Discrimination in Housing Based Upon Sex, Including Sexual Harassment

Every real estate agent and broker should already know that the Fair Housing Act makes it unlawful to discriminate in housing on the basis of sex (among other things). What many real estate professionals do not realize, though, is that the Fair Housing Act's prohibition extends to sexual harassment.

In recent years, the United States Department of Justice ("DOJ") has been looking closely at sexual harassment in housing in its Fair Housing enforcement efforts. Women, particularly those who are poor, and with limited housing options, often have little recourse but to tolerate the humiliation and degradation of sexual harassment or risk having their families and themselves removed from their homes. The DOJ's enforcement program is aimed at landlords who create an untenable living environment by demanding sexual favors from tenants or by creating a sexually hostile environment for them. By this, the DOJ is seeking both to obtain relief (usually large monetary fines) for tenants who have been treated unfairly by a landlord because of sex and also deter other potential abusers by making it clear that they cannot continue their conduct without facing repercussions.

In addition, pricing discrimination in mortgage lending may also adversely affect women, particularly minority women. This type of discrimination is unlawful under both the Fair Housing Act and Equal Credit Opportunity Act.

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