Bullying and harassment by owners and management, or by other tenants, constitutes a widespread issue faced by HUD tenants, especially by the elderly and disabled. HUD historically had relied on the general standards outlined in the Fair Housing Act of 1968, Title VII of the Civil Rights Act of 1968 (which regulates harassment in the workplace), and the fair housing regulations at 24 CFR Part 100 instituted in 1989 to assess claims of harassment in housing. These regulations did not, however, define or provide examples of the kinds of harassment most commonly faced by HUD tenants, nor did they provide guidelines for evaluating claims of harassment in housing.
MAHT and its partners have long advocated for stronger HUD guidelines that define the specific kinds of bullying and harassment faced by tenants, and establish appropriate penalties and remedies. In part as a result of their advocacy, HUD instituted its Final Rule on Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing Act in September of 2016. The 2016 final rule clarified and expanded on the protections outlined in the Fair Housing Act prohibiting harassment in housing or housing-related transactions on the basis of race, color, national origin, religion, sex, disability, and familial status. The major provisions of the rule:
- Formally define quid pro quo harassment as "an unwelcome request or demand to engage in conduct where submission to the request or demand...is made a condition related to: The sale, rental or availability of a dwelling, the terms, conditions, or privileges of the sale or rental, or the provision of services or facilities...or the availability, terms, or conditions of a residential real-estate transaction"
- Formally define hostile environment harassment as "unwelcome conduct that is sufficiently severe or pervasive as to interfere with: The availability, sale, rental, or use or enjoyment of a dwelling; the terms, conditions, or privileges of the sale or rental, or the provision or enjoyment of services or facilities...or the availability, terms, or conditions of a residential real estate-related transaction."
- Formalize standards for evaluating claims of "quid pro quo harassment" and "hostile environment harassment" under the Fair Housing Act.
- Add illustrations of prohibited quid pro quo and hostile environment harassment to HUD's existing Fair Housing Act regulations
- Identify traditional principles of direct and vicarious liability for owners and managers applicable to all discriminatory housing practices under the Fair Housing Act, including quid pro quo and hostile environment harassment
Notably, the regulations recognize the uniquely "intrusive, violative and threatening" character of harassment that occurs in and around one's home, and require owners and managers to "take prompt action to correct and end" harassment or any other unlawful discrimination.
MAHT and its partners continue to advocate to HUD on the issue. Current priorities include:
- Requiring owners post HUD's Fact Sheet on preventing and addressing harassment in housing and tenant's Right to Organize
- Encourage and assist residents in filing administrative complaints of bullying and harassment
- Allowing partial Management and Occupancy Reviews to investigate bullying, upon request of tenant associations or tenant petitions
- Issuing a guidance and/or notice to owners and managers and HUD field offices about widespread bullying, that includes appropriate responses and penalties
- Assessing mandatory fines for violations of the Right to Organize (as set forth in Notice 2016-5)
- Sanctioning owners and managers who bully residents
Locally, MAHT has been working to get an anti-bullying bill passed in Massachusetts. H.1329/S.887 An Act to Prevent and Respond to Bullying of Elderly and Disabled Residents would require property owners/managers to develop a building-specific plan to prevent and remedy bullying; train residents and building staff; and address victims’ rights to seek relief and enforcement. The Fact Sheet is here.
If you believe you have been the victim of harassment or discrimination, you can contact HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY).
Housing discrimination complaints may also be filed by going to www.hud.gov/fairhousing, or by downloading HUD’s free housing discrimination mobile application.
An Act to Prevent and Respond to Bullying of Elderly and Disabled Residents