Does the Fair Housing Act also prohibit sexual harassment in rental housing?
Harassment in housing or housing-related transactions on the basis of the protected classes of race, color, religion, national origin, sex, familial status or disability is prohibited under the Fair Housing Act. Sexual harassment is a form of sex discrimination that violates the Fair Housing Act.
Sex discrimination, including sexual harassment, that impacts the terms or conditions of housing used as a basis for housing decisions; has the purpose or effect of unreasonably interfering with housing rights; or creates an intimidating, hostile, or offensive environment is illegal.
HUD has formalized standards for use in investigations, administrative adjudications, and cases brought in federal and state courts under the Fair Housing Act involving allegations of harassment on the basis of race, color, religion, national origin, sex, familial status or disability.
The Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing Act guidance specifies how HUD will evaluate complaints of quid pro quo (“this for that”)harassment and hostile environment harassment under the Act.
Quid pro quo harassment refers to an unwelcome request or demand to engage in conduct where submission to the request or demand, either explicitly or implicitly, is made a condition related to: the sale, rental or availability of a dwelling; the terms, conditions, or privileges of the sale or rental, or the provision of services or facilities in connection therewith; or the availability, terms, or conditions of a residential real estate-related transaction. An unwelcome request or demand may constitute quid pro quo harassment even if a person acquiesces in the unwelcome request or demand.
Hostile environment harassment refers to unwelcome conduct that is sufficiently severe or pervasive as to interfere with: The availability, sale, rental, or use or enjoyment of a dwelling; the terms, conditions, or privileges of the sale or rental, or the provision or enjoyment of services or facilities in connection therewith; or the availability, terms, or conditions of a residential real estate-related transaction. Hostile environment harassment does not require a change in the economic benefits, terms, or conditions of the dwelling or housing-related services or facilities, or of the residential real-estate transaction.