Harassment
FAIR HOUSING AND HARASSMENT
The Fair Housing Act protects tenants and housing applicants from harassing conduct that is based on one's membership in a protected class. Harassment claims primarily fall into two categories: Quid Pro Quo and Hostile Environment Harassment.
Quid Pro Quo harassment includes unwelcome requests or demands, either explicitly or implicitly, as a condition in exchange for accessing housing. Sexual harassment in housing can take the form of demands for sex or sexual acts in order to buy, rent, or continue renting a home.
Hostile Environment Harassment refers to unwelcome conduct that is sufficiently severe or pervasive as to interfere with your ability to be comfortable or enjoyment of services. This can include sexual harassment as well as harassment based on other protected classes such as race, national origin, disability, or gender identity.
EXAMPLES OF HARASSMENT IN HOUSING:
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Acting in an abusive way like cursing or berating you or using derogatory slurs related to your protected class
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Physically threatening you or those close to you
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Changing your locks or trying to force you out of your apartment without a court order
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Removing any of your furniture or belongings
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Interrupting or turning off your heat or utilities
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Giving lease violations or taking you to court without a legitimate cause
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Surveilling you while you’re inside your home or calling or physically showing up to your job or homes of family members, calling at odd hours, etc.
EXAMPLES OF SEXUAL HARASSMENT IN HOUSING:
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Quid Pro Quo
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A landlord tells an applicant he won’t rent her an apartment unless she has sex with him.
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A landlord offers discounted rent or security deposit or forgiveness of back rent in exchange for sexual acts.
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A property manager evicts a tenant after she refuses to perform sexual acts.
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A maintenance man refuses to make repairs unless a tenant gives him nude photos of herself.
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Hostile Environment
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A landlord subjects a tenant to severe or pervasive unwelcome touching, kissing, or groping.
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A property manager makes severe or pervasive unwelcome, lewd comments about a tenant’s body.
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A maintenance man sends a tenant severe or pervasive unwelcome, sexually suggestive texts and enters her apartment without invitation or permission
If you think you have been the victim of harassment and would like to report an incident, please contact us for assistance.
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RESOURCES
US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) RESOURCES:
OTHER NATIONAL RESOURCES:
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Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act - 63054 Federal Register/Vol. 81, No. 178/Wednesday, September 14, 2016/Rules and Regulations
NYS AND OTHER RESOURCES
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Immigration Status, Housing Discrimination, and Tenant Harassment Frequently Asked Questions - NYS HCR - June 2017
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Immigrant Tenant Rights -A Guide to Tenant Protections Against Harassment and Discrimination - NYS Attorney General's Office 2021
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New York Housing Rights for Foreign-Born Tenants - NYS HCR Flier
OTHER RESOURCES: