ft. Emily Collins, Civil Rights Specialist Contractor for The United States Attorney’s Office of the District of Vermont

This guest blog feature is by Emily Collins, a Civil Rights Specialist, Contractor for Vermont’s United States Attorney’s Office . The United States Attorney’s Office is one of the resources available for folks who want to file a complaint about housing discrimination, particularly if there are patterns or practices of discrimination. CVOEO’s Fair Housing project welcomes our partners to add their voices to our Thriving Communities blog. Please send inquiries to fhp@cvoeo.org

Understanding Protections Against Sexual Harassments in Housing

The COVID-19 pandemic has underscored the importance of having a home that feels safe and secure. Unfortunately, the pandemic and its economic effects have also made finding and maintaining a safe home difficult for many. Particularly now, it is important to understand rights and legal protections that apply in the housing context. One of those protections is often overlooked: that sexual harassment in housing is illegal. Specifically, it is illegal discrimination under the federal Fair Housing Act for someone with control over your housing to sexually harass you.

What does sexual harassment in housing look like?

This usually shows up in one of two different ways. First, it is illegal housing discrimination if someone in control of your housing offers a housing benefit in exchange for something sexual like a sexual act—or if they threaten a bad housing related-action like eviction if you refuse to comply with their sexual demand. This type of harassment is sometimes called “quid pro quo” harassment and can sound like the following:

“I will drop the fee if you…”

“You can pay your rent late if you…”

“We can fix that if you…”

“You’ll get evicted unless you…”

These sorts of offers or demands can be illegal sexual harassment in housing even if the target of the harassment agrees to the sexual demand.

Second, someone with control over housing engages in illegal housing discrimination if they engage in unwelcome sexual conduct that is so severe and pervasive that it interferes with your ability to enjoy your home. This sort of unwelcome sexual conduct can include:

• making sexual comments,
• unwelcome sexual touching,
• exposing themselves,
• showing pornography,
• or repeatedly entering a home at inappropriate times, such as bath time or bedtime.

What does it mean for someone to have control over my housing?

The definition of housing under the Fair Housing Act is very broad –the law can protect you if you’re a renter, looking to buy a home, living in temporary housing, receiving public assistance, or not receiving public assistance. It includes houses, condos, apartments, rooms in boarding houses, and many other living situations.

Similarly, not only landlords or owners can engage in illegal sexual harassment in housing. Property managers, maintenance workers, housing authority employees, or anyone else with the ability to affect your housing may violate the law by engaging in housing-related sexual harassment.

OK, I understand what illegal sexual harassment in housing looks like, but what can I do about it?

The Department of Justice launched a Sexual Harassment in Housing Initiative in 2017 to address this issue, and has reaffirmed its commitment to the Initiative during the pandemic.

The United States can file lawsuits to address sexual harassment in housing when it believes that a harasser has engaged in a pattern or practice of sexual harassment in housing. Often the targets of this harassment believe that they are alone, but DOJ’s investigations have shown that many harassers target multiple people in the same or similar ways—often over the course of many years.

Since 2017, DOJ has investigated numerous reports of sexual harassment in housing. It has filed about twenty lawsuits around the country and has recovered over two million dollars for victims of harassment.

Here in Vermont, U.S. Attorney Christina Nolan is helping to coordinate this nationwide Initiative, and our U.S. Attorney’s Office is committed to investigating reports that Vermonters are being sexually harassed by those in control of their housing. As U.S. Attorney Nolan has said in the past, “It is always despicable to exploit vulnerabilities by sexually harassing those in need of housing. Doing so during a global pandemic, when so many are struggling just to make ends meet, is particularly abhorrent.”

If you or someone you know may have been a victim of sexual harassment in housing, you may file a complaint with any of the following federal offices:

• With the Civil Rights Program of U.S. Attorney’s Office for the District of Vermont

• With the US Department of Justice’s Civil Rights Division

• With the US Department of Housing and Urban Development

There may also be help available from state agencies or legal assistance offices. The important thing is to tell someone. Sexual harassment in housing is illegal, and too many people suffer silently believing that they are the only one being targeted. Reporting this behavior could be the first step to helping you feel safe and secure in your home and ensuring that others are not put in a similar situation.