An unwelcome request or demand may constitute quid pro quo harassment even if the individual acquiesces to the request or demand. It is illegal for a housing provider to demand sexual favors in exchange for housing, rent reduction, or for making repairs. Just one incident of quid pro quo harassment can constitute sexual harassment. Quid pro quo (meaning something for something) involves subjecting a person to an unwelcome request or demand and making submission to the request or demand a condition related to the person’s housing, such as, “Go out with me and I’ll reduce your rent” or “Go out with me and I’ll fix your roof” constitute unlawful sexual harassment under the Fair Housing Act. The Fair Housing Act covers two types of harassment: quid pro quo and hostile environment. The rule also provided definitions for “quid pro quo” (this for that) harassment and “hostile environment” harassment, offered examples of such harassment, and clarified housing providers’ liability for harassment or discrimination by agents and third parties.īy establishing consistent standards for evaluating claims of quid pro quo and hostile environment harassment, the rule provides clarification and guidance to providers of housing and housing-related services seeking to ensure that their properties and businesses are free of unlawful harassment. This rule formalized the standards for evaluating claims of hostile environment and quid pro quo harassment in the fair housing context. To remedy this lack of clarity, in September 2016 HUD’s Office of Fair Housing and Equal Opportunity published a final rule entitled Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act. Until 2016, however, standards for assessing harassment claims had not been formalized in regulation. The courts and Department of Housing and Urban Development have long considered harassment based on race, color, national origin, religion, sex, familial status, and disability to be prohibited under the Fair Housing Act. As a landlord, you can also be held liable for the actions of third parties, such as other tenants, if it can be shown that you knew or should have known of the harassing behavior and did not take any action to correct it when you had the ability to do so. Be sure that you have a harassment policy for any employees or property managers and make sure your employees are aware of the consequences of committing harassment. Landlords and other housing providers are responsible for preventing harassment and taking steps to stop harassment if it occurs. Every year many housing discrimination complaints and lawsuits are filed against landlords, agents, property managers, and maintenance workers alleging persistent, pervasive sexual harassment or “quid pro quo” harassment, where the perpetrator demands sex in exchange for rent or repairs. Sexual harassment and harassment based on any of the other state and federally protected classes is illegal under state and federal fair housing laws.
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