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LSNJ LAW Home > Legal Topics > Housing > Housing Discrimination

Sexual Harassment in Housing

 

Sexual harassment in housing is a form of gender-based discrimination. As such, it violates state and federal civil rights laws. There are two main types of such harassment:

  • “Quid pro quo” harassment, where the housing provider (the real estate broker, property owner, landlord, manager, or one of their employees) offers a benefit in exchange for sexual favors or imposes a threat if a sexual advance is refused.
  • Hostile environment, which is when a housing provider subjects a tenant to severe or pervasive unwelcome sexual conduct.

What are some examples of sexual harassment in housing?

  • A landlord tells an applicant that they won’t rent an apartment unless the applicant has sex with them.
  • A property manager evicts a tenant after they refuse to perform sexual acts.
  • A maintenance person refuses to make repairs unless a tenant shares nude photos of themselves.
  • A landlord subjects a tenant to severe or pervasive unwelcome touching, kissing, or groping.
  • A maintenance person repeatedly makes sexually suggestive comments about a tenant’s body or clothing.

A housing provider must take action to stop such harassment if it knows or should have known about it. That is true regardless of whether the harassment is committed by a housing provider’s employees or agents, real estate brokers, or, in some circumstances, other tenants. A housing provider may not retaliate against a tenant for objecting to sexual harassment, filing a sexual harassment complaint, or for exercising or attempting to exercise any other rights under the law. A landlord may not evict a tenant just because the tenant made a complaint.

How To File a Complaint

The Division on Civil Rights enforces the New Jersey Law Against Discrimination. You can file a complaint with the Division on Civil Rights by using the NJ Bias Investigation Access System (NJBIAS) or by calling 1-833-NJDCR4U (833-653-2748) and asking a DCR receptionist to help you fill out the form on NJBIAS. To request a disability-related accommodation, please call 1-833-NJDCR4U (833-653-2748), call the Relay Service at 711, or email [email protected]. At the time of this writing, HUD’s Office of Fair Housing and Equal Opportunity will take complaints regarding violations of the Fair Housing Act. You can file a complaint online, by phone 1-800-669-9777, or by mail. See Report Housing Discrimination (from U.S. Department of Housing and Urban Development) for more information about filing a complaint.