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20
Years of Service
$50M
Recovered
99%
Success Rate
If you or someone you know has been the target of Landlord Sexual Harassment, or dealt with sexual misconduct, inappropriate statements by a landlord, or requests for sexual acts in lieu of rent, call Tobener Ravenscroft LLP to speak to a tenant rights attorney at 415-504-2165.
Sexual harassment can be classified as a form or sex discrimination. Sexual Harassment in itself is an abuse of power that is not always driven by a landlord’s sexual desire for a tenant. Instead, sexual harassment can be the result of discrimination towards a tenant on the basis of their sex. For example, a male landlord’s hate or aggression towards a female tenant can manifest through statements like, “Why don’t you have a husband to run your household?” or “You need a man to stay with you in this unit!” or “I will only accept rent from your partner!”
Quid pro quo sexual harassment occurs when a landlord requires a tenant to engage in unwanted sexual conduct as a condition to the tenant obtaining or maintaining their housing. Quid pro quo harassment can arise when a landlord demands sexual favors from a tenant in exchange for not raising the rent, threatens to evict the tenant if they do not have sex with the landlord, or says they will only make repairs to the unit in exchange for naked photos of the tenant. Often, a landlord sexually harassing a tenant will not make such overt demands. Instead, a landlord may make statements that imply a sex-for-rent agreement, such as, “If you do me some personal favors, I will forgive your rent.”
Hostile environment sexual harassment is when a landlord engages in sexual behavior that is severe and pervasive enough that it results in a hostile, intimidating, offensive, or undesirable environment. Unlike quid pro quo harassment, the landlord does not need to condition a tenant’s housing on sexual conduct, but rather, the tenant’s housing is negatively impacted by the landlord’s unwanted sexual behavior. For example, a hostile housing environment can arise when the landlord repeatedly asks a tenant about their sex life, makes comments about the tenant’s body, texts or emails the tenant pictures of their private body parts, or touches the tenant inappropriately.
The California Fair Employment and Housing Act (“FEHA”) Government Code section 12900 et seq., prohibits housing discrimination on the basis of, among other things, sex/gender. Cal. Gov’t Code § 12955(a). Although FEHA forbids sex discrimination in housing, it does not enumerate sexual harassment by a landlord as a form of actionable sex discrimination under FEHA. Cal. Gov’t Code § 12927; Brown v. Superior Court, 55 Cal. App. 4th 767, 774 (1997).
After the creation of FEHA, the California state legislature directed that the FEHA be construed liberally to accomplish its purpose. The purpose of FEHA is to prohibit retaliation, discrimination, and harassment against a person in all terms and conditions of their employment or housing based on a list of protected categories, including sex. In 1993, the court in Brown v. Smith took advantage of the legislature’s direction and their statutory intent behind FEHA. The court determined that it is consistent with the purpose of FEHA to read the statute as baring sexual harassment because it is a type of sex discrimination. 55 Cal. App. 4th at 774; see also Honce v. Vigil, 1 F.3d 1085, 1089 (10th Cir. 1993). As a result, sexual harassment became actionable under FEHA.
The legal principals and resources in employment cases can be applied to the housing context. Beliveau v. Caras, 873 F. Supp. 1393, 1397 (C.D. Cal. 1995).
In the housing context, there is a two-year statute of limitations to bring a private action for sex discrimination or sexual harassment in violation of FEHA against a landlord or an agent or a landlord. A tenant may be awarded actual damages, punitive damages, emotional discuss, and attorney fees.
The Unruh Civil Rights Act prohibits a housing provider from denying tenants their full and equal accommodations, advantages, facilities, privileges, and/or services because of his/her sex. Cal. Civ. Code § 51. Much like FEHA, sexual harassment by a landlord is not expressly enumerated as a form of actionable sex discrimination under the Unruh Civil Rights Act. Cal. Civ. Code § 51. To remedy this issue, the California state legislature created a separate cause of action under Civil Code section 51.9 for sexual harassment. Under this state statute, an individual may sue another for sexual harassment in a business, service, or professional relationship, such as the landlord-tenant relationship. Cal. Civ. Code § 51.9. The following factors must be met in order to bring a legal claim against a landlord of their agent under this statute:
Under Civil Code section 51.9, a tenant has two years to bring a private claim of sexual harassment against their landlord or the landlord’s agent for the discriminatory or harassing conduct. A tenant may be awarded actual damages, treble damages, punitive damages, emotional discuss, and attorney fees.
Sexual harassment and sex discrimination may manifest into violence. In such instances, Civil Code section 51.7 (“Ralph Act”) offers protections for tenants. Under the Ralph Act, tenants are protected from any violence or intimidation by threat of violence motivated by sex, gender, or other similar characteristic or trait. Cal. Civ. Code §51.7.
Under Civil Code section 51.7, a tenant has three years to bring a private claim against their landlord or the landlord’s agent. A tenant may be awarded actual damages, punitive damages, emotional discuss, and attorney fees. A landlord may also face a civil penalty of $25,000, which is awarded to the tenant.
award obtained in transgender discrimination case, plus an agreement to force the property manager to implement anti-discrimination training and protections. The property manager engaged in a pattern of discrimination that included banning a transgender tenant from using the community pool and making transphobic comments.
Award on behalf a young mother of three was sexually harassed by the PM after he made several unwanted sexual advances and offered free rent in lieu of sex. She was also forced to live with cockroaches, rodents, bedbugs, a leaky toilet, peeling paint, a gas leak, and no heat. Settled
Award on behalf of a female tenant who resided in a rent-controlled apartment in San Francisco for ten years before she was forced out when the on-site property manager, who was the landlord’s son, sexually harassed her for more than a year. He asked her out on dates, sent her explicit text messages, and while in her apartment for repairs, told her he wanted to sleep with her.
Award for young women who were sexually harassed by the owner of a multi-uinit property. The owner routinely made disgusting and degrading statements to the women and/or to their male roommates about the women. The tenants were also forced to live with inadequate heat, a dilapidated bathroom, a bathtub continuously full of gray standing water, excessively damp walls, water intrusion, leaking kitchen sink, a severe leak in the bedroom, airborne particulates, and window leaks.
Taking legal action against a perpetrator can be a scary and complicated process. If you or someone you know has been the target of sexual misconduct or inappropriate statements by a landlord, or requests for sexual acts in lieu of rent, call Tobener Ravenscroft LLP to speak to a tenant rights attorney at 415-504-2165.
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