The federal Fair Housing Act (“FHA”) prohibits discrimination in housing based on a person’s race, color, religion, national origin, sex, familial status, and disability.
Sex Discrimination May Include:
- Refusing to rent or sell to someone, or treating someone differently, because of their gender.
- Refusing to rent or sell to someone, or treating someone differently, because of their gender identity or gender expression.
- In HUD-funded properties and programs, including shelters and public housing, refusing to negotiate or treating someone differently because of their sexual orientation.
- In some instances, treating someone differently because they are a survivor of domestic violence. Click here for more information about fair housing protections for survivors of domestic violence.
- Sexual harassment by a housing provider or administrator.
Sexual Harassment is Discrimination under Fair Housing Laws
- It is illegal for your landlord to try to evict you or raise your rent for reporting sexual harassment
- It is also illegal to coerce, intimidate, or interfere with a person seeking to exercise rights under the Fair Housing Act
What is Sexual Harassment?
There are generally two types of sexual harassment: Quid Pro Quo and Hostile Environment. Often victims of sexual harassment suffer both.
(1) Quid Pro Quo, or “This for That,” harassment is when a housing provider asks for sex or sexual favors to avoid eviction or in exchange for free rent, repairs, excused late payments or fees, etc.
(2) A Hostile Environment is when a housing provider creates a threatening or uncomfortable environment because of unwanted sexual behavior. Examples include: when your landlord enters your unit without permission, makes unwanted sexual advances or comments, touches you, or threatens to evict you if you turn down his sexual advances.
Sexual harassment can come from a landlord, owner, manager, employee, or neighbor. It does not matter if the harasser is male or female.
What to do if you are the victim of sexual harassment in your housing?
What you should do if you believe you have experienced housing discrimination:
- Contact the Fair Housing Project and report the discrimination to us.
- Contact your local sexual assault/domestic violence agency.
- Keep a journal of incidents of sexual harassment.Write down what you experienced, including names, dates, addresses, rental terms, and any other details about your interaction.
- Keep any documents related to the harassment, including all emails and text communications.
- Following the incident, you have one year to file an administrative complaint or two years to file a lawsuit in court.
- Do not wait until you are evicted before you report sexual harassment.
Need Assistance?
Contact the Fair Housing Project. The Fair Housing Project is available to provide information concerning a person’s rights under the federal Fair Housing Act. If you believe you are a victim of housing discrimination, contact us by clicking here or by phone at 1-855-797-3247.
