| Philip Seldon |
| Philip Seldon Harassment from Philip Seldon, New York |
| 24th of Apr, 2011 by User311980 |
| Philip Seldon was my renter to me and he rent me room. I trad him clean serives for the rent and was the dial. He regular came into room no invate and try to see me naked or after shower. He try to get me drunk many time for take photos me. He is pervert to women. He use photos for make money for hold over me. He tell me he delete frem camera and computer. he lie to me and al was on computer when time me to move. He no want me move so make bad news and story he no not real story. He has many cash business so no pay tax for gevernmont. He try to get me to sign documint to do ilegil thangs for pay pal money business. Leslie do now for him and pay him cash. Money come in mail every month in big cash boxes from him $11,000 and he pay rent for cash. He try to get me to do with cash. I no do since he scare me. I want him to leave alone but he harass my love sine he no have me more in life. He verry bad man and police tel me they watch. I afrid of Philip Seldon he do thangs to make calls and mail and make riun life. I tel him to stay away from me and my love. He keps calls and mail to make problem. He very sick and I tell police. I afrid he try to get me drink wine for sex to rape. He rape me past for me a forign women so no can report hem. He make me drink much may pils in drink wine for women he do. He take pictires of me naked. He no leave me or my life out his. I scare Philip Seldon. He try hurt me and say my money his money. He no stay away so me afrid. I no more rape from him or see me naked. |
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SEXUAL HARASSMENT FAIR HOUSING LAWS
Sexual harassment is against the law. Sexual harassment is a form of sex discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
* Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of housing, or
* Submission to or rejection of such conduct by a person is used as a basis for housing decisions affecting that person, or
* Such conduct has the purpose or effect of unreasonably interfering with an persons housing rights or creates an intimidating, hostile, or offensive work environment.
**The above definition emphasizes that housing harassment, to be actionable as abusive, need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive and the victim does perceive, the housing environment as hostile or abusive.
The Fair Housing Act prohibits discrimination on the basis of sex in the sale or rental of housing. The Fair Housing Act applies to all housing except:
* Owner occupied housing that contains 4 or less units of housing;
* Single family dwellings sold or rented by housing providers who own less than 4 such dwellings.
SEXUAL HARASSMENT: TYPES
A. Quid Pro Quo or this for that
This type of harassment occurs when a housing provider seeks sex or sexual favors in return for housing rights. Examples of such would include:
* A landlord terminating the lease of a female tenant who refused to have sex with him;
* A landlord refusing to do the repairs of a female tenant who refused to have sex with him;
In quid pro quo claims, it is not necessary for a housing provider to explicitly threaten eviction action when he or she made sexual demands. There only needs to be an adverse action following the refusal and a relationship between the harassing behavior and the adverse action show.
In order to make a claim of quid pro quo harassment, the following criterion must be met:
* You must be a member of a protected class;
* You must have been subjected to unwelcomed sexual advances;
* The unwelcomed sexual advances were due to your sex;
* You rebuffed the advances and were retaliated against in an adverse manner;
* Owner knew of or should have known of the harassment of his agent and failed to take action to stop it.**
B. Hostile Housing Environment
This type of sexual harassment takes place when unwelcomed sexual advances create an hostile, intimidating, or abusive environment or has the effect of impeding a tenantÌs housing rights. This may occur when a landlord makes unwanted sexual advances or touches a woman in a sexual manner when she does not want him to.
CASE LAW: New York v. Merlino, 694 F. Supp. 1101 (S.D.N.Y. 1988)
Court validated claim of female customers that real estate broker subjected them to unwanted physical touchings and suggestive comments.
Beliveau v. Cara, 873 F. Supp. 1393, 1395 (C.D. Cal. 1995)
Court found that the landlord activity of making off-color remarks, grabbing her breasts and buttocks, and putting arm around her created a hostile housing environment. In addition, the court stated that any touching would support a sexual harassment claim under the Fair Housing Act.
In order to bring a hostile housing environment case the following criterion must be met:
* You must be a member of protected class;
* You must have been subjected to unwelcomed and extensive sexual harassment in the form of sexual advances, requests for sexual favor, and other verbal or physical conduct of a sexual nature, which has not been solicited or desired and which is viewed as undesirable or offensive.
* The sexual advances or harassment were based on their sex;
* The sexual advances or harassment makes your tenancy burdensome and significantly less desirable than if the harassment were not occurring;
* The owner knew or should have known about the sexual advances or harassment and failed to stop it.
A court will review the following factors in deciding whether or not a plaintiff has proven all elements of her claim. Some of the factors are:
* The frequency of the unwanted sexual behavior;
* Its severity;
* Whether it is physically threatening or humiliating, as opposed to a mere offensive utterance;
* Whether the conduct resulted in psychological harm, although a woman does not have to prove psychological harm in order to prove that she was subject to a hostile environment.
While one act can establish quid pro quo claim, most courts have ruled that a series of harassing acts are need to establish a hostile environment claim.
SEXUAL HARASSMENT - PARTIES
A. Aggrieved Parties
Any person who has been sexually harassed in connection with their housing - apartment, house, homeless shelter, or trailer - has a right to file a sexual harassment claim. An aggrieved person is any person who:
* Claims to have been injured about a discriminatory housing practice;
* Believes that such person will be injured by a discriminatory housing practice that is about to occur.
An injury may be tangible or intangible. Moving costs or higher rent for alternative housing are examples of tangible injuries. Examples of intangible injuries would include loss of housing or school choice and humiliation.
B. Respondents
Any person who participates in the sexual harassing activity can be named as a respondent or defendant in a sexual harassment claim. It is important for housing providers to note that because they are responsible for making sure that fair housing laws are complied with, they can be held liable for the sexual harassment of agents or employees even if they did not participate in the behavior.
SEXUAL HARASSMENT - WHERE TO FILE COMPLAINTS
A. Administrative Agency
You may file an administrative complaint with HUD or your state fair housing agency (i.e. Ohio Civil Rights Commission) within one year of the discriminatory activity. Advantages of this process are minimal costs, free legal representation, specialized judges or hearing officers, and speed.
The investigating agency will attempt to reach a settlement agreement between the parties. However, if one cannot be reached an investigation will be conducted resulting in a charge or a dismissal of the claim. If the claim is dismissed, the aggrieved parties may still bring an action in court. If the claim is not dismissed and a charge is issued, the parties have the right to elect whether to have the complaint heard by an administrative law judge or heard in court.
B. Court Action
You may file in federal court within two years of the discriminatory and sexually harassing behavior. The two year period does not include the time that you may have spent participating in an administrative action. The advantages of filing in court are broader relief-punitive and actual damages, attorney fees, jury trials, time to file, etc. Disadvantages to filing in court are costs, time consuming, less flexible proceedings, and potential for hostile or interested/inexperienced fair housing knowledge judge.
1. Remedies Available
* Actual damages to make you whole again;
* Punitive damages for intentional discrimination;
* Injunctive relief to stop behavior or keep you from losing your housing;
* Attorneys’ fees and costs to prevailing party (at court’s discretion).
C. Police Action
If you are sexually harassed by your landlord, you may want to file a report with your local police department. In 1995, the Toledo Police Department assisted in the investigation of a sexual harassment case. Tamara Ransford, a single woman, contacted the Fair Housing Center of Toledo, which contacted the Toledo Police Department. The police department agreed to equip Ransford with a wireless microphone and set up another visit to the complex.
The Center provided Ransford with a security deposit and, in cooperation with the Toledo Fair Housing Center, sent her back to the complex. Police monitored the conversation between Ransford and the manager, Kenneth Canda. When she left the office, the police arrested Canda on a charge of importuning (persistent unwelcomed requests for sexual favors). Canda later plead guilty to a reduced charge of indecent exposure.
Central Management Company, Canda’s employer, agreed to pay $50, 000 plus attorney fees to the Toledo Fair Housing Center and Ms. Ransford in order to settle the complaint.
D. Private Fair Housing Organizations
Contact your local fair housing group for assistance dealing with your situation. The fair housing group can inform you of your rights and responsibilities under fair housing laws, take your complaint, conduct an investigation, assist you in filing an administrative complaint, refer you to an experienced fair housing attorney, etc.
SEXUAL HARASSMENT - HOW PARTIES MAY PROTECT THEMSELVES
A. Landlord Action
In order to minimize the potential for being hit with a sexual harassment complaint or potential damages, housing providers should take the following steps:
1. Establish a sexual harassment policy
A. Policy should be explain what behavior is unacceptable and what the penalties for violations are.
B. Know what sexual harassment is, how it happens, etc.
2. Inform employees of the established policy prohibiting sexual harassment.
A. Post in office and provide copies to all employees.
3. Monitor compliance and respond swiftly when complaints arise.
A. Take action when you hear off-color remarks, if sexually oriented materials are brought into the workplace or work environment, etc.
B. Review policies with employees at least once a year.
4. Employ a gender diverse employee base.
A. Have both males and females on staff. This should discourage a good ol’ boy or girl work environment where persons may feel free to make certain statements, etc.
5. Do not have a reputation for permitting sexual jokes, inappropriate comments, innuendoes, or touching.
6. Do not permit sexually suggestive visuals or objects to be brought into the housing management/maintenance environment. These may create potential for a complaint, do not reflect a professional image, and contribute to an offensive, hostile, and intimidating environment. In addition, these items may be used as evidence in a sexual harassment complaint.
7. Do not permit employees to refer to persons of the opposite sex as “honey, ” “dear, ” “sweetheart, ” or other similar expressions.
B. Tenants
1. Maintain a business relationship with your landlord and/or his agents.
2. Do not wear provocative clothing when you engage face to face with your landlord and/or his agents.
3. Be proactive if you are sexually harassed:
A. Speak with the offender.
B. Keep records
Include each event, date, time, location, what happened, what was said, how you felt, and the names of witnesses or other persons victimized.
C. Write letters
Write a letter to the offender and his employer or boss.
D. Follow the other recommendations noted throughout this handbook.
SEXUAL HARASSMENT - POLICY POINTERS
A. Identity The Problem
Any of these elements may constitute sexual harassment:
1. Physical contact
2. Gestures
3. Jokes
4. Pictures
5. Comments
6. Terms of Endearment
7. Questionable Comments
B. Evaluation
1. Does behavior contribute to maintaining professional business like relationships?
2. Do you care if you offend others?
3. Could someone misinterpret my behavior as intentionally harmful or harassing?
4. Does your behavior offend or hurt others?
C. Your role and Responsibility
Victim
1. Contact a fair housing agency. If none available, contact an attorney.
2. File a report with police.
3. Notify owner of complaint.
Offender
1. Stop behavior immediately.
2. Notify property owner and superiors or employer.
3. If legal action filed against you, contact an attorney.
4. Avoid any appearance of retaliation, whether direct or indirect.
5. Take responsibility and see that it does not happen again.
Owner
1. Discuss the incident with the alleged harasser.
2. Suggest that alleged harasser seek legal counsel.
3. Seek legal counsel.
4. Conduct a fact finding investigation and cooperate with any official investigating body such as HUD or the OCRC.
5. Take strong action for proven sexual harassment.
It is important to remember that fair housing laws make it illegal for anyone to subject you to harassment, intimidation, and interference because you have filed a complaint, assisted someone else in filing a complaint or in exercising their fair housing rights, or even refused to participate in an act which would violate fair housing laws.
Knowledge is power! It is important that you know about fair housing rights and responsibilities and what actions can be taken if your fair housing rights are violated. Victims of housing discrimination can seek the following remedies:
* Compensation for damages from humiliation, embarrassment, pain, suffering, including actual damages;
* Attorneys’ fees;
* Punitive damages;
* Other injunctive or equitable relief
If you suspect that you or someone you know has been discriminated against or harassed because of their race, color, national origin, religion, sex, familial status, or handicap, it should be reported immediately. Call the police and make a report, felonies have no statutes. Bring the man to justice and obtain an attorney such as we spoke, collect monetary fees for your damages, execute criminal fines and jail time. A man, as you described sexually attacking, verbally abusing, touching, suggestive sexual conversation, and abusing a woman such as invading your privacy is sexual abuse. Please call me back to get started on the NYC filings. |
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SEXUAL HARASSMENT FAIR HOUSING LAWS
Sexual harassment is against the law. Sexual harassment is a form of sex discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
* Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of housing, or
* Submission to or rejection of such conduct by a person is used as a basis for housing decisions affecting that person, or
* Such conduct has the purpose or effect of unreasonably interfering with an persons housing rights or creates an intimidating, hostile, or offensive work environment.
**The above definition emphasizes that housing harassment, to be actionable as abusive, need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive and the victim does perceive, the housing environment as hostile or abusive.
The Fair Housing Act prohibits discrimination on the basis of sex in the sale or rental of housing. The Fair Housing Act applies to all housing except:
* Owner occupied housing that contains 4 or less units of housing;
* Single family dwellings sold or rented by housing providers who own less than 4 such dwellings.
SEXUAL HARASSMENT: TYPES
A. Quid Pro Quo or this for that
This type of harassment occurs when a housing provider seeks sex or sexual favors in return for housing rights. Examples of such would include:
* A landlord terminating the lease of a female tenant who refused to have sex with him;
* A landlord refusing to do the repairs of a female tenant who refused to have sex with him;
In quid pro quo claims, it is not necessary for a housing provider to explicitly threaten eviction action when he or she made sexual demands. There only needs to be an adverse action following the refusal and a relationship between the harassing behavior and the adverse action show.
In order to make a claim of quid pro quo harassment, the following criterion must be met:
* You must be a member of a protected class;
* You must have been subjected to unwelcomed sexual advances;
* The unwelcomed sexual advances were due to your sex;
* You rebuffed the advances and were retaliated against in an adverse manner;
* Owner knew of or should have known of the harassment of his agent and failed to take action to stop it.**
B. Hostile Housing Environment
This type of sexual harassment takes place when unwelcomed sexual advances create an hostile, intimidating, or abusive environment or has the effect of impeding a tenantÌs housing rights. This may occur when a landlord makes unwanted sexual advances or touches a woman in a sexual manner when she does not want him to.
CASE LAW: New York v. Merlino, 694 F. Supp. 1101 (S.D.N.Y. 1988)
Court validated claim of female customers that real estate broker subjected them to unwanted physical touchings and suggestive comments.
Beliveau v. Cara, 873 F. Supp. 1393, 1395 (C.D. Cal. 1995)
Court found that the landlord activity of making off-color remarks, grabbing her breasts and buttocks, and putting arm around her created a hostile housing environment. In addition, the court stated that any touching would support a sexual harassment claim under the Fair Housing Act.
In order to bring a hostile housing environment case the following criterion must be met:
* You must be a member of protected class;
* You must have been subjected to unwelcomed and extensive sexual harassment in the form of sexual advances, requests for sexual favor, and other verbal or physical conduct of a sexual nature, which has not been solicited or desired and which is viewed as undesirable or offensive.
* The sexual advances or harassment were based on their sex;
* The sexual advances or harassment makes your tenancy burdensome and significantly less desirable than if the harassment were not occurring;
* The owner knew or should have known about the sexual advances or harassment and failed to stop it.
A court will review the following factors in deciding whether or not a plaintiff has proven all elements of her claim. Some of the factors are:
* The frequency of the unwanted sexual behavior;
* Its severity;
* Whether it is physically threatening or humiliating, as opposed to a mere offensive utterance;
* Whether the conduct resulted in psychological harm, although a woman does not have to prove psychological harm in order to prove that she was subject to a hostile environment.
While one act can establish quid pro quo claim, most courts have ruled that a series of harassing acts are need to establish a hostile environment claim.
SEXUAL HARASSMENT - PARTIES
A. Aggrieved Parties
Any person who has been sexually harassed in connection with their housing - apartment, house, homeless shelter, or trailer - has a right to file a sexual harassment claim. An aggrieved person is any person who:
* Claims to have been injured about a discriminatory housing practice;
* Believes that such person will be injured by a discriminatory housing practice that is about to occur.
An injury may be tangible or intangible. Moving costs or higher rent for alternative housing are examples of tangible injuries. Examples of intangible injuries would include loss of housing or school choice and humiliation.
B. Respondents
Any person who participates in the sexual harassing activity can be named as a respondent or defendant in a sexual harassment claim. It is important for housing providers to note that because they are responsible for making sure that fair housing laws are complied with, they can be held liable for the sexual harassment of agents or employees even if they did not participate in the behavior.
SEXUAL HARASSMENT - WHERE TO FILE COMPLAINTS
A. Administrative Agency
You may file an administrative complaint with HUD or your state fair housing agency (i.e. Ohio Civil Rights Commission) within one year of the discriminatory activity. Advantages of this process are minimal costs, free legal representation, specialized judges or hearing officers, and speed.
The investigating agency will attempt to reach a settlement agreement between the parties. However, if one cannot be reached an investigation will be conducted resulting in a charge or a dismissal of the claim. If the claim is dismissed, the aggrieved parties may still bring an action in court. If the claim is not dismissed and a charge is issued, the parties have the right to elect whether to have the complaint heard by an administrative law judge or heard in court.
B. Court Action
You may file in federal court within two years of the discriminatory and sexually harassing behavior. The two year period does not include the time that you may have spent participating in an administrative action. The advantages of filing in court are broader relief-punitive and actual damages, attorney fees, jury trials, time to file, etc. Disadvantages to filing in court are costs, time consuming, less flexible proceedings, and potential for hostile or interested/inexperienced fair housing knowledge judge.
1. Remedies Available
* Actual damages to make you whole again;
* Punitive damages for intentional discrimination;
* Injunctive relief to stop behavior or keep you from losing your housing;
* Attorneys’ fees and costs to prevailing party (at court’s discretion).
C. Police Action
If you are sexually harassed by your landlord, you may want to file a report with your local police department. In 1995, the Toledo Police Department assisted in the investigation of a sexual harassment case. Tamara Ransford, a single woman, contacted the Fair Housing Center of Toledo, which contacted the Toledo Police Department. The police department agreed to equip Ransford with a wireless microphone and set up another visit to the complex.
The Center provided Ransford with a security deposit and, in cooperation with the Toledo Fair Housing Center, sent her back to the complex. Police monitored the conversation between Ransford and the manager, Kenneth Canda. When she left the office, the police arrested Canda on a charge of importuning (persistent unwelcomed requests for sexual favors). Canda later plead guilty to a reduced charge of indecent exposure.
Central Management Company, Canda’s employer, agreed to pay $50, 000 plus attorney fees to the Toledo Fair Housing Center and Ms. Ransford in order to settle the complaint.
D. Private Fair Housing Organizations
Contact your local fair housing group for assistance dealing with your situation. The fair housing group can inform you of your rights and responsibilities under fair housing laws, take your complaint, conduct an investigation, assist you in filing an administrative complaint, refer you to an experienced fair housing attorney, etc.
SEXUAL HARASSMENT - HOW PARTIES MAY PROTECT THEMSELVES
A. Landlord Action
In order to minimize the potential for being hit with a sexual harassment complaint or potential damages, housing providers should take the following steps:
1. Establish a sexual harassment policy
A. Policy should be explain what behavior is unacceptable and what the penalties for violations are.
B. Know what sexual harassment is, how it happens, etc.
2. Inform employees of the established policy prohibiting sexual harassment.
A. Post in office and provide copies to all employees.
3. Monitor compliance and respond swiftly when complaints arise.
A. Take action when you hear off-color remarks, if sexually oriented materials are brought into the workplace or work environment, etc.
B. Review policies with employees at least once a year.
4. Employ a gender diverse employee base.
A. Have both males and females on staff. This should discourage a good ol’ boy or girl work environment where persons may feel free to make certain statements, etc.
5. Do not have a reputation for permitting sexual jokes, inappropriate comments, innuendoes, or touching.
6. Do not permit sexually suggestive visuals or objects to be brought into the housing management/maintenance environment. These may create potential for a complaint, do not reflect a professional image, and contribute to an offensive, hostile, and intimidating environment. In addition, these items may be used as evidence in a sexual harassment complaint.
7. Do not permit employees to refer to persons of the opposite sex as “honey, ” “dear, ” “sweetheart, ” or other similar expressions.
B. Tenants
1. Maintain a business relationship with your landlord and/or his agents.
2. Do not wear provocative clothing when you engage face to face with your landlord and/or his agents.
3. Be proactive if you are sexually harassed:
A. Speak with the offender.
B. Keep records
Include each event, date, time, location, what happened, what was said, how you felt, and the names of witnesses or other persons victimized.
C. Write letters
Write a letter to the offender and his employer or boss.
D. Follow the other recommendations noted throughout this handbook.
SEXUAL HARASSMENT - POLICY POINTERS
A. Identity The Problem
Any of these elements may constitute sexual harassment:
1. Physical contact
2. Gestures
3. Jokes
4. Pictures
5. Comments
6. Terms of Endearment
7. Questionable Comments
B. Evaluation
1. Does behavior contribute to maintaining professional business like relationships?
2. Do you care if you offend others?
3. Could someone misinterpret my behavior as intentionally harmful or harassing?
4. Does your behavior offend or hurt others?
C. Your role and Responsibility
Victim
1. Contact a fair housing agency. If none available, contact an attorney.
2. File a report with police.
3. Notify owner of complaint.
Offender
1. Stop behavior immediately.
2. Notify property owner and superiors or employer.
3. If legal action filed against you, contact an attorney.
4. Avoid any appearance of retaliation, whether direct or indirect.
5. Take responsibility and see that it does not happen again.
Owner
1. Discuss the incident with the alleged harasser.
2. Suggest that alleged harasser seek legal counsel.
3. Seek legal counsel.
4. Conduct a fact finding investigation and cooperate with any official investigating body such as HUD or the OCRC.
5. Take strong action for proven sexual harassment.
It is important to remember that fair housing laws make it illegal for anyone to subject you to harassment, intimidation, and interference because you have filed a complaint, assisted someone else in filing a complaint or in exercising their fair housing rights, or even refused to participate in an act which would violate fair housing laws.
Knowledge is power! It is important that you know about fair housing rights and responsibilities and what actions can be taken if your fair housing rights are violated. Victims of housing discrimination can seek the following remedies:
* Compensation for damages from humiliation, embarrassment, pain, suffering, including actual damages;
* Attorneys’ fees;
* Punitive damages;
* Other injunctive or equitable relief
If you suspect that you or someone you know has been discriminated against or harassed because of their race, color, national origin, religion, sex, familial status, or handicap, it should be reported immediately. To report such acts, you may contact the: Police, an attorney, file the reports, file a criminal case, file a civil case for award of damages by the court system. Crimes committed by this man are felonies and no statutes exist. Contact me again and I'll begin the case filings. This man needs to be brought to justice, pay damages, and be sentenced to jail time. |
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|
SEXUAL HARASSMENT FAIR HOUSING LAWS
Sexual harassment is against the law. Sexual harassment is a form of sex discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
* Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of housing, or
* Submission to or rejection of such conduct by a person is used as a basis for housing decisions affecting that person, or
* Such conduct has the purpose or effect of unreasonably interfering with an persons housing rights or creates an intimidating, hostile, or offensive work environment.
**The above definition emphasizes that housing harassment, to be actionable as abusive, need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive and the victim does perceive, the housing environment as hostile or abusive.
The Fair Housing Act prohibits discrimination on the basis of sex in the sale or rental of housing. The Fair Housing Act applies to all housing except:
* Owner occupied housing that contains 4 or less units of housing;
* Single family dwellings sold or rented by housing providers who own less than 4 such dwellings.
SEXUAL HARASSMENT: TYPES
A. Quid Pro Quo or this for that
This type of harassment occurs when a housing provider seeks sex or sexual favors in return for housing rights. Examples of such would include:
* A landlord terminating the lease of a female tenant who refused to have sex with him;
* A landlord refusing to do the repairs of a female tenant who refused to have sex with him;
In quid pro quo claims, it is not necessary for a housing provider to explicitly threaten eviction action when he or she made sexual demands. There only needs to be an adverse action following the refusal and a relationship between the harassing behavior and the adverse action show.
In order to make a claim of quid pro quo harassment, the following criterion must be met:
* You must be a member of a protected class;
* You must have been subjected to unwelcomed sexual advances;
* The unwelcomed sexual advances were due to your sex;
* You rebuffed the advances and were retaliated against in an adverse manner;
* Owner knew of or should have known of the harassment of his agent and failed to take action to stop it.**
B. Hostile Housing Environment
This type of sexual harassment takes place when unwelcomed sexual advances create an hostile, intimidating, or abusive environment or has the effect of impeding a tenantÌs housing rights. This may occur when a landlord makes unwanted sexual advances or touches a woman in a sexual manner when she does not want him to.
CASE LAW: New York v. Merlino, 694 F. Supp. 1101 (S.D.N.Y. 1988)
Court validated claim of female customers that real estate broker subjected them to unwanted physical touchings and suggestive comments.
Beliveau v. Cara, 873 F. Supp. 1393, 1395 (C.D. Cal. 1995)
Court found that the landlord activity of making off-color remarks, grabbing her breasts and buttocks, and putting arm around her created a hostile housing environment. In addition, the court stated that any touching would support a sexual harassment claim under the Fair Housing Act.
In order to bring a hostile housing environment case the following criterion must be met:
* You must be a member of protected class;
* You must have been subjected to unwelcomed and extensive sexual harassment in the form of sexual advances, requests for sexual favor, and other verbal or physical conduct of a sexual nature, which has not been solicited or desired and which is viewed as undesirable or offensive.
* The sexual advances or harassment were based on their sex;
* The sexual advances or harassment makes your tenancy burdensome and significantly less desirable than if the harassment were not occurring;
* The owner knew or should have known about the sexual advances or harassment and failed to stop it.
A court will review the following factors in deciding whether or not a plaintiff has proven all elements of her claim. Some of the factors are:
* The frequency of the unwanted sexual behavior;
* Its severity;
* Whether it is physically threatening or humiliating, as opposed to a mere offensive utterance;
* Whether the conduct resulted in psychological harm, although a woman does not have to prove psychological harm in order to prove that she was subject to a hostile environment.
While one act can establish quid pro quo claim, most courts have ruled that a series of harassing acts are need to establish a hostile environment claim.
SEXUAL HARASSMENT - PARTIES
A. Aggrieved Parties
Any person who has been sexually harassed in connection with their housing - apartment, house, homeless shelter, or trailer - has a right to file a sexual harassment claim. An aggrieved person is any person who:
* Claims to have been injured about a discriminatory housing practice;
* Believes that such person will be injured by a discriminatory housing practice that is about to occur.
An injury may be tangible or intangible. Moving costs or higher rent for alternative housing are examples of tangible injuries. Examples of intangible injuries would include loss of housing or school choice and humiliation.
B. Respondents
Any person who participates in the sexual harassing activity can be named as a respondent or defendant in a sexual harassment claim. It is important for housing providers to note that because they are responsible for making sure that fair housing laws are complied with, they can be held liable for the sexual harassment of agents or employees even if they did not participate in the behavior.
SEXUAL HARASSMENT - WHERE TO FILE COMPLAINTS
A. Administrative Agency
You may file an administrative complaint with HUD or your state fair housing agency (i.e. Ohio Civil Rights Commission) within one year of the discriminatory activity. Advantages of this process are minimal costs, free legal representation, specialized judges or hearing officers, and speed.
The investigating agency will attempt to reach a settlement agreement between the parties. However, if one cannot be reached an investigation will be conducted resulting in a charge or a dismissal of the claim. If the claim is dismissed, the aggrieved parties may still bring an action in court. If the claim is not dismissed and a charge is issued, the parties have the right to elect whether to have the complaint heard by an administrative law judge or heard in court.
B. Court Action
You may file in federal court within two years of the discriminatory and sexually harassing behavior. The two year period does not include the time that you may have spent participating in an administrative action. The advantages of filing in court are broader relief-punitive and actual damages, attorney fees, jury trials, time to file, etc. Disadvantages to filing in court are costs, time consuming, less flexible proceedings, and potential for hostile or interested/inexperienced fair housing knowledge judge.
1. Remedies Available
* Actual damages to make you whole again;
* Punitive damages for intentional discrimination;
* Injunctive relief to stop behavior or keep you from losing your housing;
* Attorneys’ fees and costs to prevailing party (at court’s discretion).
C. Police Action
If you are sexually harassed by your landlord, you may want to file a report with your local police department. In 1995, the Toledo Police Department assisted in the investigation of a sexual harassment case. Tamara Ransford, a single woman, contacted the Fair Housing Center of Toledo, which contacted the Toledo Police Department. The police department agreed to equip Ransford with a wireless microphone and set up another visit to the complex.
The Center provided Ransford with a security deposit and, in cooperation with the Toledo Fair Housing Center, sent her back to the complex. Police monitored the conversation between Ransford and the manager, Kenneth Canda. When she left the office, the police arrested Canda on a charge of importuning (persistent unwelcomed requests for sexual favors). Canda later plead guilty to a reduced charge of indecent exposure.
Central Management Company, Canda’s employer, agreed to pay $50, 000 plus attorney fees to the Toledo Fair Housing Center and Ms. Ransford in order to settle the complaint.
D. Private Fair Housing Organizations
Contact your local fair housing group for assistance dealing with your situation. The fair housing group can inform you of your rights and responsibilities under fair housing laws, take your complaint, conduct an investigation, assist you in filing an administrative complaint, refer you to an experienced fair housing attorney, etc.
SEXUAL HARASSMENT - HOW PARTIES MAY PROTECT THEMSELVES
A. Landlord Action
In order to minimize the potential for being hit with a sexual harassment complaint or potential damages, housing providers should take the following steps:
1. Establish a sexual harassment policy
A. Policy should be explain what behavior is unacceptable and what the penalties for violations are.
B. Know what sexual harassment is, how it happens, etc.
2. Inform employees of the established policy prohibiting sexual harassment.
A. Post in office and provide copies to all employees.
3. Monitor compliance and respond swiftly when complaints arise.
A. Take action when you hear off-color remarks, if sexually oriented materials are brought into the workplace or work environment, etc.
B. Review policies with employees at least once a year.
4. Employ a gender diverse employee base.
A. Have both males and females on staff. This should discourage a good ol’ boy or girl work environment where persons may feel free to make certain statements, etc.
5. Do not have a reputation for permitting sexual jokes, inappropriate comments, innuendoes, or touching.
6. Do not permit sexually suggestive visuals or objects to be brought into the housing management/maintenance environment. These may create potential for a complaint, do not reflect a professional image, and contribute to an offensive, hostile, and intimidating environment. In addition, these items may be used as evidence in a sexual harassment complaint.
7. Do not permit employees to refer to persons of the opposite sex as “honey, ” “dear, ” “sweetheart, ” or other similar expressions.
B. Tenants
1. Maintain a business relationship with your landlord and/or his agents.
2. Do not wear provocative clothing when you engage face to face with your landlord and/or his agents.
3. Be proactive if you are sexually harassed:
A. Speak with the offender.
B. Keep records
Include each event, date, time, location, what happened, what was said, how you felt, and the names of witnesses or other persons victimized.
C. Write letters
Write a letter to the offender and his employer or boss.
D. Follow the other recommendations noted throughout this handbook.
SEXUAL HARASSMENT - POLICY POINTERS
A. Identity The Problem
Any of these elements may constitute sexual harassment:
1. Physical contact
2. Gestures
3. Jokes
4. Pictures
5. Comments
6. Terms of Endearment
7. Questionable Comments
B. Evaluation
1. Does behavior contribute to maintaining professional business like relationships?
2. Do you care if you offend others?
3. Could someone misinterpret my behavior as intentionally harmful or harassing?
4. Does your behavior offend or hurt others?
C. Your role and Responsibility
Victim
1. Contact a fair housing agency. If none available, contact an attorney.
2. File a report with police.
3. Notify owner of complaint.
Offender
1. Stop behavior immediately.
2. Notify property owner and superiors or employer.
3. If legal action filed against you, contact an attorney.
4. Avoid any appearance of retaliation, whether direct or indirect.
5. Take responsibility and see that it does not happen again.
Owner
1. Discuss the incident with the alleged harasser.
2. Suggest that alleged harasser seek legal counsel.
3. Seek legal counsel.
4. Conduct a fact finding investigation and cooperate with any official investigating body such as HUD or the OCRC.
5. Take strong action for proven sexual harassment.
It is important to remember that fair housing laws make it illegal for anyone to subject you to harassment, intimidation, and interference because you have filed a complaint, assisted someone else in filing a complaint or in exercising their fair housing rights, or even refused to participate in an act which would violate fair housing laws.
Knowledge is power! It is important that you know about fair housing rights and responsibilities and what actions can be taken if your fair housing rights are violated. Victims of housing discrimination can seek the following remedies:
* Compensation for damages from humiliation, embarrassment, pain, suffering, including actual damages;
* Attorneys’ fees;
* Punitive damages;
* Other injunctive or equitable relief
If you suspect that you or someone you know has been discriminated against or harassed because of their race, color, national origin, religion, sex, familial status, or handicap, it should be reported immediately. To report such acts, you may contact the: Police, an attorney, file the reports, file a criminal case, file a civil case for award of damages by the court system. Crimes committed by this man are felonies and no statutes exist. Contact me again and I'll begin the case filings. This man needs to be brought to justice, pay damages, and be sentenced to jail time. |
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SEXUAL HARASSMENT FAIR HOUSING LAWS
Sexual harassment is against the law. Sexual harassment is a form of sex discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
* Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of housing, or
* Submission to or rejection of such conduct by a person is used as a basis for housing decisions affecting that person, or
* Such conduct has the purpose or effect of unreasonably interfering with an persons housing rights or creates an intimidating, hostile, or offensive work environment.
**The above definition emphasizes that housing harassment, to be actionable as abusive, need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive and the victim does perceive, the housing environment as hostile or abusive.
The Fair Housing Act prohibits discrimination on the basis of sex in the sale or rental of housing. The Fair Housing Act applies to all housing except:
* Owner occupied housing that contains 4 or less units of housing;
* Single family dwellings sold or rented by housing providers who own less than 4 such dwellings.
SEXUAL HARASSMENT: TYPES
A. Quid Pro Quo or this for that
This type of harassment occurs when a housing provider seeks sex or sexual favors in return for housing rights. Examples of such would include:
* A landlord terminating the lease of a female tenant who refused to have sex with him;
* A landlord refusing to do the repairs of a female tenant who refused to have sex with him;
In quid pro quo claims, it is not necessary for a housing provider to explicitly threaten eviction action when he or she made sexual demands. There only needs to be an adverse action following the refusal and a relationship between the harassing behavior and the adverse action show.
In order to make a claim of quid pro quo harassment, the following criterion must be met:
* You must be a member of a protected class;
* You must have been subjected to unwelcomed sexual advances;
* The unwelcomed sexual advances were due to your sex;
* You rebuffed the advances and were retaliated against in an adverse manner;
* Owner knew of or should have known of the harassment of his agent and failed to take action to stop it.**
B. Hostile Housing Environment
This type of sexual harassment takes place when unwelcomed sexual advances create an hostile, intimidating, or abusive environment or has the effect of impeding a tenantÌs housing rights. This may occur when a landlord makes unwanted sexual advances or touches a woman in a sexual manner when she does not want him to.
CASE LAW: New York v. Merlino, 694 F. Supp. 1101 (S.D.N.Y. 1988)
Court validated claim of female customers that real estate broker subjected them to unwanted physical touchings and suggestive comments.
Beliveau v. Cara, 873 F. Supp. 1393, 1395 (C.D. Cal. 1995)
Court found that the landlord activity of making off-color remarks, grabbing her breasts and buttocks, and putting arm around her created a hostile housing environment. In addition, the court stated that any touching would support a sexual harassment claim under the Fair Housing Act.
In order to bring a hostile housing environment case the following criterion must be met:
* You must be a member of protected class;
* You must have been subjected to unwelcomed and extensive sexual harassment in the form of sexual advances, requests for sexual favor, and other verbal or physical conduct of a sexual nature, which has not been solicited or desired and which is viewed as undesirable or offensive.
* The sexual advances or harassment were based on their sex;
* The sexual advances or harassment makes your tenancy burdensome and significantly less desirable than if the harassment were not occurring;
* The owner knew or should have known about the sexual advances or harassment and failed to stop it.
A court will review the following factors in deciding whether or not a plaintiff has proven all elements of her claim. Some of the factors are:
* The frequency of the unwanted sexual behavior;
* Its severity;
* Whether it is physically threatening or humiliating, as opposed to a mere offensive utterance;
* Whether the conduct resulted in psychological harm, although a woman does not have to prove psychological harm in order to prove that she was subject to a hostile environment.
While one act can establish quid pro quo claim, most courts have ruled that a series of harassing acts are need to establish a hostile environment claim.
SEXUAL HARASSMENT - PARTIES
A. Aggrieved Parties
Any person who has been sexually harassed in connection with their housing - apartment, house, homeless shelter, or trailer - has a right to file a sexual harassment claim. An aggrieved person is any person who:
* Claims to have been injured about a discriminatory housing practice;
* Believes that such person will be injured by a discriminatory housing practice that is about to occur.
An injury may be tangible or intangible. Moving costs or higher rent for alternative housing are examples of tangible injuries. Examples of intangible injuries would include loss of housing or school choice and humiliation.
B. Respondents
Any person who participates in the sexual harassing activity can be named as a respondent or defendant in a sexual harassment claim. It is important for housing providers to note that because they are responsible for making sure that fair housing laws are complied with, they can be held liable for the sexual harassment of agents or employees even if they did not participate in the behavior.
SEXUAL HARASSMENT - WHERE TO FILE COMPLAINTS
A. Administrative Agency
You may file an administrative complaint with HUD or your state fair housing agency (i.e. Ohio Civil Rights Commission) within one year of the discriminatory activity. Advantages of this process are minimal costs, free legal representation, specialized judges or hearing officers, and speed.
The investigating agency will attempt to reach a settlement agreement between the parties. However, if one cannot be reached an investigation will be conducted resulting in a charge or a dismissal of the claim. If the claim is dismissed, the aggrieved parties may still bring an action in court. If the claim is not dismissed and a charge is issued, the parties have the right to elect whether to have the complaint heard by an administrative law judge or heard in court.
B. Court Action
You may file in federal court within two years of the discriminatory and sexually harassing behavior. The two year period does not include the time that you may have spent participating in an administrative action. The advantages of filing in court are broader relief-punitive and actual damages, attorney fees, jury trials, time to file, etc. Disadvantages to filing in court are costs, time consuming, less flexible proceedings, and potential for hostile or interested/inexperienced fair housing knowledge judge.
1. Remedies Available
* Actual damages to make you whole again;
* Punitive damages for intentional discrimination;
* Injunctive relief to stop behavior or keep you from losing your housing;
* Attorneys’ fees and costs to prevailing party (at court’s discretion).
C. Police Action
If you are sexually harassed by your landlord, you may want to file a report with your local police department. In 1995, the Toledo Police Department assisted in the investigation of a sexual harassment case. Tamara Ransford, a single woman, contacted the Fair Housing Center of Toledo, which contacted the Toledo Police Department. The police department agreed to equip Ransford with a wireless microphone and set up another visit to the complex.
The Center provided Ransford with a security deposit and, in cooperation with the Toledo Fair Housing Center, sent her back to the complex. Police monitored the conversation between Ransford and the manager, Kenneth Canda. When she left the office, the police arrested Canda on a charge of importuning (persistent unwelcomed requests for sexual favors). Canda later plead guilty to a reduced charge of indecent exposure.
Central Management Company, Canda’s employer, agreed to pay $50, 000 plus attorney fees to the Toledo Fair Housing Center and Ms. Ransford in order to settle the complaint.
D. Private Fair Housing Organizations
Contact your local fair housing group for assistance dealing with your situation. The fair housing group can inform you of your rights and responsibilities under fair housing laws, take your complaint, conduct an investigation, assist you in filing an administrative complaint, refer you to an experienced fair housing attorney, etc.
SEXUAL HARASSMENT - HOW PARTIES MAY PROTECT THEMSELVES
A. Landlord Action
In order to minimize the potential for being hit with a sexual harassment complaint or potential damages, housing providers should take the following steps:
1. Establish a sexual harassment policy
A. Policy should be explain what behavior is unacceptable and what the penalties for violations are.
B. Know what sexual harassment is, how it happens, etc.
2. Inform employees of the established policy prohibiting sexual harassment.
A. Post in office and provide copies to all employees.
3. Monitor compliance and respond swiftly when complaints arise.
A. Take action when you hear off-color remarks, if sexually oriented materials are brought into the workplace or work environment, etc.
B. Review policies with employees at least once a year.
4. Employ a gender diverse employee base.
A. Have both males and females on staff. This should discourage a good ol’ boy or girl work environment where persons may feel free to make certain statements, etc.
5. Do not have a reputation for permitting sexual jokes, inappropriate comments, innuendoes, or touching.
6. Do not permit sexually suggestive visuals or objects to be brought into the housing management/maintenance environment. These may create potential for a complaint, do not reflect a professional image, and contribute to an offensive, hostile, and intimidating environment. In addition, these items may be used as evidence in a sexual harassment complaint.
7. Do not permit employees to refer to persons of the opposite sex as “honey, ” “dear, ” “sweetheart, ” or other similar expressions.
B. Tenants
1. Maintain a business relationship with your landlord and/or his agents.
2. Do not wear provocative clothing when you engage face to face with your landlord and/or his agents.
3. Be proactive if you are sexually harassed:
A. Speak with the offender.
B. Keep records
Include each event, date, time, location, what happened, what was said, how you felt, and the names of witnesses or other persons victimized.
C. Write letters
Write a letter to the offender and his employer or boss.
D. Follow the other recommendations noted throughout this handbook.
SEXUAL HARASSMENT - POLICY POINTERS
A. Identity The Problem
Any of these elements may constitute sexual harassment:
1. Physical contact
2. Gestures
3. Jokes
4. Pictures
5. Comments
6. Terms of Endearment
7. Questionable Comments
B. Evaluation
1. Does behavior contribute to maintaining professional business like relationships?
2. Do you care if you offend others?
3. Could someone misinterpret my behavior as intentionally harmful or harassing?
4. Does your behavior offend or hurt others?
C. Your role and Responsibility
Victim
1. Contact a fair housing agency. If none available, contact an attorney.
2. File a report with police.
3. Notify owner of complaint.
Offender
1. Stop behavior immediately.
2. Notify property owner and superiors or employer.
3. If legal action filed against you, contact an attorney.
4. Avoid any appearance of retaliation, whether direct or indirect.
5. Take responsibility and see that it does not happen again.
Owner
1. Discuss the incident with the alleged harasser.
2. Suggest that alleged harasser seek legal counsel.
3. Seek legal counsel.
4. Conduct a fact finding investigation and cooperate with any official investigating body such as HUD or the OCRC.
5. Take strong action for proven sexual harassment.
It is important to remember that fair housing laws make it illegal for anyone to subject you to harassment, intimidation, and interference because you have filed a complaint, assisted someone else in filing a complaint or in exercising their fair housing rights, or even refused to participate in an act which would violate fair housing laws.
Knowledge is power! It is important that you know about fair housing rights and responsibilities and what actions can be taken if your fair housing rights are violated. Victims of housing discrimination can seek the following remedies:
* Compensation for damages from humiliation, embarrassment, pain, suffering, including actual damages;
* Attorneys’ fees;
* Punitive damages;
* Other injunctive or equitable relief
If you suspect that you or someone you know has been discriminated against or harassed because of their race, color, national origin, religion, sex, familial status, or handicap, it should be reported immediately. To report such acts, you may contact the: Police, an attorney, file the reports, file a criminal case, file a civil case for award of damages by the court system. Crimes committed by this man are felonies and no statutes exist. Contact me again and I'll begin the case filings. This man needs to be brought to justice, pay damages, and be sentenced to jail time. |
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Facts for Survivors Who Choose to Press Charges
Contents
Does it matter if the victim knew the perpetrator?
If the perpetrator is found guilty, what will the sentence be?
Are any other crimes ever charged in relation to a sexual assault?
What is statutory rape?
When can a sexual assault NOT be prosecuted?
If I was raped, can I sue for money damages after a rape?
For more information...
Does it matter if the victim knew the perpetrator?
Our laws do not differentiate between a known and unknown attacker. As a practical matter, the better the victim knew the perpetrator, especially when they had a previous consensual sexual relationship, the harder it is to prove lack of consent. It is even more difficult if the offender did not use force, threats or a weapon. Fortunately, there is a clear trend for the criminal justice system to prosecute more of these acquaintance sexual assault cases. Recently, the legal definition of lack of consent was amended to include any situation in which the victim "clearly expressed" that he or she was not consenting in the sex act and a "reasonable person" in the perpetrator’s situation "would have understood" the victim’s words and acts as "an expression of lack of consent."
If the perpetrator is found guilty, what will the sentence be?
Sentencing is very complicated and depends on many factors. Sexual offenses are categorized in a range of classes of felonies and misdemeanors; sentencing for each offense varies. The District Attorney must also make decisions as to the prosecutorial strength of any given case, whether to include a lesser charge, and plea-bargaining. Some other factors include:
the crime involved
the amount of force used
the injuries that resulted
the age of the perpetrator
the age of the victim
whether this is the perpetrator’s first, second, or a subsequent offense.
First degree crimes are considered the most serious ones and carry the longest penalties. For violent felonies, New York State imposes mandatory minimum sentences. For example, a first time offender would receive 5 to 25 years if convicted of a Class B Felony, 3.5 to 15 years if convicted of a Class C Felony, 2 to 7 for a Class D Felony conviction and 1.5 to 4 for a Class E Felony conviction.
Are any other crimes ever charged in relation to a sexual assault?
Sometimes other offenses occur along with a sexual offense. Some of the more common ones are:
Kidnapping (or threat of kidnapping) the victim or a third party
Assault
Robbery
Burglary
Criminal possession of a weapon
Unlawful imprisonment
Harassment
Stalking
Coercion
Offenses against public sensibilities
Endangering the welfare of a child
Use of a child in pornographic material
Incest
Facilitating a sex offense with a controlled substance (i.e. date rape drugs)
The perpetrator can also be charged with any of these crimes that occurred along with the sexual offense. A federal court may also be able to charge the perpetrator with certain federal crimes if the offense involved the victim or perpetrator crossing state lines, or took place on federal property, or involved certain people in government.
What is statutory rape?
Statutory rape occurs when sexual contact between two people involves one that is unable to consent under New York State Law. There are three legal categories for felony statutory rape:
Rape in the first degree: A person has sex with a victim who is less than 11, or a person over 18 has sex with someone less than 13.
Rape in the second degree: A person 18 or over has sex with someone less than 15.
Rape in the third degree: A person at least 21 years old has sex with someone less than 17.
If the victim is under 17 and the perpetrator is an adult, this constitutes a misdemeanor statutory rape.
However, it is an "affirmative defense" in all cases if the accused is less than 4 calendar years older than the victim. This means that if the defense can prove that the defendant is less than four years older than the victim, the jury must find the defendant not guilty, regardless of whether the prosecution proves that the defendant did have sex with the victim.
When can a sexual assault NOT be prosecuted?
Not every sexual assault can be prosecuted as a crime under the laws of New York or in the judgment of the criminal justice system.
Some reasons that a crime cannot be prosecuted are:
the crime was not completed (it may still be possible to charge the perpetrator with an attempted rape or attempted sodomy).
the identity of the perpetrator is unknown.
the perpetrator, while known, cannot be found or arrested.
the perpetrator has since died or become incapacitated.
the police or prosecutor determine upon analyzing all the facts and circumstances, that they can not prove an element of the crime beyond a reasonable doubt (e.g., that they can not prove the sexual act, or the "lack of consent" or that the individual accused was, in fact, the perpetrator).
the victim is too young or too incapacitated to be able to explain what happened
Even if a sexual assault offense cannot be prosecuted, this should not prevent the survivor from seeking help. Survivors experience emotional trauma from a sexual assault, regardless of the technicalities of the law.
If I was raped, can I sue for money damages after a rape?
Yes. You can sue your landlord if his/her negligent maintenance of the building was a substantial cause of the assault. Under certain circumstances, a business, school, etc. can be sued if they negligently hired and/or maintained a dangerous employee. These lawsuits must be brought within a specific time period -- sometimes as little as thirty days. You should be able to consult with an attorney for no fee and not pay unless the lawsuit is successful. |
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