Tenants Claim Sexual Harassment by Building Super

The United States and five female tenants sued landlord for violating the Fair Housing Act based on charges that landlord subjected the tenants to sexual harassment by the building super. Tenants claimed severe and repeated acts of harassment, including routine solicitation of sexual favors in exchange for housing benefits, unwanted verbal and physical sexual advances, and conditioning tenancy terms on granting sexual favors. They claimed that landlord was aware of the super's conduct and allowed it to continue. Tenants sought money damages, civil penalties, punitive damages, and injunctive relief. Landlord asked the court to dismiss the case, claiming that tenants had already raised the sexual harassment claims in various eviction proceedings for nonpayment of rent. The court ruled against landlord. The housing court didn't reach any final decision on the merits of the defenses raised by the tenants relating to sexual harassment. And the housing court has neither the authority nor the expertise to decide federal discrimination claims. Tenants can proceed with their case in federal court.

United States v. Katz: Index No. 10 Civ. 3335, 2011 WL 2175787 (SDNY; 6/2/11; Sweet, DJ)