Sexual Harassment in Housing

Sexual harassment can create two types of issues. Victims can either find themselves in a quid pro quo situation or a hostile environment.

A quid pro quo situation occurs when you are promised benefits in your rental in exchange for performing sexual favors. Quid pro quo means “this for that.” Therefore, your landlord promises to provide better services, free rent, or other benefits in exchange for your agreement to sleep with him, go on a date with him, or otherwise provide sexual favors for him.

A hostile environment, on the other hand, means the harassment creates an intimidating environment that makes it impossible to continue your daily activities. It intimidates you and causes constant fear that your life and living environment is at risk.

The dedicated sexual harassment lawyers at the Derek Smith Law Group can help you determine the type of sexual harassment you suffered. They can help you sort out the details of your claim to tell your story.

Federal and state laws prohibit landlord sexual harassment. The federal law, known as the Fair Housing Act (FHA), prohibits any sex discrimination and sexual harassment in housing. The FHA is also known as Title VIII of the Civil Rights Act of 1968. Congress passed it four years after passing Title VII, which protects employees from sexual harassment at work.

State laws also offer protection against sexual harassment in housing. For instance, in California, the Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act prohibit any form of sexual harassment in housing. Whether the harassment comes from a landlord, property manager, employee, service vendor, or another tenant, these laws provide you the right to stop the harassment and seek compensation if it continues.

Almost every state has laws protecting tenants from landlord sexual harassment. Contact an experienced sexual harassment lawyer to learn about your state’s laws. The dedicated attorneys at the Derek Smith Law Group in Philadelphia, New York City, Miami, Los Angeles, and New Jersey can help you determine whether to file a claim under federal law or your state’s laws.

Sexual harassment in housing takes several forms. Some examples include:

• A landlord offers you a month rent-free if you perform sexual favors.
• Your property manager raises your rent because you refused to go on a date with her.
• Another tenant continues to peek in your windows at night. You have caught him several times.
• Your landlord set up security cameras that face the windows of your unit. An employee of the property told you she had seen videos of you walking throughout your apartment.
• The service provider hired to fix the plumbing in your apartment exposes himself to you.
• The lifeguard at the property pool regularly asks to see your breasts.
• Your landlord enters your unit unannounced and without notice. You are changing your clothing. There is no emergency.

Your landlord must provide you with a safe home in exchange for rent. Therefore, your landlord must do everything in his power to prevent unsafe or harassing living conditions.

If another tenant sexually harasses you, you have the right to inform your landlord. Your landlord must act against the tenant. An initial warning can put the tenant on notice that their behavior is not acceptable.

If the tenant continues, your landlord should provide written warnings, fines, and eventually file an eviction.

However, if your landlord remains silent after you let him know about the harassment, you have the right to sue him for sexual harassment under the FHA or state laws.

A landlord must respect your privacy. He cannot barge into your apartment without warning unless there is an emergency. He cannot film you or take photos of you without your knowledge or consent.

Sometimes an invasion of privacy may also be a form of sexual harassment. If your landlord purposely barges into your apartment when you are in the shower or otherwise indisposed or indecent, it may constitute sexual harassment.

If your landlord spies on you inside your apartment at all hours of the day or night, then it is voyeurism. Voyeurism is a form of sexual harassment.

To learn more about how an invasion of privacy can be a form of landlord sexual harassment, speak with the Derek Smith Law Group’s experienced lawyers. Their talented attorneys can help you sort through your story to determine the details of your case.

Your landlord cannot request sexual acts from you in exchange for any real estate benefits. These benefits include offering free rent in exchange for sex.

Offering a tenant who cannot pay rent a chance to stay in the apartment if she sleeps with you is an example of quid pro quo sexual harassment.

In the same vein, a landlord cannot attempt to evict you for refusing his sexual advances.

Landlords may try to retaliate against tenants for denying sexual advances. Some examples of retaliation may include:

• Wrongful Eviction
• Increased Rent
• Forced Transfer to Another Unit
• Increased Filing of Noise and Other Tenant Complaints
• Denial of a Rental Unit

When a landlord enacts any of these options because you refused their sexual advances, they are retaliating against you. You have the right to fight retaliation in housing. The dedicated sexual harassment lawyers at the Derek Smith Law Group can help you get justice against your landlord for sexual harassment and retaliation.

If you plan on filing a lawsuit, you will need evidence to prove your claim. Collect as much evidence as possible both before and after consulting with an attorney. Some types of evidence may include:

• Any emails or text messages relating to the harassment
• Any witnesses to the sexual harassment
• What occurred
• Where it occurred
• When it occurred
• Any video or photo evidence
• A copy of your lease
• Copies of all canceled rent checks
• Any medical records relating to the incident, if available
• Any police records relating to the incident, if available
• Any other evidence which may support your claim

The time limit to file a sexual harassment claim with the Department of Urban Housing and Development (HUD) is one year. HUD will investigate your claim and help you work towards mediation.

However, you have the right to file your claim in federal court as well. The time limit to file your claim in federal court is two years.

Each state law offers its own statute of limitations for sexual harassment in housing claims. Speak with a qualified lawyer in your state to learn more about your legal options.