Continuing down a path that has been highlighted in the news lately, last week the U.S. Department of Justice (DOJ) filed a lawsuit in U.S. District Court in Kansas alleging sexual discrimination under the Fair Housing Act (FHA). In the new complaint, DOJ asserted that female residents at a handful of rental properties in Kansas were subjected to egregious sexual harassment and retaliation. DOJ’s complaint named four defendants (as the properties were owned by one or more of the individuals) where the illegal conduct allegedly took place from 2010 through 2014.
This litigation started when two former residents filed administrative complaints with the U.S. Department of Housing & Urban Development (HUD). The residents asserted that one of the defendants sexually harassed them by making unwelcome advances and comments, engaging in unwanted sexual touching, and evicting residents who refused to engage in sexual conduct with him.
While the complaint still needs to be proven in court (and there are always two sides to every story), the allegations remind us that DOJ and HUD remain willing to bring actions in which this type of conduct is alleged. As apartment management professionals, we need to ensure our staff members (from ownership on down) are trained to follow the FHA, which includes a component on preventing sexual misconduct. Indeed, in October 2017, DOJ announced a new Sex Harassment Initiative. The initiative specifically seeks to increase DOJ’s efforts to protect individuals from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. DOJ also noted that it has filed or settled six sexual harassment cases since January 20, 2017, and has recovered over $1 million for victims of sexual harassment in housing.
What does this mean for property management professionals? Ensure your team members (from ownership on down) are trained to identify and prevent sexual misconduct. Don’t be the next management company or ownership group named as a defendant by DOJ or HUD following possibly inappropriate conduct by staff members.
Just A Thought.
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