Preventing Staff Harassment in Property Management - The Fair Housing Institute, Inc.

Preventing Staff Harassment in Property Management

/ Compliance, Fair Housing Insiders, Harassment / By

Employee harassment of residents represents one of the most serious legal exposures a housing provider can face. It strikes at the core of the landlord-tenant relationship, threatening a resident’s safety and security in their own home. For property management companies and housing providers, understanding the gravity of this issue and implementing robust prevention and response protocols is paramount, not optional.

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Why Staff-on-Resident Harassment is a Critical Violation

When harassment originates from an employee—someone in a position of authority like a manager, leasing agent, or maintenance technician—it dramatically elevates the severity of the violation. A home is where a person is supposed to feel safest, and experiencing a hostile environment created by staff can lead to emotional distress, complete withdrawal, or even a resident choosing to avoid their community entirely.

Key Difference from Resident-on-Resident Harassment:

Confusion on Reporting: It can be confusing for a resident to know who to report harassment to when the harasser is a person in a position of authority over them.

Altered Tenancy Terms: Staff authority means harassment can effectively alter the terms of the resident’s tenancy.

Fear of Retaliation: Residents may hesitate to request essential services (like maintenance) or report incidents out of fear of further harassment from the person in authority.

Defining Harassment Under the Fair Housing Act

Harassment constitutes any offensive or threatening comment or gesture related to a resident’s protected category.

The seven federally protected categories are:

  • Race
  • Color
  • Religion
  • National Origin
  • Sex
  • Familial Status
  • Disability

Examples of Harassing Employee Behavior:

  • Repeatedly soliciting a resident for dates or making inappropriate sexual comments (based on the protected category of Sex).
  • Making derogatory comments to a resident based on their national origin or country of origin.
  • Telling a resident who has requested a reasonable accommodation that they are “faking” their disability.

Any behavior that creates a hostile environment based on one of these categories is a serious fair housing violation.

Understanding Liability: The Company is Always at Risk

A common misconception is that the liability falls only on the individual employee. Under the Fair Housing Act, this is false. Both the company (housing provider/management) and the individual employee who engaged in the behavior would most likely be named in any resulting legal action and can both be held liable for damages. A company cannot simply distance itself from the actions of its staff.

Preventing Harassment: The Most Important Step

While many companies mandate training on sexual harassment in the workplace, few adequately focus on employee-on-resident harassment or other types of illegal harassment (based on race, disability, religion, etc.). Effective prevention relies on comprehensive training and clear, enforceable policies.

Essential Prevention Measures:

Establish a Clear Policy: Every company should have a written policy addressing both employee-on-resident and resident-on-employee harassment.

Broad Harassment Training: All staff must be trained on what constitutes harassment under the Fair Housing Act, extending beyond just sexual harassment to cover all protected categories.

Addressing Personal Bias: Train employees to recognize how their personal biases regarding religion, race, or national origin can spill into resident interactions with serious consequences.

Response Protocol: What to Do When a Harassment Complaint is Filed

When a resident makes a complaint, the company’s response is immediately scrutinized by enforcement agencies like HUD. The way leadership handles the situation is critical to mitigating liability.

Steps for Effective Complaint Response:

  1. Acknowledge and Believe: Acknowledge the complaint immediately. It is essential not to discourage reporting or imply that you do not believe the person.
  2. Investigate Thoroughly: Always take all reports seriously and conduct a thorough investigation into the allegation.
  3. Take Action: Doing nothing is never an option. Actions should vary with the circumstances, but may include:
    • Staff counseling or re-training.
    • Issuing disciplinary notices.
    • Implementing measures to physically separate the employee and the resident (e.g., reassigning staff).
    • Ensuring a witness is present for future interactions between the parties.

Harassment is unacceptable in any housing setting. When it originates from an employee, the housing provider’s responsibility to act decisively and correctly is amplified. Proactive training and immediate, documented response are the only ways to uphold fair housing standards and protect your community.

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