What is sexual harassment in housing?
Sexual harassment in housing is an illegal form of sex discrimination. Sexual harassment exists in two categories: 1) quid pro quo sexual harassment; and 2) hostile environment sexual harassment.
Quid pro quo sexual harassment exists when a housing provider demands sex or other unwelcome sexual conduct in exchange for housing or other housing related services. For example:
- A landlord refuses to rent to you unless you agree to have sex with them.
- A landlord evicts you after you refuse to perform sexual acts.
- A maintenance person requests a sexual favor in return for making repairs
Hostile environment sexual harassment exists when a housing provider engages in unwelcome sexual conduct that is severe or pervasive and interferes with a person’s right to access, maintain, or use and enjoy housing or housing-related services. For example:
- Your landlord repeatedly makes unwelcome, sexually suggestive comments about you.
- A property manager touches, kisses, or gropes you.
- A maintenance person repeatedly sends you sexually suggestive text messages and enters your apartment without consent.
This conduct may be illegal sexual harassment even if the victim said “yes,” was behind on rent, or has a poor rental or criminal history.
Is sexual harassment in housing illegal?
Yes. Under federal law, including the Fair Housing Act, individuals are protected from discrimination in housing based on sex. Sexual harassment from a housing provider is considered sex discrimination under these laws.
Does the law protect me from sexual harassment in housing by people other than my landlord or the property owner?
Yes. Your landlord or property owner also must ensure that their employees do not engage in sexual harassment. These employees may include any of your landlord’s property managers, maintenance workers, or contractors. Your landlord may be held liable for the actions of these employees if: 1) they knew or should have known the employee engaged in sexual harassment; and 2) they did not take corrective action.
You are also protected from sexual harassment by other tenants. Landlords may be held liable for tenant-on-tenant harassment when they know another tenant is harassing you and they fail to take corrective action.
Does the law protect me from sexual harassment when I am searching for housing or housing assistance?
Yes. Even before you become a tenant, the law protects you from sexual harassment when searching for housing and housing assistance. For example, a landlord may not refuse to consider your rental application, adjust the rent they demand for a unit, or show you only undesirable units for a sexually discriminatory reason.
Public housing authorities are barred from engaging in sex discrimination, including sexual harassment, in any of their application, income certification, or property inspection processes. For example, a housing authority inspector may not refuse to approve your desired voucher unit because you refuse to perform a sexual act on them.
Does the law protect me from sexual harassment by a person of the same sex?
Yes. Sexual harassment does not need to be committed by a person of the opposite sex for it be a violation of your rights.
In addition, sexual harassment does not need to be motivated by sexual desire. Sexual harassment can be motivated by hatred or hostility as well as desire, but it is illegal regardless of the motivation.
Does the law protect me from discrimination in housing because of my sexual orientation or gender identity?
Yes. Individuals are protected under the Fair Housing Act from discrimination in housing because of their actual or perceived sexual orientation or gender identity. For example, a housing provider may not refuse to rent to an individual because they know or suspect the individual is gay or transgender.
The Department of Housing and Urban Development also operates its housing programs under the “Equal Access Rule,” requiring all of their eligibility decisions to be made without regard to actual or perceived sexual orientation and gender identity.
What can I do if I have experienced sexual harassment from a housing provider?
If you have experienced sexual harassment from a housing provider, you have options. First, you may file a complaint with the Departments of Justice and/or Housing and Urban Development. These federal agencies share responsibility for enforcing the Fair Housing Act by investigating incidents of reported discrimination, pursuing sanctions against violators, and instituting remedies for victims. See our post with additional information about how to file a sexual harassment in housing complaint.
You also have the option of filing an independent lawsuit against your housing provider.
What remedies might be offered to me if I have experienced sexual harassment in housing?
Where appropriate, victims of sexual harassment in housing may be able to receive:
- Money damages for the harm caused by any relevant harassment you experienced;
- a transfer to new housing;
- an order requiring the landlord to stop their harassing conduct; and/or
- an order requiring the landlord to take steps to prevent future harassment.
Can my landlord retaliate against me for filing a complaint against them?
No. It is illegal under federal law for a landlord to retaliate against anyone for exercising their fair housing rights, including their right to be free from sexual harassment. If you believe your landlord is retaliating against you for making a complaint, you may report this behavior and your landlord may face additional sanctions.