Most Read Contributor in United States, August 2016
Last month, the U.S. Department of Justice (DOJ filed a new Fair
Housing Act (FHA) complaint in U.S. District Court for the Eastern
District of Missouri asserting that two landlords in St. Louis
subjected female residents at their property to sexual harassment
and retaliation. The lawsuit, which resulted following an
administrative complaint filed with the U.S. Department of Housing
and Urban Development, asserts that the offensive harassment
included conditioning housing or housing benefits on an agreement
to engage in certain sexual acts, coercing female residents to
engage in unwelcome sexual acts, subjecting female residents to
unwelcome physical touching, making inappropriate sexual comments
and advances to female residents, as well as taking adverse actions
against female residents who refused the sexual advances.
While there can absolutely be gray areas in the law from time to
time concerning if certain conduct violates the FHA, and while I
cannot comment on the merits of the specific allegations here and
recognize there are always two sides to every story, professional
apartment management (including our leasing and service employees)
must be trained to prevent and report sexual harassment. This one
is not hard. Engage with our residents? Yes.
Welcome applicants and work to turn prospects into residents?
Sure. Inappropriately touch or otherwise demand anything
sexual in return for housing or housing benefits? No.
Simple as that.
You might want to speak with a lawyer like me and your Human
Resources contact if you believe anyone at your property is
harassing a resident (or employee). Related issues can include what
happens if an employee of a vendor at your community harasses a
resident (I have a case like this right now) or if a resident
harasses another resident (I had this case a couple of years
Just A Thought.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The word "defalcation" remains one of the more frightening terms in the title insurers' lexicon. But with the proper training, preparation, and response, defalcations can be managed, and the title insurers' exposure controlled.
If you own both property and a business, it just makes sense to lease the property to your business, right? Not always—this approach could be costly tax-wise, especially in light of the 3.8% net investment income tax.
Governor Brown signed into law AB 1793, which amends the requirements under Business & Professions Code § 7031 for a contractor to establish "substantial compliance" with state contractor licensing requirements.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).