Fair Housing and Sexual Harassment
Fair Housing Law recognizes two types of sexual discrimination.
- An owner/manager requires sexual favors for a rental unit, maintenance or to avoid an eviction.
- A hostile work environment, which has to do with creating living
environments that are detrimental to the psychological well being of a
tenant.
The Department's enforcement program is aimed at landlords who create
an unhealthy environment by demanding sexual favors from tenants
or by creating a sexually hostile environment for them. Federal law
recognize an essential relationship between landlord and tenant. The landlord or owner has a certain power over the living
situation of the tenant, or the workers and
agents of the owner/manager. The owner/manager should protect him/herself.
- It is a good idea to have a discussion
with contractors and a clear written policy defining the legal
guidelines.
- If you are a professional property manager you should have
these guidelines in your procedures manual.
- You may be responsible for
the action of others you hire or who represent you.
- It is a good idea to know more about who you hire by doing a background report on all new employees
Some tricks that can help minimize the risks involved with sexual harassment suits.
- Have a written procedure regarding what to do when you or your employees think they are in an inappropriate situation.
-
Except for emergencies, leave any unit when inappropriate behavior such
as flimsy dress or inappropriate comments or gestures occurs.
-
Do not touch or allow touching to take place. Leave immediately. If you
are an owner/ manager document this and advise the occupant to please
refrain from inappropriate behavior. Never enter that unit alone, if
possible. Ask someone else to handle all issues with that occupant.
-
No one should enter an apartment without a reason. One should have a
written work order or an obvious emergency before entering.
- Always
knock loudly and announce yourself. Never just open the door or
surprise someone.
- Never enter a unit with only a minor child present.
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