Yes. A landlord can be held responsible under the Fair Housing Act for the harassment of one tenant against another tenant, if the landlord does nothing. As the California Supreme court noted in the case of Frances v. Village Green Owners Ass’n, 42 Cal.3d 490 (1986), “The association is, for all practical purposes, the [complex’s] landlord. And traditional tort principles impose on landlords, no less than on homeowner associations that function as a landlord in maintaining the common areas of a large condominium complex, a duty to exercise due care for the residents’ safety in those areas under their control. ‘); see also Gittleman v. Woodhaven Condo. Ass’n, Inc., 972 F.Supp. 894 (D.N.J.1997) (Condo association is duty bound to regulate use of common elements so as to comply with FHA).

In the case of Francis v. Kings Park Manor, Inc., 917 F.3d 109 (2d Cir. 2019), the court ruled that a community could be liable under the Fair Housing Act for a campaign of racial harassment against an African-American resident by his neighbor. The resident claimed that his next-door neighbor began a relentless campaign of racial harassment, abuse, and threats directed toward him. The resident said he feared for his personal safety, so he contacted the police and the site management to complain. Management took no action. The resident sued the building owner, accusing the owner and manager of violating fair housing law by failing to take action to address a racially hostile housing environment created by his neighbor. In finding in favor of the tenant, the court specifically state that an owner may be liable under the Fair Housing Act for “failing to take prompt action to correct and end a discriminatory housing practice by a third-party” tenant where the owner “knew or should have known of the discriminatory conduct and had the power to correct it. According to HUD guidance, the owner may be held liable only in circumstances where the landlord had the power to take correction action yet failed to do so. In this case, the resident’s complaint adequately alleged that the owner and manager engaged in intentional racial discrimination by tolerating and/or facilitating a hostile environment, even though they had authority to “counsel, discipline, or evict the neighbor due to his continued harassment of the resident.”

Racism has become a political hot potato these days. Politicians throw around the scathing claim on a daily basis, all in an attempt to get votes. It trivializes true racism.

Racism in rental housing may not be as common as it once was, but it still exists. This article is written to explain how to deal with racism in the housing context.

Annette, an African-American, moved with a white friend of hers into a two-bedroom apartment. The friend, Julie, had lived at the complex with a different roommate for about a year, before the roommate moved out. Julie asked Annette to move in. Annette made plenty of money, and had a good rent history, so she accepted Julie’s offer. After she moved in, she submitted the customary paperwork to be added as a tenant to the lease. The problem was that the resident manager didn’t accept the move. The manager asked Annette to submit an application, then pay a $25 fee to check her credit, but then denied her application. Annette was shocked. When Annette asked for a reason, she was told, “We don’t have to give a reason.” Annette later found out that her credit had never been run. She also found out that other white tenants in similar situations were able to move white roommates in without incident. Annette was ultimately thrown out by the landlord, who called the police to make sure she left. Annette left the complex in handcuffs and tears.

Or how about the situation of Mitchell & Cynthia Wallace? They are a mixed-race couple. He’s African-American and she’s Hispanic. A white tenant in their complex took a strong disliking to their union, and would regularly toss around the N-word in their presence. When Mitchell’s cousin visited, the white tenant blatantly called the cousin the N-word to her face. The whole incident was recorded. However, when management was shown the video recording, management sought to evict the Wallaces! To make matters worse, the white tenant was allowed to remain in her unit. Management felt that this was the most peaceful solution to the problem. Management was wrong, as it had a legal obligation to stand up for the Wallaces when another tenant was racially harassing them. A landlord cannot stand on the sidelines, and claim that it’s not responsible since it is not the person committing the racism. Once management learns of racism, it must act to protect the person who is the subject of racism. If it fails to do so, the law will presume that the management was essentially a participant in the racism.

This is what real racism looks like. Housing discrimination is much more sneaky than the stuff that politicians proclaim. These incidents are clearly illegal, and you can do something about it. If you feel that you have been the victim of racial discrimination in housing, feel free to contact us via email at cpfagan@faganlegal.com or call us at (800) 572-8365. There is no charge for the initial consultation.