Preventing Sexual Harassment in Housing

By Aalberts, Robert J. | Journal of Property Management, November-December 1993 | Go to article overview

Preventing Sexual Harassment in Housing

Aalberts, Robert J., Journal of Property Management

Sexual harassment of tenants is a potentially serious legal and ethical problem that property managers must deal with.

In an article which appeared in the January/February 1992 issue of the Journal of Property Management, Aalberts and Clauretie discussed the application of the Fair Housing Act, the precedent-setting case of Shellhammer v. Lewallen (770 F.2d 167 |6th Cir. 1985~, vicarious liability for landlords, and remedies for tenants who are sexually harassed.

Since that article was written, there has been a modest proliferation of cases that have similarly ruled that landlords and/or their managers are liable for sexual harassment of tenants. In early 1992, for example, in two particularly costly companion cases, Fiedler v. Dana Properties and U.S. v. Dana Properties (7 Fair Housing-Fair Lending (P-H) Section 9.1 |E.D. Cal. Jan. 27, 1992~), the defendants ended up settling with the victims for an exorbitant $1.65 million as a consequence of a series of incidents of sexual harrassment of tenants.

These cases may be only the tip of the iceberg. As researcher Regina Cahan reported in a 1987 Wisconsin Law Review article, sexual harassment is very widespread, but is simply not reported because tenants are not aware of what sexual harassment is and that it is against the law.

There is also little or no knowledge of the fact that there are various public and private means of enforcing the law against the perpetrators under both state and federal statutes, as well as under the common law.

Clearly, property managers must initiate a policy to prevent sexual harassment of their tenants for both legal and ethical reasons. To ignore the problem is to risk incurring potentially high judgments, alienating valuable tenants, and suffering embarrassing publicity.

In addition, sexual harassment can be devastating to victimized female tenants, who, as reported by Cahan in her research, suffer many of the same symptoms as rape.

The purpose of this article is to present a model policy for preventing and dealing with sexual harassment of tenants.

Definitions of sexual harassment in housing

In order to properly implement a policy for controlling sexual harassment in housing, it is necessary to understand it. Unfortunately, as will be apparent in the following discussion, there often are no easy or universally accepted standards.

"Quid pro quo" harassment occurs when five elements are proven. First, the plaintiff must belong to a protected classification. Second, the plaintiff must be the object of sexual favors that are not welcomed. Third, the request for the favors is made because of the plaintiff's gender. Fourth, the plaintiff's reaction to the request for sexual favors negatively affects one or more tangible terms, conditions, or privileges of the tenancy. Lastly, if liability is asserted against the owner, it must be proved that the owner knew or should have known and failed to correct the situation promptly.

Quid pro quo cases are relatively easy to distinguish. An example of this kind of sexual harassment would be a manager refusing to fix the tenant's refrigerator, or threatening to raise the rent if she does not submit to his request for sex.

"Hostile-environment" sexual harassment is much more difficult to define. In fact, it has become a constant source of debate and commentary--especially since such media events as the Clarence Thomas/Anita Hill hearings, Senator Robert Packwood's highly publicized travails, and the Navy Tailhook investigations. All of these apparently involved the hostile environment kind of sexual harassment.

Under Shellhammer, five elements were enunciated for proving a hostile-environment case. First, the plaintiff must be in a protected classification. Second, she must be subjected to unwelcome and extensive sexual favors and other verbal or physical conduct of a sexual nature, which have not been requested by the plaintiff and which are viewed as undesirable or offensive. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Cite this article

Cited article

Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)


1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25,

Cited article

Preventing Sexual Harassment in Housing


Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25,

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.