Investigating and Litigating Sexual Harassment Claims under the Federal Fair Housing Act

Along with masks and stunning unemployment figures, the coronavirus pandemic has brought with it a surge in sexual harassment of tenants by landlords, property managers, and other housing professionals. News items like this have become increasingly common: A female tenant loses her job and informs the landlord that she'll likely miss her next rent payment. The landlord suggests she "pay in other ways." This type of indecent proposal is unlawful housing discrimination under the federal Fair Housing Act, and survivors can sue for compensatory damages, punitive damages, attorneys' fees, and injunctive relief.

This program will provide attorneys with a strong foundation in the law and practice of those claims from a plaintiff's perspective. After covering the basics of the Fair Housing Act and the specific legal standards governing harassment claims, the course will focus on investigation and strategic issues.

1. Review the basic structure of the federal Fair Housing Act, including prohibited conduct, statutes of limitations, available damages, and proper parties
2. Identify the legal standards that have developed to govern sexual harassment claims under the Fair Housing Act
3. Investigate a potential new case, from the plaintiff's perspective
4. Explore strategic issues that often arise in these cases so attorneys can make informed choices related to pleading, venue, and other matters