

infections during her time in the home. Sergeant Major Vargas's preexisting and

well-managed thyroid condition deteriorated until he required complete thyroid

removal. Their son, A.V., developed a constant cough and runny nose that only

improved when he was away from the home.

606. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

607. The Vargas family incurred significant financial losses from medical

expenses, property damage, and costs related to the mold contamination.

608. Instead of safe, habitable housing, the Vargas family endured years of

leaks, visible mold growth, rodent intrusion, and HVAC contamination. Harbor

Bay's dismissals and superficial fixes left them in unsafe conditions, resulting in

displacement, property damage, and lasting physical and mental health impacts.

Villa Family

609. Plaintiffs Master Sergeant Jeffrey Carinan Villa, his wife Elena, and

their children L.V. and K.V., moved into 1617 Billy Mitchell Loop in the Liberty

Cove neighborhood at MacDill Air Force Base on August 18, 2023. Master Sergeant

Villa serves as an Air Traffic Controller in the United States Air Force. The Villa

family signed a lease with AMC East Communities, LLC as Owner and Harbor

160
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 164 of 218 PageID 164

Bay Management Services, Inc. as Property Manager. The lease provides that Flor-

ida law applies.

610. Immediately upon moving in, Master Sergeant Villa developed ec-

zema/atopic dermatitis. As an Air Traffic Controller, Master Sergeant Villa cannot

take the eczema medications recommended by his civilian dermatologist because

he must maintain fly-status physical clearance. If he were to take the medication

he needs, he could be at risk of medical disqualification, leaving him no choice but

to endure his discomfort. The Villa family also noticed a musty odor in the home.

Master Sergeant Villa requested a mold inspection from Harbor Bay, but he never

received a response.

611. Within months, the Villas experienced water and HVAC failures in

their home. On May 6, 2024, they placed an emergency work order after their

HVAC closet flooded into the garage. The on-call technician vacuumed the water

but did not take moisture readings to determine the extent of the problem. The

flooding recurred on May 24, 2024, with the same response.

612. On September 5, 2024, water leaked from their son's nursery ceiling

light, soaking the carpet below. Master Sergeant Villa expressed concerns to

Kathryn Alvarez, Harbor Bay's Operations Coordinator, that it might be a roof

leak. However, Harbor Bay did not schedule a roof inspection, and the only

maintenance provided was when a Harbor Bay technician wiped the light fixture.

161
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 165 of 218 PageID 165

Once again, the technician did not perform moisture testing. On September 23,

2024, Master Sergeant Villa re-submitted a mold inspection request, but it later

showed as canceled in Harbor Bay's system.

613. After evacuating ahead of Hurricane Milton in October 2024, the fam-

ily returned to find water damage in the primary bedroom, with leaks dripping

onto their bed. On November 20, 2024, Harbor Bay contractors failed to conduct

scheduled repairs on the ceiling. When a vendor arrived a couple of weeks later,

he discovered extensive mold growth. The rest of the attic was never fully in-

spected, no remediation was provided, and the area was simply closed with new

drywall. On information and belief, these inadequate repairs did not prevent the

family from coming into contact with toxic mold.

614. Master Sergeant Villa later submitted another mold inspection re-

quest. A Harbor Bay maintenance technician told him that Harbor Bay would fol-

low up during the work week, and that his job on weekends was only to clean up

water. According to Harbor Bay's own policy, mold or moisture work orders are

considered emergencies and should be responded to within 24 hours.

615. In late May 2025, Harbor Bay technician Gamalier Robles arrived

without notice for preventative maintenance. He admitted his moisture meter

showed elevated moisture but claimed that his meter was “unreliable.”

162
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 166 of 218 PageID 166

616. On June 25, 2025, Resident Advocate William Farnand, MHO Director

Jon Ruffner, MHO Assistant Director Edwin Harris, and Harbor Bay Maintenance

Director Mike Whitman met at the home; moisture readings in the home exceeded

40%, and Mr. Whitman assured the family that repairs would follow. On June 26,

2025, Master Sergeant Villa retained an independent mold testing company which

confirmed that there was mold in the HVAC air handler, in the wall behind the air

handler, and possibly in the walls from prior HVAC leaks.

617. On July 1, 2025, Harbor Bay's third-party inspector—accompanied by

Mr. Whitman—again reported mold in the HVAC air handler, mold on ceiling

vents, and missing insulation above the primary bedroom. Harbor Bay displaced

the family overnight for HVAC and duct cleaning the next day.

618. On July 2, 2025, a contractor named Tyler cleaned ducts and parts of

the air handler, but he said that the evaporator coils still required an acid wash by

a certified technician. He stated he had taken photos and would include them in

his report. That same evening, at 6:10 p.m., Community Director Candace Rosalez

emailed the Villas that an industrial hygienist had cleared the HVAC for safe re-

entry. No clearance report or hygienist credentials were provided, no mention was

made of the untreated coils, and the family returned at 8:00 p.m. to find dust and

debris throughout the home. On information and belief, this process further

spread spores throughout the house, increasing the family's contact with mold.

163
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 167 of 218 PageID 167

619. By August 11, 2025, the Villa family sought another independent

third-party inspection. Testing confirmed severe mold contamination, including

in the HVAC system. On information and belief, the contaminated HVAC spread

spores throughout the home, directly exposing the family to mold. The family

moved out of the home later that month.

620. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

621. Master Sergeant Villa developed atopic dermatitis with eyelid swell-

ing, headaches, and fatigue. Elena Villa experienced nosebleeds and respiratory

symptoms. Their son L.V.'s on-base pediatrician, Dr. Wilke, issued a memo linking

probable mold exposure in the HVAC system and recommending elimination of

exposure.

622. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

623. The Villa family incurred significant financial losses from medical ex-

penses and other costs related to the mold contamination.

Walker Family

624. Plaintiffs Master Sergeant Michael Alexander Walker and his wife

Master Sergeant Kimberly Walker, and their children A.W. and E.W., moved into

164
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 168 of 218 PageID 168

1811 Billy Mitchell Loop in the Liberty Cove neighborhood at MacDill Air Force

Base on June 11, 2024. Both Master Sergeant Michael Walker and Master Sergeant

Kimberly Walker serve in the United States Air Force. The Walker family signed a

lease on May 21, 2024, with AMC East Communities, LLC as Owner, and Harbor

Bay Management Services, Inc. as Property Manager. The lease provides that Flor-

ida law applies.

625. Within three months, the home began showing serious water intru-

sion. On September 5, 2024, Master Sergeant Michael Walker submitted an online

work order after a bulge formed in the downstairs bathroom ceiling and began

leaking. Harbor Bay technician Ryan Fil came that same day, poked a hole in the

bulging ceiling, and placed a bucket to catch the water.

626. On August 12, 2025, the Walkers had an independent mold inspector

test the home. The inspection revealed that the HVAC system and most of the vent

registers were heavily contaminated with mold. On information and belief, the

contaminated HVAC system spread spores throughout the home, directly expos-

ing the family to toxic mold and causing the injuries described here.

627. On August 26, 2025, the Walkers placed a work order asking for

someone to come and address the mold in the HVAC. When no action was taken,

Master Sergeant Michael Walker personally went to the maintenance office on

September 2, 2025. Shortly thereafter, Mike Whitman, Harbor Bay's Assistant

165
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 169 of 218 PageID 169

Facilities Director, came to the home. After viewing the HVAC system, Mr. Whit-

man admitted that the situation was bad and ordered a cleaning.

628. On September 3, 2025, a contractor named Alvarez Plumbing & A/C

performed the HVAC cleaning while the family remained in the home without

proper mold containment. On information and belief, this process further spread

spores throughout the house, increasing the family's contact with mold. By the

next day, September 4, 2025, all four members of the Walker family were sick—

the children with runny noses, and both parents with sore throats.

629. On September 5, 2025, Harbor Bay contracted with another company

to clean the ductwork, again while the family remained in the home. On infor-

mation and belief, this second cleaning, also done without proper containment,

further spread mold contamination throughout the residence.

630. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

631. Master Sergeant Michael Walker developed chronic headaches, fa-

tigue, and insomnia. Master Sergeant Kimberly Walker experienced insomnia, de-

pression, anxiety, and respiratory allergic reactions. A.W. suffered recurring nose-

bleeds. Both children endured ongoing cold-like symptoms.

166
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 170 of 218 PageID 170

632. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has re-

sulted in physical manifestations.

633. The Walker family incurred significant financial losses from medical

expenses and other costs related to the mold contamination.

634. Rather than safe, habitable housing, the Walkers were subjected to

water damage, mold contamination, and preventable illnesses. Harbor Bay's dis-

missals and unsafe remediation practices left them in hazardous conditions that

compromised their health, stability, and peace of mind.

Wever Family

635. Plaintiffs Sergeant First Class Michael Wever, his wife Vanessa

Wever, and their three children, Brooklyn, K.W., and E.W., moved into 2055

McClelland Avenue in the Freedom Cove neighborhood at MacDill Air Force Base

on April 12, 2023. Sergeant First Class Wever serves in the United States Army.

The Wever family signed a lease with AMC East Communities, LLC as the Owner,

and Harbor Bay Management Services, Inc. as the Property Manager. The lease

provides that Florida law applies.

636. On February 2, 2025, the HVAC began leaking, soaking the carpet by

the staircase, and requiring an urgent repair call. A Harbor Bay maintenance tech-

nician arrived and left a blower fan to dry the wet subfloor. He stated that a

167
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 171 of 218 PageID 171

different technician would reach out the next day, and the work order was marked

“complete.”

637. On February 5, 2025, Julio Sosa, a Harbor Bay environmental techni-

cian, came out and said everything was fine, and that he would send a vendor to

replace the carpet padding. On February 6, 2025, Tevin Walton, an environmental

technician from Harbor Bay, came to check the moisture on the floor. Mr. Walton

said that the family should have also been given a dehumidifier, and he recom-

mended remediation. After Mr. Walton spoke to his supervisor, Mike Whitman,

Harbor Bay's Environmental Supervisor, he informed Vanessa Wever that only

padding replacement was needed. No further remediation occurred.

638. On Monday, February 17, 2025, the carpet padding was replaced.

Later that day, another HVAC leak soaked the carpet near the stairs. Another tech-

nician named Krem pulled up the newly placed padding. Vanessa Wever was not

provided blowers or fans, and she was told to keep her dehumidifier running. De-

spite these repeated incidents, Harbor Bay failed to fix the root cause of the HVAC

leak.

639. On February 25, 2025, Harbor Bay's third-party vendor Lane Middle-

ton from InDepth Environmental noted “suspected mold growth” in several

places in his Moisture Intrusion Report. This report was initially not provided to

168
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 172 of 218 PageID 172

the Wevers. The family learned of the findings weeks later when the Military

Housing Office (MHO) provided them with the documentation.

640. On March 5, 2025, the Wevers were displaced to a hospitality unit and

were ultimately offered a different home on the base. The address of the new home

was 1735 Billy Mitchell Loop in the Liberty Cove neighborhood.

641. That day, an email was sent to Vanessa Wever from Stephany Diaz, a

Harbor Bay Maintenance CSR, indicating that duct cleaning was complete. Ms.

Wever noted that this was not possible because no workers had entered her home.

Candace Rosalez, the Harbor Bay Community Director, admitted that this clean-

ing had not occurred.

642. Independent mold testing obtained by the family on March 22, 2025,

showed severely elevated mold levels throughout the home, including the HVAC,

subfloor, and other areas of the home.

643. On Tuesday, April 29, 2025, Ms. Rosalez informed the family that she

expected them to be able to move from their temporary housing into their new

home within two weeks. Based on this update, the Wevers went to 2055 McClel-

land Avenue, their original home, to pack, and found the floor wet, as the HVAC

had leaked again, soaking the subflooring, carpet, and vinyl.

169
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 173 of 218 PageID 173

644. On June 11, 2025, Ms. Rosalez notified Vanessa Wever that the new

Billy Mitchell home failed to pass inspection due to moisture in the ceiling of the

half bathroom. The ceiling was purportedly repaired before the Wevers moved.

645. On Friday, June 13, 2025, the Wevers signed the lease and took pos-

session of 1735 Billy Mitchell Loop. After noticing some mold on the HVAC, Ms.

Wever requested that her previous independent mold inspector return to test her

home. On August 14, 2025, the independent mold assessor tested the home's

HVAC and found it highly contaminated with toxic mold.

646. On information and belief, the toxic mold in the HVAC system spread

mold spores throughout the house, and the family came into contact with this toxic

mold.

647. On August 28, 2025, the Wevers left the home and MacDill Air Force

Base permanently.

648. On information and belief, the family came into contact with mold

from sources in their Harbor Bay homes.

649. Numerous HVAC leaks over the years created persistent moisture

conditions. Sergeant First Class Wever experienced trouble sleeping, brain fog,

and stress requiring medical treatment. Vanessa Wever endured sinus infections,

bronchitis, allergy-induced asthma, rashes, headaches, earaches, and persistent

coughing. Brooklyn Wever developed recurring rashes on her fingers, initially

170
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 174 of 218 PageID 174

mistaken for psoriasis, which subsided when the family left the home during hur-

ricanes and returned when she returned home. K.W. experienced allergies, colds,

and rashes on her hands. E.W. suffered from allergies and colds.

650. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay homes. This emotional harm has re-

sulted in physical manifestations, including anxiety, sleeplessness, and marital

strain.

651. The Wever family incurred significant financial losses from tempo-

rary housing costs, medical expenses, and replacement of mold-contaminated per-

sonal property.

652. Harbor Bay's behavior left the Wever family in dangerous conditions

and uncertain about the long-term impact on their health and stability.

Whittaker Family

653. Plaintiffs Senior Airman Thomas Whittaker, his wife Heather, and

their two young daughters, S.W. and E.W., moved into 7413 Chevron Park Drive

in the Chevron Park neighborhood at MacDill Air Force Base on August 5, 2024.

The Whittaker family signed a lease with AMC East Communities, LLC as the

Owner and Harbor Bay Management Services, Inc. as the Property Manager. The

lease provides that Florida law applies.

171
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 175 of 218 PageID 175

654. Within weeks of moving in, Heather Whittaker discovered mold in-

side the bathroom cabinets. When she called the Harbor Bay maintenance line, a

technician came to the home but stated someone else would need to inspect. De-

spite repeated calls, no one responded.

655. Ms. Whittaker went in person to the maintenance office, where an em-

ployee admitted that they were short-staffed and placed the family displaced until

early January 2025.

656. Their situation worsened when Hurricane Milton struck on October

9, 2024, damaging the roof of their home.

657. November 15, 2024, Ms. Whittaker returned to find the bathroom

cabinets had only been wiped down and still showed visible mold. When she

raised this with Harbor Bay's Environmental Supervisor Mike Whitman, he ad-

mitted he was unaware of the problem and claimed the work order had been

“lost.”

658. On December 11, 2024, Operations Coordinator Julia Williams told

Ms. Whittaker there was no estimated arrival date for a replacement bathroom

vanity but offered to replace their vanity with one from Harbor Bay's storage. The

next day, however, a visibly mold-contaminated vanity being delivered to their

home for installation. A third-party contractor remarked that a moldy vanity

would not be allowed in his house. During the same visit, the Whittakers

172
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 176 of 218 PageID 176

discovered mold inside the drywall. When Mr. Whitman came to complete a work

order, he removed only the small visible patch of mold.

659. When Harbor Bay told the family it was safe to return on January 6,

2025, their walkthrough revealed staples left in the walls, holes in the wall, and

musty odors. As they unpacked over the next two days, they found their belong-

ings contaminated curtains and a couch infested with mold, water trapped in pic-

ture frames, and pantry air thick with odor. On January 8, 2025, multiple Harbor

Bay representatives, advocates, and inspectors witnessed these damages firsthand.

660. Ms. Whittaker escalated the problems to Harbor Bay Assistant Com-

munity Director Geri Leto, who acknowledged the mold damage in her email but

failed to authorize the replacement of contaminated belongings.

661. On January 10, 2025, Mr. Whitman admitted the bathroom floor was

sinking and needed replacement. Contractors arrived unannounced the next

morning, tore out fixtures, and left the family without water.

662. By February 2025, mold was growing overnight on the family's

dishes. Mike Whitman responded to a February 21, 2025, work order for the pantry

odor and visible mold by saying that repairs would require three phases starting

on March 5, 2025.

663. While in their home, the Whittakers overheard a Harbor Bay contrac-

tor express concern to an unknown party on a phone call about the dishwasher

173
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 177 of 218 PageID 177

and cabinets and ask if they wanted him to fix it; he was told to simply put it back

together.

664. An independent mold inspection obtained by the family on March 22,

2025, revealed heavy contamination in the HVAC system and vent registers. On

information and belief, spores were spread throughout the home, causing the fam-

ily to come into contact with toxic mold.

665. On April 1, 2025, the hallway bathroom flooded, collapsing part of the

ceiling in the storage room beneath the home and soaking belongings with water

and insulation. Tevin Walton from Harbor Bay admitted that pipes and valves had

failed, and he told the family they would need to be displaced for four to five

weeks. With the Whittakers moving to their new duty assignment on May 22, 2025,

no relocation was ever arranged.

666. On information and belief, the family came into contact with mold

from sources in their Harbor Bay home.

667. As a result of their exposure to mold, Ms. Whittaker, Senior Airman

Whittaker, S.W., and E.W. all developed respiratory problems, with E.W. being

diagnosed with pneumonia requiring multiple doctor visits and inhalers.

668. The family is suffering from continuing emotional harm as a result of

their contact with mold in their Harbor Bay home. This emotional harm has

174
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 178 of 218 PageID 178

resulted in physical manifestations, including severe stress, anxiety, and sleepless-

ness during a critical relocation period for this military family.

669. The Whittaker family incurred significant financial losses from mold-

contaminated property, as well as medical expenses and temporary housing costs.

CAUSES OF ACTION

Count I: Breach of Contract

(by all Plaintiffs against Defendant AMC)

670. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668. as if fully set forth here at length.

671. Plaintiffs have or had valid leases with AMC. Under the leases, AMC

owed contractual obligations to Plaintiffs to provide and maintain habitable hous-

ing and remedy leaks, moisture, mold, and other issues.

672. Plaintiffs have complied with all obligations under the leases.

673. AMC failed to comply with the material terms of each lease by failing

to ensure the houses were fit for human habitation and by failing to timely and

adequately repair and remedy the conditions of the premises, even after Plaintiffs

reported the problems.

674. As direct and foreseeable results of AMC’s breaches, Plaintiffs suf-

fered physical, psychological, emotional, and financial harm.

675. As a direct and foreseeable result of AMC’s breaches, Plaintiffs suf-

fered substantial actual damages, including personal and property damages,

175
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 179 of 218 PageID 179

financial damages, damages that require medical monitoring, and attorney’s fees

and costs.

COUNT II: Negligence

(by all Plaintiffs against all Defendants)

676. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

677. Defendants owed a duty to Plaintiffs to exercise reasonable care in the

operation, management, maintenance, and repair of their homes at MacDill. De-

fendants negligently failed to meet the standard of care in performing those du-

ties.

678. As the property owner and lessor of Plaintiffs’ MacDill homes, AMC

owed Plaintiffs a duty to maintain their homes in a reasonably safe condition and

to remediate moisture, mold, and other dangerous conditions pursuant to a rea-

sonable standard of care.

679. As property manager for Plaintiffs’ MacDill homes, Defendants owed

a duty to Plaintiffs to maintain the premises in a reasonably safe condition and to

remediate moisture, mold, and other dangerous conditions pursuant to a reason-

able standard of care.

680. On information and belief, as the operators of Harbor Bay, which

managed and performed maintenance on the homes, Defendants owed a duty to

Plaintiffs to maintain the premises in a reasonably safe condition and to remediate

176
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 180 of 218 PageID 180

moisture, mold, and other dangerous conditions pursuant to a reasonable stand-

ard of care.

681. Defendants’ acts and omissions, as detailed in this Complaint, in per-

formance of their duties as Plaintiffs’ lessors, landlords, and property managers

fell far below the standard of care owed to Plaintiffs under Florida law.

682. Defendants’ acts and omissions breached the duty of reasonable care

owed to Plaintiffs by failing to ensure that Plaintiffs’ homes were safe and fit for

habitation.

683. Defendants breached the duty to exercise ordinary care, as detailed

previously in this Complaint, in multiple respects, including:

a) Defendants failed to remediate defects they knew, or reasonably

should have known, would cause moisture intrusion, elevated in-

door humidity, and microbial growth;

b) Defendants failed to reasonably repair and remediate issues related

to mold, moisture, and water leaks;

c) Defendants failed to adequately respond to Plaintiffs’ complaints re-

garding unsafe conditions in their homes;

d) Defendants failed to implement appropriate safety protocols to pro-

tect residents from toxic mold;

177
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 181 of 218 PageID 181

e) Defendants failed to properly install, maintain, or replace HVAC

systems;

f) Defendants knew or should have known of the hazardous condi-

tions in Plaintiffs’ homes and failed to take corrective action;

g) Defendants failed to warn Plaintiffs that they were being exposed to

toxic mold;

h) Defendants used untrained and unlicensed workers to repair and re-

mediate Plaintiffs’ homes;

i) Defendants knew or should have known that maintenance failures

had compromised the safety of Plaintiffs’ homes;

j) Defendants engaged in additional safety violations and breaches of

the duty of care to be determined upon discovery.

684. As a direct and proximate result of Defendants’ negligence, Plaintiffs

suffered substantial damage to their personal property, physical injuries, financial

harm, and damages that will require medical testing/monitoring, as well as severe

mental and emotional distress related to those physical injuries.

685. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

178
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 182 of 218 PageID 182

COUNT III: Gross Negligence

(by all Plaintiffs against all Defendants)

686. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

687. Defendants owed a duty to Plaintiffs to exercise reasonable care in the

operation, management, maintenance, and repair of their homes at MacDill. De-

fendants’ conduct fell grossly below the applicable standard of care. Moreover,

Defendants were recklessly indifferent to the consequences of their acts and omis-

sions and failed to demonstrate even the slight diligence that a reasonable landlord

or property manager would have exercised under the same or similar circum-

stances.

688. As the owner and lessor of Plaintiffs’ homes at MacDill Air Force

Base, AMC owed Plaintiffs a duty to maintain their homes in a reasonably safe

condition and to remediate moisture, mold, and other dangerous conditions pur-

suant to a reasonable standard of care.

689. As property manager for Plaintiffs’ homes at MacDill, Defendants

owed a duty to Plaintiffs to maintain the premises in a reasonably safe condition

and to remediate moisture, mold, and other dangerous conditions pursuant to a

reasonable standard of care.

690. On information and belief, as the operators of Harbor Bay, which

managed and performed maintenance on the homes, Defendants owed a duty to

179
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 183 of 218 PageID 183

Plaintiffs to maintain the premises in a reasonably safe condition and to remediate

moisture, mold, and other dangerous conditions pursuant to a reasonable stand-

ard of care.

691. Defendants were aware that circumstances in Plaintiffs’ homes con-

stituted an imminent or clear and present danger amounting to more than normal

or usual peril with tenants often complaining directly to Defendants’ employees

of mold and increasing illnesses.

692. Defendants’ acts and omissions, as detailed previously in this Com-

plaint, fell grossly below the standard of care owed to Plaintiffs, and exhibited a

conscious disregard for the consequences of their behavior, in multiple respects,

including:

a) Defendants failed to remediate defects that would cause moisture in-

trusion and microbial growth;

b) Defendants failed to reasonably repair and remediate residents’ com-

plaints of water leaks and mold;

c) Defendants failed to implement appropriate safety protocols to pro-

tect residents from toxic mold;

d) Defendants failed to respond timely to mold complaints;

e) Defendants failed to properly install, maintain, or replace HVAC sys-

tems;

180
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 184 of 218 PageID 184

f) Defendants knew or should have known of the hazardous conditions

in Plaintiffs’ homes and failed to take corrective action;

g) Defendants failed to warn Plaintiffs that they were being exposed to

toxic mold;

h) Defendants used untrained and unlicensed workers to repair and re-

mediate Plaintiffs’ home;

i) Defendants knew or should have known that maintenance failures

had compromised the safety of Plaintiffs’ homes;

j) Defendants engaged in additional safety violations and breaches of

the duty of care to be determined upon discovery.

693. Each of the Defendants’ reckless indifference to the rights of Plaintiffs

is the equivalent to an intentional violation of them.

694. As a direct and proximate result of Defendants’ gross negligence, the

Plaintiffs suffered substantial damage to their personal property, physical injuries,

financial harm, and damages that will require medical testing/monitoring, as well

as severe mental and emotional distress related to those physical injuries.

695. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

181
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 185 of 218 PageID 185

COUNT IV: Nuisance

(by all Plaintiffs against all Defendants)

696. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

697. Plaintiffs are, or during some or all of the pertinent times were, in

lawful possession of their homes as lessees of the owner AMC.

698. On information and belief, Defendants maintained Plaintiffs’ homes

under the name Harbor Bay.

699. Defendants are liable for engaging in intentional or negligent uses of

their property, through the acts of Harbor Bay and/or Defendants’ contractors,

vendors, or agents, that created a continuing condition at the Plaintiffs’ residences

which substantially and unreasonably interfered with Plaintiffs’ right to use and

enjoy those properties. Defendants’ conduct thereby caused a nuisance to the

Plaintiffs.

700. Defendants’ employees and contractors, on numerous occasions,

opened up walls and ceilings to remove mold, thereby exposing Plaintiffs to haz-

ardous substances. Defendants did so while Plaintiffs were living in their homes

and failed to implement proper remediation measures.

701. In many instances, Defendants’ employees or agents failed to set up

proper containment and therefore caused toxic mold to spread from hard-to-ac-

cess areas to parts of the home where families spent time.

182
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 186 of 218 PageID 186

702. Plaintiffs’ right to use and enjoy their properties has been impaired

by Defendants.

703. Defendants’ use of their property has been unreasonable and danger-

ous. Reasonable persons looking at Defendants’ conduct, the problems caused by

it, and the nature of the harm to Plaintiffs, would consider Defendants’ conduct

unreasonable.

704. Defendants knew or should have known that by creating and exacer-

bating the problems in Plaintiffs’ homes, they would substantially impair Plain-

tiffs’ health, use and enjoyment of their properties.

705. While knowing that practicable technologies and methods are availa-

ble to abate and/or contain mold and other unsafe, unhealthy, and hazardous con-

ditions at Plaintiffs’ homes without exacerbating those conditions, Defendants

failed to abate the nuisance.

706. Defendants’ conduct described above constitutes a series of recurring

abatable nuisances which Defendants failed to remedy within a reasonable time,

and for which Defendants are liable.

707. As direct and foreseeable results of the nuisances created and caused

by Defendant, Plaintiffs suffered physical, psychological, emotional, and financial

harm.

183
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 187 of 218 PageID 187

708. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

COUNT V: Negligent Infliction of Emotional Distress

(by all Plaintiffs against all Defendants)

709. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

710. By their acts and omissions, Defendants caused physical impacts and

injuries to Plaintiffs, which caused the Plaintiffs to suffer severe emotional distress,

including worry, anxiety, anguish, suffering, and grief.

711. Defendants knew or should have known that Plaintiffs’ homes were

unsafe to reside in, and that exposure to and contact with mold would inevitably

occur and cause harm if they did not act.

712. Defendants knew or should have known that their assurances that

Plaintiffs’ homes were safe and not infested with mold would cause Plaintiffs to

remain in those homes and suffer ongoing harm.

713. Defendants knew or should have known that their assurances that

they would repair Plaintiffs’ homes would cause Plaintiffs to remain in those

homes and suffer ongoing harm.

714. As a direct result of Defendants’ negligence and gross negligence,

Plaintiffs came into physical contact with mold.

184
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 188 of 218 PageID 188

715. Plaintiffs suffered severe emotional distress as a result of that un-

healthy and dangerous contact.

716. Many Plaintiffs suffered physical injury as a result of the emotional

distress.

717. Defendants are liable for the consequences that they knew or should

have known would occur because of their negligent conduct.

718. Plaintiffs have suffered, are suffering, and will continue to suffer se-

vere emotional distress and associated harms because of Defendants’ acts and

omissions.

719. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

Count VI: Intentional Infliction of Emotional Distress

(by all Plaintiffs against all Defendants)

720. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

721. Defendants intentionally and knowingly subjected Plaintiffs to hous-

ing conditions that were unsafe and unhealthy.

722. Defendants also recklessly misled Plaintiffs into moving into homes

that they knew were dangerous and unfit for human habitation. Defendants then

deceived many Plaintiffs into remaining in those homes by either convincing them
185
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 189 of 218 PageID 189

the dangers did not exist or by falsely claiming that they would eliminate those

dangers.

723. This intentional conduct, which subjected Plaintiffs to risk of serious

injury or injury over a prolonged period, was extreme and outrageous.

724. Defendants continued this behavior even as residents reported that

they were becoming ill. Defendants told families to move into homes even after

people in neighboring homes had reported that living in those homes caused them

to suffer grave illness. Defendants told families to remain in or return to their

homes despite knowing that doing so would put their health at serious risk.

725. Intentionally subjecting these families to such dangerous conditions

and taking actions to ensure their continued exposure, is beyond all possible

bounds of decency and intolerable in a civilized community.

726. This conduct caused severe emotional distress, as Plaintiffs suffered

serious injuries and watched their loved ones get sick, and eventually understood

that they were constantly in grave danger in their own homes.

727. Plaintiffs suffered emotional and physical harm due to their severe

emotional distress.

728. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

186
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 190 of 218 PageID 190

COUNT VII: Breach of the Warranty of Habitability

(by all Plaintiffs against Defendant AMC)

729. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

730. AMC breached express and implied warranties of habitability.

731. AMC owed Plaintiffs a duty to provide them with habitable living

conditions, under Fla. Stat. § 83.51, including but not limited to a duty to exercise

reasonable care in the operation, inspection, management, and maintenance of

Plaintiffs’ homes. AMC failed to meet the standard of care in performing those

duties. In their leases, AMC warranted that the housing it provided was safe, hab-

itable, and free from defects.

732. AMC failed to live up to its duty to inspect the Plaintiffs’ homes prior

to their moving in, in order to make necessary repairs, and transfer them to a rea-

sonably safe home.

733. After Plaintiffs moved in, AMC did not reasonably maintain the

homes to meet the ordinary and normal standards of fitness.

734. The presence of moisture and mold in Plaintiffs’ homes was a danger-

ous condition that AMC should have remediated.

735. As a result of AMC’s breach of the express and implied warranties of

habitability, Plaintiffs suffered substantial physical injuries and damage as well as

187
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 191 of 218 PageID 191

harm to their personal property and other financial harm. Plaintiffs also suffered

severe mental and emotional distress related to contact with toxic mold.

736. Plaintiffs suffered special damages and will require ongoing test-

ing/medical monitoring.

COUNT VIII: Third-Party Beneficiary Contract

(by all Plaintiffs against all Defendants)

737. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

738. Defendants are bound by their contracts with the Air Force respecting

MHPI housing at MacDill Air Force Base.

739. Each of those contracts was entered into to further the goal of the

MHPI to improve housing for service members.

740. The Operating Agreement entered originally into by AMC East, LLC

and the Air Force creating AMC contains language establishing that Plaintiffs were

intended beneficiaries of Defendants’ contractual obligations with respect to the

provision of housing at MacDill Air Force Base.

741. On information and belief, the current version of any Operating

Agreement under which AMC presently operates continues to contain such or

similar language.

188
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 192 of 218 PageID 192

742. On information and belief, the Ground Lease entered into by the Air

Force and AMC, also contains language indicating that Plaintiffs were intended

beneficiaries.

743. On Information and belief, property management agreements gov-

erning Defendants property management practices at MacDill also contain provi-

sions indicating that Plaintiffs were intended beneficiaries of those agreements.

744. Defendants and the Air Force intended to benefit the service members

living at MacDill Air Force Base.

745. The obligations to provide these intended benefits were included in

the underlying contracts to ensure military service members, including Plaintiffs

and their families, would be provided with safe and habitable housing.

746. Defendants breached the requirements of the underlying contracts by

failing to provide suitable management, maintenance, operations, and renovation

of the homes at MacDill Air Force Base.

747. Defendants also breached the duty of good faith and fair dealing im-

plied in the contracts.

748. As a foreseeable result of the Defendants’ breaches of the contracts,

Plaintiffs, who are intended, direct, third-party beneficiaries of such contracts, sus-

tained damages.

189
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 193 of 218 PageID 193

749. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

COUNT IX: Negligence Per Se

(by all Plaintiffs against all Defendants)

750. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

751. Defendants owed Plaintiffs a duty to take steps to protect them from

the specific injuries outlined in this Complaint.

752. This duty was created by statutes specifically intended to protect

Plaintiffs from those harms.

753. For example, section 19-231 of Tampa’s Code of Ordinances states

that, “No person shall occupy or let to another for occupancy or offer to let to an-

other for occupancy any dwelling or dwelling unit which does not comply with

the following standard.” It then outlines a list of specific requirements intended to

protect residents’ health and safety. Defendants failed to comply with these re-

quirements including:

a) General condition of rental unit. Each dwelling unit let or offered to let

shall be clean, sanitary, fit for human habitation and in a good state

of repair. §19-231(17);

190
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 194 of 218 PageID 194

b) “Every floor, wall and ceiling shall be capable of affording privacy

and shall be maintained in a good state of repair.” §19-231(10);

c) “Plumbing fixtures and pipes. Every plumbing fixture and water and

waste pipe shall be maintained in good working condition, free from

defects, leaks and obstructions.” §19-231(13);

d) “Kitchen and bathroom floors. Floors in kitchens and bathrooms, except

where constructed of materials impervious to moisture, shall be cov-

ered with asphalt, vinyl-plastic, rubber tile, ceramic tile, terrazzo or

linoleum or other durable, waterproof, nonabsorptive material.” §19-

231(14)(a);

e) “Flooring generally. All other flooring throughout the dwelling shall be

of approved grade and type of material properly installed.” §19-

231(14)(b);

f) Defendants also failed to comply with § 19-232, which provides that,

“The owner shall be responsible for the repair and replacement of all

plumbing facilities and equipment.” § 19-232(7)

754. Defendants also failed to comply with § 19-47, which provides that,

“Nothing shall be allowable on the premises within the corporate limits of the city

provided for in this chapter that shall in any way be offensive or noxious by reason

of the emission of odors, gases, dust, smoke, light, vibration or noise … nor shall

191
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 195 of 218 PageID 195

anything be constructed or maintained that would in any way constitute an eye-

sore or nuisance to adjacent property owners or residents or to the community.”

755. Additionally, Florida has a statutory framework regulating mold-re-

lated services in order to protect Plaintiffs from the injuries described above. FLA.

STAT. § 468.84 et seq.

756. The Florida legislature determined that this statutory framework is

“necessary in the interest of the public safety and welfare, to prevent damage to

real and personal property, to avert economic injury to the residents of this state,

and to regulate persons and companies that hold themselves out to the public as

qualified to perform mold-related services.” Id. § 468.84.

757. Defendants failed to comply with the following statutory require-

ments:

a) “A person may not … perform or offer to perform any mold assess-

ment unless the mold assessor has documented training in water,

mold, and respiratory protection under § 468.8414(2).” Id. §

468.8419(1)(a);

b) “A person may not … perform or offer to perform any mold remedi-

ation to a structure on which the mold assessor or the mold assessor's

company provided a mold assessment within the last 12 months.” Id.

§ 468.8419(1)(d);

192
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 196 of 218 PageID 196

c) “A person may not … accept an engagement to make an omission of

the assessment or conduct an assessment in which the assessment it-

self, or the fee payable for the assessment, is contingent upon the con-

clusions of the assessment.” Id. § 468.8419(1)(h);

d) “A mold remediator, a company that employs a mold remediator, or

a company that is controlled by a company that also has a financial

interest in a company employing a mold remediator may not …per-

form or offer to perform any mold remediation unless the remediator

has documented training in water, mold, and respiratory protection

under §. 468.8414(2).” Id. § 468.8419(2)(a);

e) “A mold remediator, a company that employs a mold remediator, or

a company that is controlled by a company that also has a financial

interest in a company employing a mold remediator may not …per-

form or offer to perform any mold assessment to a structure on which

the mold remediator or the mold remediator's company provided a

mold remediation within the last 12 months.” Id. § 468.8419(2)(d).

758. Plaintiffs are members of the class that each of the above statutes were

designed to protect.

759. The statutes were intended to protect residents from the sorts of ex-

posure-based injuries suffered by Plaintiffs and described in this Complaint.

193
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 197 of 218 PageID 197

760. The violation of these statutes constitutes negligence per se and was

the proximate cause of Plaintiffs’ injuries.

761. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

COUNT X: Medical Monitoring

(by all Plaintiffs against all Defendants)

762. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

763. Plaintiffs suffered physical injuries when they were exposed to haz-

ardous mold, as described in this Complaint.

764. Plaintiffs have a significantly increased risk of contracting serious la-

tent diseases because of that exposure.

765. Monitoring procedures make early detection of those diseases possi-

ble. Different monitoring procedures will be necessary depending on the exposure

of each Plaintiff, but all Plaintiffs would benefit from monitoring.

766. The monitoring procedure would be unnecessary in the absence of

Plaintiffs’ exposure.

767. Given the exposure, monitoring regimes are reasonably necessary ac-

cording to contemporary scientific principles.

194
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 198 of 218 PageID 198

768. Plaintiffs request the cost of medical monitoring necessary to detect

the onset or worsening of physical harm and/or, in the alternative, that the court

use its equitable powers to create and supervise a medical monitoring fund.

769. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

COUNT XI: Unjust Enrichment

(By all Plaintiffs against Defendant AMC)

770. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

771. Plaintiffs conferred a benefit on AMC in the form of the BAH rent that

the military transferred on their behalf. These funds belonged to Plaintiffs and

were paid to AMC in return for safe and habitable housing at MacDill Air Force

Base.

772. AMC failed to provide Plaintiffs with safe and habitable homes, and

they failed to compensate Plaintiffs for being forced to live in temporary housing

during mold remediation.

773. It would be inequitable and unjust for AMC to retain the BAH funds

provided by Plaintiffs.

774. Plaintiffs are entitled to restitution of some or all the BAH funds paid

to AMC.
195
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 199 of 218 PageID 199

COUNT XII: Violation of Florida Deceptive and Unfair Trade Practices Act
(FDUTPA) (Unfair Conduct)
(By all Plaintiffs against all Defendants)

775. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

776. The Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”)

renders unlawful unfair methods of competition, unconscionable acts or practices,

and unfair acts or practices in the conduct of any trade or commerce. Fla. Stat. §

501.204.

777. At all relevant times, Defendants solicited, advertised, offered,

and/or provided goods, services, and/or property by leasing military housing at

MacDill Air Force Base, and by providing property management services relating

to such military housing. Defendants were thereby engaged in trade or commerce

within the meaning of the FDUTPA. FLA. STAT. § 501.203.

778. At all relevant times, Plaintiffs were consumers within the meaning

of the FDUTPA. Id.

779. Defendants’ practices relating to Plaintiffs’ housing at MacDill Air

Force Base, as described in detail in this Complaint, constituted unfair and/or un-

conscionable acts or practices within the meaning of the FDUTPA and thus vio-

lated the FDUTPA.

196
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 200 of 218 PageID 200

780. On information and belief, Defendants failed to follow their own pol-

icies and procedures relating to the treatment of harmful conditions, including

policies and procedures for the treatment and remediation of mold.

781. In many instances, Defendants’ purported attempts at remediation

actually increased Plaintiffs’ exposure to mold.

782. Defendants’ acts and practices exposed Plaintiffs to unsafe and un-

healthy conditions, including toxic mold, structural defects, water leaks, and

HVAC issues. These abhorrent conditions were known to Defendants.

783. Given those unconscionable conditions, Plaintiffs’ interests in their

MacDill homes were only worth a small fraction of the rental payments for those

homes.

784. Defendants’ acts and practices offended established public policy and

were immoral, unethical, oppressive, unscrupulous, and substantially injurious to

consumers. As such, those acts and practices were unfair and unconscionable

within the meaning of the FDUTPA and thus violated the FDUTPA.

785. As a result of Defendants’ unfair and unconscionable acts or practices,

Plaintiffs suffered losses and are entitled to recover actual damages, attorney fees,

and court costs. FLA. STAT. § 501.211.

197
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 201 of 218 PageID 201

786. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

COUNT XIII: Violation of Florida Deceptive and Unfair Trade Practices Act
(FDUTPA) (Deceptive Conduct)
(By all Plaintiffs against all Defendants)

787. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

788. The Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”)

renders unlawful deceptive acts or practices in the conduct of any trade or com-

merce. FLA. STAT. § 501.204.

789. At all relevant times, Defendants solicited, advertised, offered,

and/or provided goods, services, and/or property by leasing military housing at

MacDill, and by providing property management services relating to such military

housing. Defendants were thereby engaged in trade or commerce within the

meaning of the FDUTPA, see id., e.g., § 501.203.

790. At all relevant times, Plaintiffs were consumers within the meaning

of the FDUTPA, see id.

791. Defendants’ practices relating to Plaintiffs’ housing at MacDill Air

Force Base, as described in detail in this Complaint, constituted false, misleading,

198
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 202 of 218 PageID 202

and/or deceptive acts or practices within the meaning of the FDUTPA and thus

violated the FDUTPA.

792. AMC as, signatory to the leases, and all Defendants, through Harbor

Bay’s direct and ongoing communication with Plaintiffs, engaged in deceptive acts

and practices, including the following:

a) Defendants concealed facts and made deceptive assurances that

caused Plaintiffs to sign leases that they never would have signed had

they known the truth;

b) Defendants made false, misleading, and/or deceptive representa-

tions that Plaintiffs’ MacDill houses were in habitable condition and

thus far more valuable than they were in reality;

c) In the leases between Defendants and Plaintiffs, Defendants falsely

warranted that Plaintiffs’ housing was safe, habitable, and free from

defects;

d) Defendants failed to disclose information that they knew about the

condition of Plaintiffs’ housing with the intention of inducing Plain-

tiffs into leasing the homes at a cost beyond what they were actually

worth;

199
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 203 of 218 PageID 203

e) Defendants provided false seven-year maintenance history reports to

many Plaintiffs, and withheld those reports entirely from other Plain-

tiffs, in order to conceal the true condition of Plaintiffs’ homes;

f) When Plaintiffs reported potential hazards in their homes, Defend-

ants often falsely assured them that those hazards were harmless dust

or paint rather than toxic mold, actively concealing the true nature of

the hazard and condition of the home;

g) Once Plaintiffs discovered the unsafe and hazardous conditions in

their homes, Defendants falsely claimed that they would mitigate or

fix those problems;

h) Defendants made false, misleading, and/or deceptive representa-

tions that repairs and remediation efforts were performed completely

and to the standard of care required of professional landlords;

i) Defendants failed to disclose the grossly inadequate nature of their

repair and remediation efforts.

793. As a result of Defendants’ deceptive acts or practices, Plaintiffs suf-

fered losses and are entitled to recover actual damages, attorney fees, and court

costs. FLA. STAT. § 501.211.

200
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 204 of 218 PageID 204

794. Plaintiffs paid far more in rent than their homes were actually worth.

Such acts and practices were unfair, false, misleading, deceptive, and unconscion-

able within the meaning of FDUTPA.

795. Due to their role in the leasing and/or management and maintenance

of the houses at MacDill, Defendants were uniquely aware of the condition of the

houses, maintenance histories, defects in their design, the need for repairs, remod-

eling, and remediation, and the existence of mold and other hazardous conditions.

796. As a result of Defendants’ false, misleading, and deceptive acts or

practices, Plaintiffs suffered losses and are entitled to recover actual damages, at-

torney fees, and court costs. Id. § 501.211.

797. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

COUNT XIV: Negligent Misrepresentation Concerning Condition of Homes

(by Plaintiffs Mullins, Barron, Colón, Cortes, Love, O’Day, Shirk, and Tyoe
against all Defendants)

798. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

799. Defendants falsely represented that Plaintiffs’ homes were safe and

fit for human habitation before they moved in.

201
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 205 of 218 PageID 205

800. Prior to moving in, Defendants provided many Plaintiffs with Home

Offer Letters that contained seven-year maintenance history reports. These reports

often significantly underreported the prior maintenance issues that had occurred

within the homes.

801. Plaintiffs' leases represented that, prior to moving in, their homes

were in safe, clean, and habitable condition and free of mold, mildew, and signs

of any water intrusion.

802. Defendants either knew that Plaintiffs’ homes were unsafe and unfit

for human habitation, made representations concerning the safety and habitability

of the homes without knowledge of their truth or falsity, or should have known

that such representations were false.

803. Defendants intended to convince Plaintiffs to sign leases and move

into their homes based on these representations.

804. Defendants knew or should have known that these statements would

be material to the Plaintiffs’ decisions to move into their homes.

805. Plaintiffs justifiably relied on Defendants’ assurances that their homes

were safe, mold free, and fit for human habitation at the time that they moved in.

806. As a direct and proximate result of Defendants’ negligence, Plaintiffs

suffered substantial damage to their personal property, physical injuries, financial

202
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 206 of 218 PageID 206

injuries, and damages that will require medical testing/monitoring, as well as se-

vere mental and emotional distress related to those physical injuries.

807. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

COUNT XV: Negligent Misrepresentation Concerning Repair and/or

Remediation of Unsafe Conditions
(by all Plaintiffs against all Defendants)

808. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

809. Once Plaintiffs discovered the unsafe and hazardous conditions in

their homes, Defendants, including via Harbor Bay, downplayed the severity of

those problems in order to convince Plaintiffs to remain in their homes.

810. Defendants in numerous instances falsely represented that hazardous

and unsafe conditions, including mold, were innocuous and easily fixed condi-

tions such as bad paint jobs or dust. Defendants knew or should have known that

this was untrue.

811. Defendants in numerous instances falsely told Plaintiffs that there

was no moisture in a home, when they knew or should have known that there was

moisture in the home.

203
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 207 of 218 PageID 207

812. If Plaintiffs persisted in demanding that Defendants repair unsafe and

hazardous conditions in their homes, Defendants often falsely claimed that they

would take appropriate steps to mitigate or fix those problems.

813. Defendants either knew that they would never take those steps, made

the representations without knowledge of their truth or falsity, or should have

known the representations were false.

814. On multiple occasions, Defendants claimed to have repaired an un-

safe or hazardous condition, when they knew or should have known that they had

not adequately done so.

815. Defendants intended to convince Plaintiffs to remain in their homes

or renew their leases based on these false representations.

816. Defendants knew or should have known that these statements would

be material to the Plaintiffs’ decisions whether to remain in their homes.

817. Plaintiffs justifiably relied on Defendants’ assurances that they would

take or had taken steps to make their homes safe.

818. As a direct and proximate result of Defendants’ negligence, Plaintiffs

suffered substantial damage to their personal property, physical injuries, financial

damages, and damages that will require medical testing/monitoring, as well as

mental and emotional distress related to those physical injuries.

204
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 208 of 218 PageID 208

819. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

COUNT XVI: Fraudulent Inducement

(by Plaintiffs Mullins, Barron, Colón, Cortes, Love, O’Day, Shirk, and
Tyoe against all Defendants)

820. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

821. Defendants deliberately, willfully, and knowingly made false and

material statements regarding the habitability and safety of the Plaintiffs’ housing

as described in detail in this Complaint in order to induce Plaintiffs to sign leases.

822. Defendants’ false representations included deliberately and willfully

providing Home Offer Letters containing misleading seven-year maintenance his-

tory reports or withholding those reports entirely. When they were provided,

these reports often significantly underreported the prior maintenance issues that

had occurred within the homes.

823. Plaintiffs' leases represented that, prior to moving in, their homes

were in safe, clean, and habitable condition, and free of mold, mildew, and signs

of any water intrusion. Defendants either knew or should have known that this

was false at the time.

205
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 209 of 218 PageID 209

824. These representations were material to Plaintiffs’ decisions to enter

into their leases causing Plaintiffs’ BAH to be paid to Defendants.

825. Plaintiffs relied on Defendants’ assurances that their homes were safe

and fit for human habitation at the time that they moved in.

826. Defendants knew or reasonably should have known that these state-

ments, including the representations in the leases and the seven-year maintenance

history reports, were false. But for the Defendants’ false statements, Plaintiffs

would not have signed the leases for their MacDill Air Force Base homes.

827. As a direct and proximate result of Defendants’ fraudulent induce-

ment, Plaintiffs suffered substantial damage to their personal property, physical

injuries, financial injuries, and damages that will require ongoing medical test-

ing/monitoring, as well as mental and emotional distress related to those physical

injuries.

828. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

COUNT XVII: Fraudulent Misrepresentation Concerning Repair and/or Reme-

diation of Unsafe Conditions
(by all Plaintiffs against all Defendants)

829. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

206
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 210 of 218 PageID 210

830. Defendants, including via Harbor Bay, deliberately and willfully

made false and material statements regarding the habitability and safety of the

Plaintiffs’ housing as described in detail in this Complaint, in order to cause Plain-

tiffs to remain in their homes notwithstanding the unsanitary and dangerous con-

ditions in those homes.

831. Defendants made false statements to Plaintiffs that their homes were

suitable for habitation throughout the course of Plaintiffs’ residence in the homes.

832. Defendants on multiple occasions falsely assured Plaintiffs that there

was no moisture in their homes. Defendants knew or should have known that

there was moisture at that time.

833. Once Plaintiffs discovered the unsafe and hazardous conditions in

their homes, Defendants consistently deliberately and falsely downplayed the se-

verity of those problems. Defendants knew or should have known the true sever-

ity of those conditions.

834. If Plaintiffs persisted in demanding that Defendants repair unsafe and

hazardous conditions in their homes. Defendants often falsely claimed that they

would take steps to mitigate or fix those problems. Defendants knew or should

have known that they would never do so.

207
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 211 of 218 PageID 211

835. On some occasions, Defendants claimed to have repaired an unsafe

or hazardous condition, when they knew or should have known that they had not

adequately done so.

836. Defendants knew that the statements concerning the condition and

maintenance of the homes and the promised remediation were false.

837. Plaintiffs relied on Defendants’ assurances that they would take or

had taken steps to make their homes safe.

838. These representations were material to Plaintiffs’ decisions to remain

in their homes, and even to the decisions of some Plaintiffs to renew their leases.

839. But for Defendants’ false statements, Plaintiffs would not have re-

mained in their Michaels homes.

840. As a direct and proximate result of Defendants’ fraudulent misrepre-

sentation, Plaintiffs suffered substantial damage to their personal property, phys-

ical injuries, financial injuries, and damages that will require medical test-

ing/monitoring, as well as mental and emotional distress related to those physical

injuries.

841. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

208
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 212 of 218 PageID 212

Count XVIII: Fraudulent Concealment of Condition of Housing

(by Plaintiffs Mullins, Barron, Colón, Cortes, Love, O’Day, Shirk, and Tyoe
against all Defendants)

842. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

843. Defendants deliberately, willfully, and actively concealed material

facts regarding the habitability and safety of the Plaintiffs’ housing as described in

detail in this Complaint, including by falsifying or withholding seven-year mainte-

nance history reports, in violation of 10 U.S.C. §2892a, in order to cause Plaintiffs

to sign leases for MacDill Air Force Base homes.

844. Plaintiffs’ leases represented that, prior to moving in, their homes

were in safe, clean, and habitable condition, and free of mold, mildew, and signs

of any water intrusion. Defendants either knew or should have known that this

would conceal the true conditions at the homes.

845. Defendants, as lessors and landlords and/or as the agents of the les-

sors and landlords, owed Plaintiffs a duty to disclose their knowledge of hazard-

ous and unsafe conditions in their homes.

846. Additionally, Defendants had knowledge of the defects in the homes

or were better positioned to discover such defects and therefore had a duty to dis-

close those material facts to Plaintiffs and failed to do so.

209
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 213 of 218 PageID 213

847. Defendants knew or reasonably should have known that the con-

cealed or omitted facts were material to Plaintiffs’ decisions to sign leases and

move into their homes and should have been disclosed.

848. Defendants knew that their concealments would induce the Plaintiffs

to act.

849. Plaintiffs relied on Defendants’ concealments and omissions.

850. But for the Defendants’ fraudulent concealments and material omis-

sions, Plaintiffs would not have signed the leases for their MacDill Air Force Base

homes.

851. As a direct and proximate result of Defendants’ fraudulent conceal-

ment, the Plaintiffs suffered substantial damage to their personal property, physi-

cal injuries, financial injuries, and damages that will require medical testing/mon-

itoring, as well as mental and emotional distress related to those physical injuries.

852. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

Count XIX: Fraudulent Concealment Concerning Repair and/or Remediation

of Unsafe Conditions
(by all Plaintiffs against all Defendants)

853. Plaintiffs incorporate by reference the allegations set forth in para-

graphs 1–668 as if fully set forth here at length.

210
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 214 of 218 PageID 214

854. Defendants, including through Harbor Bay, deliberately and willfully

actively concealed material facts regarding the habitability and safety of the Plain-

tiffs’ housing as described in detail in this Complaint in order to cause Plaintiffs to

remain in their MacDill Air Force Base homes.

855. Defendants, as lessors and landlords and/or as the agents of the les-

sors and landlords, owed Plaintiffs a duty to disclose their knowledge of continu-

ing hazardous and unsafe conditions in their homes.

856. Additionally, Defendants had knowledge of the defects in the homes

or were better positioned to discover such defects and therefore had a duty to dis-

close those material facts to Plaintiffs and failed to do so.

857. Defendants fraudulently concealed dangers in the homes by telling

many Plaintiffs that what appeared to be a hazardous condition was in fact some

innocuous and easily fixed problem such as dust or a bad paint job.

858. Defendants fraudulently concealed ongoing dangers in the home by

engaging in cosmetic repairs that disguised the continuing hazardous and unsafe

conditions while simultaneously telling Plaintiffs that repairs had been success-

fully completed.

859. Defendants knew or reasonably should have known that the con-

cealed or omitted facts were material to Plaintiffs’ decisions to remain in their

homes and should have been disclosed.

211
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 215 of 218 PageID 215

860. Defendants knew that their concealment or omission would induce

the Plaintiffs to act or refrain from acting.

861. Plaintiffs relied on Defendants’ concealments and omissions.

862. But for the Defendants’ fraudulent concealments and material omis-

sions, Plaintiffs would not have remained in their MacDill Air Force Base homes.

863. As a direct and proximate result of Defendants’ fraudulent conceal-

ment, the Plaintiffs suffered substantial damage to their personal property, physi-

cal injuries, financial injuries, and damages that will require medical testing/mon-

itoring, as well as mental and emotional distress related to those physical injuries.

864. Defendants were bound in agency and alter-ego relationships as de-

scribed above in leasing, operating, managing, maintaining, and repairing the

homes at MacDill AFB.

Damages

As a result of the Defendants’ breaches, negligence, gross negligence, fraud,

and other acts and omissions described in this Complaint, Plaintiffs have sus-

tained damages and injuries and are entitled to recover damages related to the

following, including but not limited to:

a. Past and future physical pain and suffering;

b. Past and future mental anguish and emotional distress;

c. Past and future medical, healthcare, and attendant care expenses;

212
Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 216 of 218 PageID 216

d. Past and future lost income and earning capacity;

e. Past and future physical impairment;

f. Past and future loss of enjoyment and quality of life;

g. Past and future loss of enjoyment of property;

h. Increased risk of future harm and medical monitoring for life;

i. Loss of life expectancy;

j. Nuisance damages, including inconvenience, illness, and fear;

k. Out of pocket expenses;

l. Loss of and/or damage to personal property;

m. Costs, expenses, and fees, including attorney fees; and

n. Punitive damages.

Prayer For Relief

Plaintiffs pray that this Court:

a. Award the Plaintiffs compensatory damages, in an amount to be

determined at trial;

b. Award punitive damages as appropriate including for counts III,

IV, V, VI, VII, IX, XIV, XV, XVI, XVII, XVIII, XIX, in an amount to

be determined at trial;

c. Award the Plaintiffs pre-judgment and post-judgment interest and

any other costs, expenses, or fees, including attorneys’ fees, to

213
 Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 217 of 218 PageID 217

which they may be entitled by law, and;

d. Grant the Plaintiffs such other and further relief as this Court

deems just and proper.

Demand for jury trial

Plaintiffs demand a trial by jury for all issues so triable.

DATED: September 26, 2025. Respectfully submitted,

/s/ Robert J. McKee

Robert J. McKee
Florida Bar No.: 972614
THE MCKEE LAW GROUP, LLC
2800 South Flamingo Road
Davie, Florida 33330
Tel: (954) 888-9877
Fax: (954) 217-0150
Email: rmckee@[Link]

Vincent J. Colatriano*
Michael Weitzner*
COOPER & KIRK, PLLC
1523 New Hampshire Ave. NW
Washington, D.C. 20036
Tel: 202-220-9600
Fax: 202-220-9601
Email: vcolatriano@[Link]
Email: mweitzner@[Link]

Kristina Baehr*
Christopher LaCour*
JUST WELL LAW, PLLC
2606 W. 8th Street, Units 1-2
Austin, Texas 78703
Tel: (512) 693-8029

214
Case 8:25-cv-02637 Document 1 Filed 09/26/25 Page 218 of 218 PageID 218

Email: Kristina@[Link]
Email: Chris@[Link]
Email: Militaryhousing-lit_PLslistserv@[Link]

*Pro Hac Vice forthcoming

Attorney for Plaintiffs

215
JS 44 (Rev. 03/24) Case 8:25-cv-02637 Document
CIVIL 1-1 FiledSHEET
COVER 09/26/25 Page 1 of 2 PageID 219
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
DILLON and LEAH MULLINS, et al. THE MICHAELS ORGANIZATION, LLC, et al.
(b) County of Residence of First Listed Plaintiff Hillsborough Cnty, FL County of Residence of First Listed Defendant Camden County, NJ
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

Robert J. McKee, The McKee Law Group, LLC

2800 S. Flamingo Rd, Davie, FL 33330; 954-888-9877
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 USC §§ 1332(d)(2) and (d)(11); 10 USC § 2890
VI. CAUSE OF ACTION Brief description of cause:
Breach of Contract, Negligence, Nuisance, Negligent & Intentional Infliction of Emotional Distress, Breach of Warranty, FDUTPA
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, [Link].P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
Sep 26, 2025 s/ Robert J. McKee
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 Case 8:25-cv-02637
JS 44 Reverse (Rev. 03/24) Document 1-1 Filed 09/26/25 Page 2 of 2 PageID 220
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), [Link].P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statute.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, [Link].P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related cases, if any. If there are related cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 8:25-cv-02637 Document 1-2 Filed 09/26/25 Page 1 of 2 PageID 221

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
MiddleDistrict
__________ Districtof
of__________
Florida

)
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 8:25-cv-02637 Document 1-2 Filed 09/26/25 Page 2 of 2 PageID 222

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

 Case 8:25-cv-02637 Document 1-3 Filed 09/26/25 Page 1 of 2 PageID 223

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
MiddleDistrict
__________ Districtof
of__________
Florida

)
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 8:25-cv-02637 Document 1-3 Filed 09/26/25 Page 2 of 2 PageID 224

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

 Case 8:25-cv-02637 Document 1-4 Filed 09/26/25 Page 1 of 2 PageID 225

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
MiddleDistrict
__________ Districtof
of__________
Florida

)
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 8:25-cv-02637 Document 1-4 Filed 09/26/25 Page 2 of 2 PageID 226

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

 Case 8:25-cv-02637 Document 1-5 Filed 09/26/25 Page 1 of 2 PageID 227

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
MiddleDistrict
__________ Districtof
of__________
Florida

)
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 8:25-cv-02637 Document 1-5 Filed 09/26/25 Page 2 of 2 PageID 228

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

 Case 8:25-cv-02637 Document 1-6 Filed 09/26/25 Page 1 of 2 PageID 229

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
MiddleDistrict
__________ Districtof
of__________
Florida

)
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 8:25-cv-02637 Document 1-6 Filed 09/26/25 Page 2 of 2 PageID 230

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

 Case 8:25-cv-02637 Document 1-7 Filed 09/26/25 Page 1 of 2 PageID 231

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
MiddleDistrict
__________ Districtof
of__________
Florida

)
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 8:25-cv-02637 Document 1-7 Filed 09/26/25 Page 2 of 2 PageID 232

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

 Case 8:25-cv-02637 Document 1-8 Filed 09/26/25 Page 1 of 2 PageID 233

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
MiddleDistrict
__________ Districtof
of__________
Florida

)
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 8:25-cv-02637 Document 1-8 Filed 09/26/25 Page 2 of 2 PageID 234

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc: