Here is another example of a lawsuit that was recently filed by the United States Department of Justice ("DOJ") to enforce the Fair Housing Act. I try to post summaries of these types of cases in order to provide timely updates to real estate professionals about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue.
On March 13, 2009, the DOJ filed a lawsuit against Bobby L. Hurt, the former property manager for numerous mobile homes located in and around West Memphis, Arkansas, alleging a pattern or practice of sexual harassment in violation of the Fair Housing Act. The lawsuit also named Mr. Hurt's wife, Sue Hurt, as a defendant.
According to the DOJ’s complaint, Mr. Hurt, while providing property management services, entered the homes of female tenants without permission or notice, touched female tenants in an unwelcome sexual manner, made verbal sexual advances, and threatened and took steps to evict female tenants when they refused or objected to his sexual advances. The complaint also alleged that, while engaging in this harassment, Mr. Hurt acted on behalf of his wife and the former owner of the mobile homes. The lawsuit filed by the DOJ is an allegation of unlawful conduct, and the allegations must still be proven in court.
The lawsuit seeks money damages to compensate victims and a civil penalty to be paid to the government. The lawsuit also seeks a court order barring future discrimination. This case is currently pending in the United States District Court for the Eastern District of Arkansas.
As every real estate professional should already know, the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. As this case demonstrates, the Fair Housing Act protects tenants from unwelcomed verbal and physical sexual advances in their homes from their housing providers.
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