Sexual Harassment under Fair Housing Laws

Every real estate professional should already know that the Fair Housing Act makes it unlawful to discriminate in housing on the basis of sex. What many real estate professionals do not realize, however, is that that includes sexual harassment.

Courts throughout the country have consistently recognized sexual harassment as a form of discrimination that violates the Fair Housing Act. In order to sustain a claim of sexual harassment under the Fair Housing Act, an individual must show that the sexual conduct was unwelcome. Nonetheless, if an individual submitted to the sexual conduct, that conduct still may have been unwelcome and a claim may be tiled.

Courts recognize two types of sexual harassment: (1) quid pro quo sexual harassment (i.e., when a housing provider, or his/her employee, agent or contractor conditions access to or retention of housing or housing-related services or transactions on a victim's submission to sexual conduct); and (2) hostile environment sexual harassment (i.e., when a housing provider or his/her employee, agent or contractor, or in certain circumstances another tenant, engages in sexual behavior of such severity or pervasiveness that it alters the terms or conditions of tenancy and results in an environment that is intimidating, hostile, offensive, or otherwise significantly less desirable). Claims may be filed even if the alleged victim did not experience the loss of a housing opportunity or some tangible economic loss. Complaints alleging sexual harassment involve one or both types of harassment.

Sexually harassing conduct can be verbal (derogatory remarks, slurs, jokes, intimidation, and even threats of violence), physical (body gestures, whistling, ogling, unwelcome touching or physical violence), or visual (inappropriate sexually-oriented written materials or pictures). Sexual harassment also occurs when a resident’s housing is conditioned on agreeing to sexual favors. For example: A manager demands a date in exchange for a rent reduction. The legal term for this type of harassment is quid pro quo – “this for that.” Again, the treatment is considered harassment if it rises to the level of “severe or pervasive” conduct.

With respect to harassment in the rental context, a property manager has a duty not to engage in sexual harassment. Additionally, property managers have a duty to prevent or stop sexual harassment committed by employees, agents, or contractors and that they may be liable for acts committed by such persons. If a property manager knows or should have known that an employee, agent or contractor is sexually harassing applicants, tenants or residents, he/she has the duty to take action to stop the harassment. For example, if an apartment manager authorizes a maintenance worker to enter a tenant's home to make a repair, and the maintenance worker sexually harasses the tenant, the management company may be held vicariously liable for the maintenance worker's actions. A property manager may be held liable if any of his/her employees, agents, or contractors sexually harass an applicant, resident or tenant.

In recent years, the United States Department of Justice ("DOJ") has been looking more 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.

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To learn more about fair housing issues (along with a variety of other real estate topics), please visit us at www.123ConEd.com. We are the leading online provider of Michigan real estate continuing education. All of our courses are fully approved and properly certified by the State of Michigan, and are offered online.

Copyright © 123 ConEd LLC 2009. All rights reserved.

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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To learn more about fair housing issues (and many other topics affecting real estate professionals), please stop by our website at www.123ConEd.com. We are the leading online provider of continuing education courses to Michigan real estate agents and brokers. All of our courses are fully approved and properly certified by the State of Michigan.

Department of Justice Files a Lawsuit Against Arkansas Landlords for Sexual Harassment

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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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

$1 Million Judgment in Sexual Harassment Case Against Cincinnati Landlord

Here is another example of a Fair Housing Act lawsuit that was fairly recently settled by the United States Department of Justice ("DOJ"). I try to post summaries of these types of cases in order to provide updates to real estate professionals about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue.

In September 2008, the DOJ settled a fair housing lawsuit that was brought again a Cincinnati landlord, James G. Mitchell, and his company, Land Baron Enterprises. Mr. Mitchell was the owner and operator of several rental properties in the Cincinnati, Ohio, metropolitan area. The defendants agreed to pay $1 million in monetary damages and a civil penalty, after admitting that they violated the Fair Housing Act. This was the largest monetary settlement that the DOJ has ever obtained in a case alleging sexual harassment violations under the Fair Housing Act.

The DOJ’s lawsuit alleged that Mr. Mitchell had subjected female tenants to unwanted verbal sexual advances and unwanted sexual touching, entered the apartments of female tenants without permission or notice, granted and denied tangible housing benefits based on sex, and took adverse action against female tenants when they refused or objected to his sexual advances.

The DOJ began investigating Mr. Mitchell after Housing Opportunities Made Equal (“HOME”), a Cincinnati-based non-profit fair housing advocacy group, notified the DOJ of several sexual harassment complaints it had received about Mr. Mitchell.

Under the terms of the settlement, the defendants were required to pay $890,000 in compensation to 12 women who Mr. Mitchell sexually harassed and $110,000 in a civil penalty to the United States. In addition, the settlement enjoined Mr. Mitchell from further discrimination and required him to retain an independent management company to manage any future rental properties he acquires. Mr. Mitchell currently does not own or operate any rental properties.

Every real estate professional should already know that the Fair Housing Act makes it unlawful to discriminate in housing on the basis of sex. What many real estate professionals do not realize, however, is that that includes sexual harassment.

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To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

New Michigan Fair Housing Lawsuit Filed in Federal Court

I was in the process of updating the online fair housing continuing education courses offered by my school (www.123ConEd.com), when I came across this recent Michigan Fair Housing Act case. Because Fair Housing is such an important topic I thought that I'd post a summary of this recent case, which was just filed in court four days ago.

On January 29, 2009, the United States Department of Justice filed a new fair housing lawsuit against two Ypsilanti, Michigan, landlords for sexual harassment. The suit was filed against Ronald D. Peterson and Glen E. Johnson, the owner and rental manager, respectively, of 11 single family homes in Ypsilanti, alleging a pattern or practice of sexual harassment of female tenants. The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.

The complaint, filed in U.S. District Court for the Eastern District of Michigan, alleges that Mr. Johnson subjected female tenants to discrimination on the basis of sex, including severe, pervasive and unwelcome sexual harassment. The complaint alleges that Mr. Johnson made unwanted verbal sexual advances, entered the apartment of female tenants without permission or notice, granted and denied tangible housing benefits based on sex, and took adverse action against female tenants when they refused or objected to his sexual advances. The complaint also alleges that Mr. Peterson, the owner of the properties, is liable for Mr. Johnson's alleged misconduct, and that he knew or should have known of Mr. Johnson's alleged misconduct but failed to take reasonable preventive or corrective measures. This case is being handled jointly by the Civil Rights Division of the Department of Justice and the U.S. Attorney's Office for the Eastern District of Michigan in Detroit.

The suit seeks monetary damages for victims, civil penalties and a court order barring future discrimination. This case is currently pending.

It is important for all real estate professionals to remember that the federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. The Act also prohibits sexual harassment, which is something that many real estate professionals do not realize.

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To learn more about Fair Housing issues in Michigan (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our online Michigan con ed courses are designed to offer our students the most information, as quickly and economically as possible.

Discrimination in Housing Based Upon Sex, Including Sexual Harassment

Every real estate professional should already know that the Fair Housing Act makes it unlawful to discriminate in housing on the basis of sex. What many real estate professionals do not realize, however, is that that includes sexual harassment.

In recent years, the United States Department of Justice ("DOJ") has been looking more 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.

********************************************

To learn more about Fair Housing issues in Michigan (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.