In holding the owners of a St. Louis apartment complex liable for more than $3 million following a fatal shooting, a jury may have made it more difficult for criminal defendants to secure housing, according to an area landlord.
“This unfortunate verdict can only have one long-term effect,” said Nick Kasoff, a landlord who owns 15 rental properties in Ferguson. “It will become more difficult and costly for those with even a minor criminal background to find housing.”
The St. Louis City Circuit Court jury in Jose Garcia Sr. and Celsa Garcia v. Mills Properties Inc. and Park Val Partners LLC decided in favor of the plaintiff after determining that a fatal shooting occurred because a landlord failed to secure a door.
“As landlords seek to avoid becoming liable for the criminal misconduct of tenants and even complete strangers, they will simply reject applicants who don’t have a sterling background,” Kasoff told the St. Louis Record.
St. Louis City Circuit Court is known for allowing the award of excessive punitive damage awards, according to the American Tort Reform Association's annual judicial hellhole report.
At the core of the apartment complex case is 26-year-old Jose Garcia Jr. who was shot and killed by Adnan Husidic in 2016 after he arrived at Garcia’s girlfriend’s home at Park Val Apartments. Garcia had allegedly threatened Husidic online, according to media reports.
Garcia’s parents, Jose and Celsa Garcia, sued the landlord alleging that they should have known the external locks to their doors were not always secured and were, at times, non-functioning.
“In a time when housing is already difficult to come by for those with limited funds and checkered backgrounds, this will certainly increase homelessness and informal living arrangements,” Kasoff added.
Although Husidic was acquitted after he claimed self-defense, the results of the criminal trial were not admissible in the civil suit against the apartment complex.
The defendants deny negligence, according to their attorney Zachary Vaughn of Wiedner & McAuliffe and an appeal is likely.
Vaughn did not respond to requests for comment.
“We disagree with the jury’s findings and we disagree with a number of the court’s rulings,” Vaughn told Missouri Lawyers Media.