Category: fair housing

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Sexual Harassment in Housing Affects Tenants Learn About Rights

Women's rights to privacy, reproductive health care, abortion care lost - wrongful death lawyers Helmer Friedman LLP.

Sexual Harassment in Housing: Settlements

Sexual harassment in housing is a pervasive issue that often goes unnoticed. However, a recent legal settlement has highlighted this topic, reaffirming the importance of protecting tenants from harassment and ensuring landlords are held accountable. This post will explore the details of a severe sexual harassment in housing case, its implications for tenants and landlords, and the resources available to those affected by such behavior.

Understanding the Fair Housing Act and the Sexual Harassment in Housing Initiative

To comprehend the significance of the recent settlement, we must first understand the legal framework addressing housing discrimination.

What is the Fair Housing Act?

The Fair Housing Act, enacted in 1968, prohibits discrimination in housing-related transactions based on race, color, religion, national origin, sex, disability, and familial status. This federal law ensures individuals can access and enjoy housing without fear of prejudice or harassment.

The Sexual Harassment in Housing Initiative

Launched by the Department of Justice in 2017, the Sexual Harassment in Housing Initiative aims to eradicate sexual harassment by landlords, property managers, maintenance personnel, and others in control of housing. The initiative combines enforcement actions, public awareness campaigns, and collaboration with local organizations to address this devastating issue. Since its inception, the initiative has filed 27 lawsuits and secured over $9.7 million in relief for victims.

The Allegations and Settlement in the Nolen Properties LLC Case

One of the most significant cases under this initiative involves Joel Nolen, Shirlee Nolen, and Nolen Properties LLC. Here’s a breakdown of the accusations and the ensuing settlement:

Allegations Against Joel Nolen

The Department of Justice’s lawsuit, filed in February 2023, alleged that Joel Nolen engaged in sexual harassment of female tenants for over a decade. The specific accusations include:

  • Unwelcome Sexual Acts: Allegedly forcing tenants into sexual acts in exchange for housing-related benefits.
  • Physical Violations: Engaging in unwelcome touching and entering tenants’ homes without consent.
  • Retaliation: Threatening eviction or taking other adverse actions against tenants who rejected his advances.
  • Solicitation of Explicit Content: Demanding explicit photographs from tenants or prospective tenants.

Such actions violate tenants’ rights under the Fair Housing Act and highlight tenants’ vulnerability when landlords abuse their power.

Terms of the Settlement

Under the terms of the settlement, which awaits court approval, Nolen Properties LLC has agreed to several measures:

  1. Financial Compensation:
    – A total of $960,000 will be distributed among 19 identified victims.
    – A $40,000 civil penalty will be paid to the United States.
  2. Operational Restrictions:
    – Joel and Shirlee Nolen are permanently barred from managing any residential rental properties.
    – They must hire independent property managers to oversee their rental units.
  3. Policy Implementation:
    – Staff are required to be trained on housing discrimination.
    – New policies aimed at preventing future discriminatory practices.
  4. Tenant Relief– Vacating discriminatory evictions.
    – Take the necessary steps to repair the credit of the affected tenants.

This settlement signifies a substantial win for the victims and sets a precedent for similar cases.

Implications for Landlords and Tenants

What This Means for Landlords

The settlement against Nolen Properties LLC sends a powerful message to landlords and property managers:

  1. Zero Tolerance for Harassment: Engaging in or enabling sexual harassment is a direct violation of the Fair Housing Act and will result in legal repercussions.
  2. Training and Policies Matter: Proactively implementing non-discrimination policies and training programs can prevent violations and protect both tenants and property owners.
  3. Accountability is Non-Negotiable: This case demonstrates that landlords can face severe consequences, including financial penalties and restrictions on property management.

Empowering Tenants

For tenants, this case underscores the importance of knowing their rights:

  1. Safe Housing is a Right: Every tenant deserves to feel safe in their home, free from harassment or retaliation.
  2. Speak Up Without Fear: Reporting harassment can lead to accountability for landlords and justice for victims.
  3. Access to Legal Support: Resources are available to assist tenants who experience housing discrimination or harassment.

Resources for Victims of Sexual Harassment in Housing

If you or someone you know has faced housing discrimination or sexual harassment, there are resources to help:

  1. Justice Department’s Housing Discrimination Tip Line:
    – Call 1-800-896-7743 for assistance or to report incidents.
  2. Submit a Report Online:
    – File a complaint via the Justice Department’s Civil Rights Division at justice.gov/crt.
  3. Department of Housing and Urban Development (HUD):
    – Call 1-800-669-9777 or visit HUD’s Fair Housing Complaint Page to report your case.
  4. Legal Aid Services:
    – Many states offer free or low-cost legal aid services for tenants dealing with discrimination.
  5. Local Fair Housing Organizations:
    – Community-based organizations may provide direct support or advocacy for tenants.

Ongoing Efforts to Combat Sexual Harassment in Housing

This settlement is a step forward, but the fight against sexual harassment in housing requires continued vigilance. Public awareness campaigns, stricter enforcement of the Fair Housing Act, and more robust tenant protections are essential to creating a future where all individuals can live without fear of harassment.

If you believe you’ve been a victim of housing discrimination or harassment, don’t hesitate to use the resources listed. Seeking justice protects your rights and helps create safer environments for others.

Justice starts with speaking out.

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Sexual Harassment and Retaliation of Tenants

Sexual harassment retaliation by landlord.

Dad, Son Refused to Fix Tenant’s Gas Leak After She Reported Sexual Harassment

The Justice Department filed a lawsuit against Javier Salazar Jr., Javier Salazar Sr., and Ricardo Covarrubias, a maintenance worker, the manager, and the owner, respectively, of rental properties in Bakersfield, California, alleging sexual harassment and retaliation in violation of the Fair Housing Act.

Preying on renters who have few housing options is abhorrent and illegal.

The lawsuit, filed in the U.S. District Court for the Eastern District of California, alleges that Javier Salazar, Jr., a maintenance worker, sexually harassed a female tenant from December 2018 through March 2019 by repeatedly asking the tenant to engage in sexual acts with him, asking her to be in a relationship with him, describing the sexual acts he wished to engage in with her and persistently commenting on her appearance.

The Justice Department is committed to holding accountable any person in the housing sector who sexually harasses, assaults or retaliates against tenants, from the housing owner to the maintenance worker. A home should be a place of refuge and sanctity, not sexual assault and exploitation, and we will continue to use the Fair Housing Act to hold violators accountable.

According to the complaint, on two occasions, Javier Salazar Jr. touched the tenant’s body without her consent. He secretly took digital photographs of framed print pictures in her home of her and her daughter. The tenant reported Salazar Jr.’s conduct to Salazar Sr., who was both the property manager and Salazar Jr.’s father. After she reported the harassment and threatened to contact a lawyer or the police if it continued, the Salazars refused to fix a leaking gas line in her dwelling, causing her to go without heat for one month and consequently forcing her to move out. The complaint also alleges that the property owner, Covarrubias, is vicariously liable for the Salazars’ conduct because they were his agents when they engaged in sexual harassment and retaliation.

“Sexual harassment in rental housing preys on tenants who are especially vulnerable, including those who rely on their housing provider for critical maintenance services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to holding accountable any person in the housing sector who sexually harasses, assaults or retaliates against tenants, from the housing owner to the maintenance worker. A home should be a place of refuge and sanctity, not sexual assault and exploitation, and we will continue to use the Fair Housing Act to hold violators accountable.”

“For four months this tenant refused the repeated sexual advances by the maintenance worker at her rental home, and when she reported the sexual harassment, she faced retaliation,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The actions of Salazar Jr. and the failure or refusal of Salazar Sr. and Covarrubias to act on the tenant’s behalf caused her harm and distress. The U.S. Attorney’s Office will hold accountable any landlord who enables or engages in sexual harassment in violation of the Fair Housing Act.”

“Preying on renters who have few housing options is abhorrent and illegal,” said Principal Deputy Assistant Secretary Demetria McCain of the Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. “HUD will continue to work with DOJ to enforce the law and protect tenants.”

The lawsuit arose from a complaint the former tenant filed with HUD. After HUD investigated the complaint, it issued a charge of discrimination, and the matter was referred to the Justice Department. The lawsuit seeks monetary damages to compensate the victim and a court order barring future discrimination.

The Justice Department’s Sexual Harassment in Housing Initiative is part of the Civil Rights Division in coordination with U.S. Attorney’s Offices nationwide. The initiative aims to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the Initiative in October 2017, the Justice Department has filed 34 lawsuits alleging sexual harassment in housing.

The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status.

Individuals who believe that they may have been victims of sexual harassment by Javier Salazar Jr., or at rental dwellings owned or managed by Ricardo Covarrubias or Javier Salazar Sr., or who have other information that may be relevant to this case should call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at
fairhousing@usdoj.gov, or submit a report online.

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Sexual Harassment Lawsuit Filed Against Ohio Landlord

Sexual abuse causes long term harm to victims.

The Justice Department has filed a lawsuit against Joseph Pedaline, owner and manager of residential rental properties in Youngstown, Ohio, for sexually harassing female tenants in violation of the Fair Housing Act. Pedaline allegedly subjected tenants to repeated sexual comments, touched them without their consent, entered their homes without permission, offered to waive rent or perform repairs in exchange for sexual contact, and threatened to evict those who refused his advances. The lawsuit seeks monetary damages, a civil penalty, and a court order barring future discrimination. The Fair Housing Act prohibits housing discrimination based on race, color, religion, national origin, sex, disability, and familial status.

Read more about the case on the DOJ website.

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Kevin Kish Appointed Director of the Department of Fair Employment & Housing

Governor Jerry Brown tapped one of the state’s top young labor lawyers, Kevin Kish, 38, to be director of California’s Department of Fair Employment and Housing (DFEH), the largest civil rights agency in the nation. He replaces Phyllis Cheng, a 2008 Schwarzenegger appointee who resigned in October.

Kish graduated with a Bachelor of Arts degree in sociology/anthropology from Swarthmore College and graduated with a Juris Doctor from Yale Law School in 2004. He was admitted to the State Bar of California later in the year.

After graduating law school, Kish, a Democrat, joined Bet Tzedek Legal Services in Los Angeles, one of the nation’s premier public interest law firms. He left in 2005 to clerk for U.S. District Myron Thompson for the Middle District of Alabama for a year, but returned to the firm in 2006 after receiving a Skadden Fellowship. The Los Angeles Times described the Skadden Foundation as “a legal Peace Corps.”

Two years later, Kish became director of the firm’s Employment Rights Project, leading its employment litigation, policy and outreach initiatives. He focused on illegal retaliation against low-wage workers and cases involving human trafficking. But the firm handles a broad range of cases involving consumer rights, elder law, housing and public benefits.

In 2011, Kish was co-counsel in a class-action lawsuit that won a $1million settlement for Los Angeles carwash workers over wage theft.  Four carwash company owners agreed to compensate around 400 workers for routinely working 10-hour days for less than half the minimum wage. Some of the workers toiled for just tips.

Kish and lawyers from two other firms won a $21 million settlement from Walmart contractor Schneider Logistics Transloading and Distribution Inc. in May over the retailer’s alleged abuse of minimum wage and overtime payments to warehouse workers in Eastvale, California. The National Law Review found the settlement amount “staggering” but said its true significance lay in the “courts’ willingness to untangle multi-level business operations and hold all involved entities liable for wage and hour violations.”

Kish has been an adjunct professor of law at Loyola Law School in L.A. since 2012. He developed and teaches a seminar and clinical course for students to “investigate, mediate and recommend outcomes for employment retaliation claims.”
He speaks Spanish, Italian and French.

 
To Learn More:
Law Professor Chosen to Take over California Department of Fair Employment and Housing (by Jeremy B. White, Sacramento Bee)

http://www.allgov.com/usa/ca/news/appointments-and-resignations/director-of-the-department-of-fair-employment-and-housing-who-is-kevin-kish-141230?news=855224