Harassment & Fair Housing

Sexual Harassment in Housing is illegal, as is harassment based on race, color, religion, national origin, familial status, or disability. All property owners and managers are responsible for helping ensure their housing is free from discriminatory harassment of any type. By explaining what harassment is, who can be liable for it, and the steps you can take to help prevent and address it, this fact sheet can help you ensure you meet your Fair Housing Act obligations.

Topics covered include:
Understanding Harassment in Housing and when sexual harassment is illegal.

File Fair Housing Act Complaint with HUD:
Online: www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint

By phone: (800) 669-9777 or Federal Relay Service/TTY: (800) 877-8339

File Equal Access Rule Complaint with HUD:
Contact Local HUD Office and/or contact the PHA that issued the housing assistance voucher.

PREVENTING and ADDRESSING HARASSMENT in Housing Fact Sheet for Property Owners and Managers
U.S. Department of Housing and Urban Development

Sexual Harassment in Housing is Illegal, as is harassment based on race, color, religion, national origin, familial status, or disability. All property owners and managers are responsible for helping ensure their housing is free from discriminatory harassment of any type. By explaining what harassment is, who can be liable for it, and steps you can take to help prevent and address it, this fact sheet can help you ensure you meet your Fair Housing Act obligations.

Understanding Harassment in Housing:
The Fair Housing Act prohibits harassment, retaliation, and other types of discrimination in housing because of race, color, religion, sex, disability, familial status (households with children under age 18, including persons seeking custody or who are pregnant), or national origin.

Owners and property management employees and agents can all be liable for harassment, as can tenants who harass other tenants.

HUD's Equal Access Rule prohibits owners with Housing Assistance Payments (HAP) contracts from making housing unavailable because of an applicant's or resident's actual or perceived sexual orientation, gender identity or marital status.

Sexual Harassment is Illegal When:
An owner or property management employee or agent makes submission to unwelcome demands for sex, sexual favors, or any other type of sexual conduct a condition of obtaining, maintaining, using or enjoying housing (or housing related services).

Examples:

• Demanding nude photos in return for approving a rental application.
• Requesting sexual favors in return for making needed repairs.
• Evicting a person because that person refuses to have sex.

AND/OR

An owner or property management employee or agent subjects a resident or applicant to unwelcome sexual conduct that is sufficiently severe or pervasive that it interferes with that person's right to obtain, maintain, use, or enjoy housing (or housing-related services).

Examples:

• Persistently making unwelcome and lewd comments about a resident's body.
• Touching an applicant's intimate body parts without his or her consent.
• Repeatedly sending unwelcome sexually explicit text messages and photos to a tenant.