Sexual harassment by property managers and landlords is prohibited in California under both federal and state laws. Despite that, however, this kind of harassment is still a severe problem, with several fair housing complaints being escalated annually. If your property manager or landlord is harassing you sexually, an experienced sexual harassment attorney can help you stand up for justice and obtain the compensation you deserve.

At Empower Sexual Harassment Attorneys, we have helped hundreds of tenants in San Diego facing sexual harassment. We may help you as well. We have an in-depth understanding of the laws prohibiting sexual harassment by property managers or landlords, and we will use this law to our advantage to obtain the best possible outcome. Call us today for a consultation.

An Overview of Sexual Harassment By Landlords and Property Managers

Landlord or property manager sexual harassment is a form of sexual discrimination. It happens when a tenant becomes the victim of unwanted sexual contact, comments, or advances. This kind of sexual harassment can happen in one of three ways: visual, verbal, or physical.

  • Verbal sexual harassment happens when the landlord or property manager uses sexual emails, comments, or texts to subject you to harassment. They might make sexually suggestive remarks or ask you sexually inappropriate questions that humiliate you, intimidate you, or make you uncomfortable. Alternatively, they may demand sexual favors or make comments regarding your sexual acts or body.
  • Physical sexual harassment happens when your landlord or property manager touches you sexually against your will. For example, they might grab your knee, sexually assault you, or massage your shoulders.
  • Visual sexual harassment means the landlord or property manager shared gestures, images, or videos, or flashed you with sexually explicit videos, images, and photos. The harasser might even reveal to you their body parts against your will.

There are two types of sexual harassment by landlords and property managers: quid pro quo and hostile environment sexual harassment.

Quid Pro Quo Sexual Harassment

Quid pro quo harassment happens when your property manager or landlord demands that you participate in unwelcome sexual behavior as a requirement to maintain or obtain your housing. This kind of harassment can come about when either of the parties does the following:

  • Threatens to evict you if you do not engage in sexual intercourse with them
  • Requests sexual favors in return for not increasing the rent
  • State that they will repair your unit only if you send them naked pictures of yourself.

Usually, a landlord or property manager committing sexual harassment against their tenants will not make clear demands. Rather, they might make statements implying a sex-for-rent agreement. For example, they may say, “I will not let you pay rent this month if you do me a favor.” Or, they may say, “I will help you out if you help me out.” These kinds of systems are usually accompanied by behavior like sexual body language or a suggestive wink.

Hostile Environment Sexual Harassment

Hostile environment harassment occurs when a property manager or landlord is involved in sexual conduct that is pervasive and severe enough to lead to an undesirable, offensive, intimidating, and hostile environment. Unlike quid pro quo sexual harassment, the property manager or landlord need not condition your housing on sexual favors or conduct. Instead, your housing is adversely affected by their unwelcome sexual conduct. A hostile environment can, for example, occur when the property manager or landlord:

  • Makes comments regarding your body
  • Repeatedly inquired about your sex life
  • Touched you inappropriately
  • Emails or texts you photos of their private body parts

Instances of quid pro quo or hostile environment sexual harassment by the landlord or property manager include the following:

  • Your landlord or property manager set up security cameras facing your apartment’s windows. A worker on the property informed you that they saw videos of you walking all over your unit.
  • Your landlord or property manager increases your rent since you declined to date them.
  • A landlord or property manager offers you a month of rent-free if you do them sexual favors.

Invasion of Privacy by Your Landlord or Property Manager Is Considered Sexual Harassment

A property manager or landlord must respect your privacy. They cannot just barge into your apartment without caution unless there is some kind of emergency. They also cannot take pictures of you or film you without your consent or knowledge.

Invasion of privacy can also be a type of sexual harassment. For example, if your property manager or landlord intentionally barges into your space while you are showering or otherwise indisposed, it might be considered sexual harassment.

If your property manager or landlord spies on you in your apartment every day or night, it is deemed voyeurism, a type of sexual harassment.

Federal and State Laws Against Property Manager or Landlord Sexual Harassment

State and federal laws prohibit sexual harassment by property managers or landlords. The federal FHA (Fair Housing Act), also called Title VIII of the Civil Rights Act of 1968, forbids any sexual harassment and sex discrimination in housing. Congress enacted this law four years after enacting Title VII, which safeguards workers from workplace sexual harassment.

State statutes also protect against sexual harassment by landlords or property managers. For example, California’s FEHA (Fair Employment and Housing Act), the Ralph Act, and the Unruh Civil Rights Act forbid all forms of sexual discrimination and harassment in the housing sector. Whether the sexual harassment arises from a property manager, landlord, service vendor, employee, or other tenants, these laws give you the right to halt it and pursue damages should it continue.

The FEHA

The FEHA (Government Code 12900) particularly forbids housing discrimination based on, among other aspects, sex. Even though the FEHA prohibits sexual discrimination in the housing sector, it does not explicitly mention sexual harassment by landlords or property managers as a kind of actionable sexual discrimination under it.

After implementing the FEHA, California lawmakers ordered that the law be construed freely to achieve its purpose. The FEHA’s purpose is to forbid retaliation, harassment, and discrimination against individuals in all conditions and terms of their housing or employment based on various protected characteristics.

In 1993, the court that handled Brown v. Smith took advantage of the lawmaker’s direction and their statutory intention behind FEHA. It established that it is consistent with FEHA’s purpose to read the law as prohibiting sexual harassment since it is a kind of sexual discrimination. Consequently, sexual harassment was included as actionable under the FEHA.

The California Civil Rights Department (CRD) is the state agency that enforces the FEHA.

The Unruh Civil Rights Act

The Unruh Civil Rights Act forbids housing providers, including landlords and property managers, from denying tenants their equal and full privileges, facilities, advantages, accommodations, or services due to their sex. Much like the FEHA, the Unruh Civil Rights Act has not expressly listed landlord or property manager sexual harassment as a type of actionable sex discrimination.

To correct this problem, California lawmakers created a distinct ground for sexual harassment codified under section 51.9 of the Civil Code. Under this law, you may sue someone for sexual harassment in a service, professional, or business relationship, like the relation that exists between a landlord and a tenant. These components must be present in your case to file a claim or lawsuit against your property manager or landlord under this law:

  • You have a service, professional, or business relationship with the property manager or landlord.
  • The property manager or landlord made sexual solicitations, advances, or requests to you, or they engaged in visual, physical, or verbal behavior of a hostile or sexual nature based on your gender.
  • The landlord or property manager’s conduct was unwanted and also severe and pervasive.
  • You suffered or will suffer economic injury, loss, or a violation of your statutory or constitutional right due to the landlord’s or property manager’s behavior.

The Ralph Act

Landlord or property manager sexual harassment may escalate to violence. The Ralph Act (Section 51.7 of the Civil Code) protects tenants in this case. This law protects tenants from violence or threats of violence fueled by gender, sex, or other similar characteristics or traits.

What to Do If You Face Sexual Harassment By Your Landlord or Property Manager

Demonstrating sexual harassment by your property manager or landlord can be challenging. You may encounter an instance where it is just your word against theirs. To avoid these kinds of situations, there are steps you can take to help you prove your claims. They include the following:

  • Gathering the names and telephone numbers of eyewitnesses. You may require help in telling your side of the story.
  • Keep a record detailing the sexual harassment conduct. Include the times, dates, places, and witnesses’ names.
  • Email, text, or tell your family and friends about what is going on
  • Keep any retaliatory messages the property manager or landlord sent you
  • Preserve all the hr lewd emails, texts, drawings, notes, or pictures your landlord might have sent you
  • Keep relevant psychological or medical records
  • Obtain a protective order
  • Obtain a police report if necessary

Pursuing Legal Action Against the Liable Party

You may hold your landlord or property manager liable if they have sexually harassed you. However, you must follow the established process for bringing your complaint. You cannot file your complaint directly with the courts and begin litigation. California sexual harassment cases are more intricate than that.

Your first step if your landlord or property manager has sexually harassed you is to talk with an attorney. They can assist you in understanding and navigating the process. Your attorney can also help you complain to your property manager or landlord in writing or verbally. They might even assist you in writing the complaint or explain how to make it verbally.

Some property managers and landlords will take action to halt the harassment once you complain to them. That means your case could be resolved at this stage, and bringing a claim or lawsuit will not be necessary.

If you do not feel comfortable talking directly to your landlord or property manager, you can assess your rental’s sexual harassment policy with your lawyer. Talking directly to the landlord or property manager regarding your sexual harassment experience may not bear fruit. Alternatively, either party may step in and take action when it is too late.

In either case, your lawyer can counsel you to bring a formal sexual harassment complaint to the CRD. They can assist you with filing the complaint. You must bring an official complaint to the CRD before filing a civil suit. If you go directly to the courts, they may drop your lawsuit because of your noncompliance with protocol.

Time is an essential factor when bringing complaints to the CRD. You must bring your case within the required deadline. If not, you may lose your right to recover compensation for the harassment you have endured. If you bring your complaint to the CRD, it will investigate your claim. The investigations may entail collecting evidence, conducting interviews, and recommending mediation.

If the CRD finds the sexual harassment allegations factual, it will act appropriately against the landlord or property manager. If it finds that the landlord or property manager did not commit any violation, it may decide to close the case.

However, before closing the case, the CRD will issue you the right to sue letter, giving you the go-ahead to proceed by filing a lawsuit in court. You may not file a suit for compensation until the CRD sends you the letter. You could also contact the CRD and request that they send you the letter if you have not received it. Otherwise, they might fail to issue the letter after an official investigation.

Note that apart from filing your complaint with the CRD, you can also bring your complaint to the Department of Housing and Urban Development (HUD) if you are complaining under the FHA. The HUD will prove your claim and assist you in working towards mediation. The timeframe for bringing a sexual harassment insurance claim with the HUD is one year. You can also file your lawsuit in federal court. The timeframe to bring your lawsuit to federal court is two years.

Proving Sexual Harassment By Property Manager or Landlord

To demonstrate a sexual harassment case under the Unruh Civil Rights Act, you must prove that:

  • The property manager or landlord made sexual requests, solicitations, sexual advances, demands for your sexual compliance, or
  • Participated in other physical, visual, or verbal sexual or hostile conduct
  • Their behavior was unwanted and severe, or pervasive
  • You cannot easily end the relationship
  • You incurred or will incur disadvantage, personal injury, or economic loss

To demonstrate a landlord or property manager sexual harassment case under FEHA, you must prove an abusive and hostile relationship. Courts will consider the circumstances of the case, including:

  • The frequency with which the harassment occurred
  • The severity of the harassment conduct
  • Whether the harassment conduct is physically humiliating or threatening, or it is a mere offensive statement
  • Whether the harassment conduct reasonably interfered with your enjoyment of housing

Courts consider the type of unwanted sexual conduct. For example, bodily touching is deemed more offensive than verbal abuse. The frequency with which the harassment occurs and the context are equally crucial factors. An act must be more than sporadic, isolated, trivial, or occasional to be considered sexual harassment. It must occur sequentially and be routine, repeated, or generalized.

Recovering Damages In Landlord or Property Manager Harassment Cases

California and federal laws make it clear that a property manager or landlord should not harass their tenants sexually. That said, tenants who fall victim to sexual harassment are entitled to pursue damages from the perpetrator. This will often be the landlord, the property manager, or the firm managing that property. A property manager or landlord can be held liable for failing to take adequate and prompt action or to establish proper rules about sexual harassment.

You can recover multiple damages in a claim or lawsuit against your landlord or property manager for sexually harassing you. Examples of damages in these kinds of cases include the following:

  • Actual damages
  • Treble damages
  • Attorney’s costs and fees
  • Punitive damages
  • Emotional distress damages

The landlord or property manager may also be subject to civil penalties, which vary in value and from one city to another. The civil penalties are awarded to you. In some instances, additional compensation may exist for you if you are disabled or elderly. The extra compensation may be for pain and suffering, emotional distress, mental anguish, psychiatric harm, and psychological harm.

You may also pursue other legal actions against the landlord or property manager that will lead to being awarded other monetary damages. These actions include constructive or wrongful eviction, covenant of quiet enjoyment, breach of contract, and deliberate infliction of emotional distress.

  • Covenant of enjoyment and breach of contract. All residential tenancy agreements have an implied covenant of quiet enjoyment, guaranteeing that the tenant will enjoy their apartments peacefully. Per Section 1927 of the Civil Code, you can sue for your rent back if the property manager or landlord has considerably interfered with your peaceful enjoyment of your rental. You can also sue the landlord or property manager for breach of contract if they have withdrawn services or subject you to constant threats of eviction.
  • Constructive eviction. If your property manager or landlord’s sexual harassment conduct compelled you to vacate your apartment, you can pursue the charges of moving to another rental. The rent differential might even be tripled if the property manager or landlord was motivated by their desire to have you vacate under rent control.

Landlord or Property Manager Cannot Retaliate Against Tenant Who Reports Sexual Harassment

Your landlord or property manager may attempt to retaliate against you for reporting them for sexual harassment or declining their sexual advances. Examples of retaliatory actions from either of these parties include the following:

  • Evicting you wrongly
  • Increasing rent
  • Forcing you to move to another apartment
  • Denying you a rental apartment
  • Growing number of noise and other tenant complaints

When your landlord or property manager does any of the above actions merely because you declined their sexual advances or reported them for sexual harassment, they would have retaliated against you. You are entitled to fight retaliation in housing cases. An attorney can assist you in receiving compensation and obtaining the justice you deserve.

Is Your Landlord or Property Manager Liable If Another Tenant Sexually Harasses You?

Your property manager or landlord must provide a safe living environment in return for you paying rent. Thus, they must do everything possible to prevent or stop harassment or unsafe living conditions. Should another tenant subject you to sexual harassment, you are entitled to notify your landlord or property manager. They must then act against that tenant. A first warning can alert the tenant that their conduct is unacceptable.

Should the tenant continue the harassment, your landlord or property manager should issue fines and written warnings and ultimately move to evict the tenant. If they remain silent after you inform them of the sexual harassment, you are entitled to sue them for sexual harassment under state laws or the FHA.

Statute of Limitations to File a Landlord or Property Manager Sexual Harassment Claim

The statute of limitations is the law that governs the period a victim has to pursue legal action in civil cases. The period within which you can file a landlord or property manager sexual harassment claim depends on the law under which you bring your claim.

Under the FEHA, you have two years to pursue a private legal action for landlord or property manager sexual harassment. If this period passes, you may lose your right to pursue the compensation you deserve. Under the Unruh Civil Rights Act, you have two years to file a sexual harassment claim against your property manager or landlord. Under the Ralph Act, you have three years to file a sexual harassment claim against your landlord or property manager.

Find an Experienced Sexual Harassment Attorney Near Me

The laws against property manager or landlord sexual harassment can be intricate. Knowing your rights can be challenging, particularly if you do not know these laws. A skilled sexual harassment attorney can easily help you understand what law applies to your case and help you pursue the justice you deserve.

At Empower Sexual Harassment Attorneys, we may be able to help you successfully move your complaint through the proper channels and obtain the best possible outcome. We have helped many tenants throughout San Diego obtain the compensation they deserve, and we look forward to doing the same for you. We always aim to settle the case quickly with the most favorable remedies. Call us at 619-604-3027 for a free consultation.