Court Allows Tenant Harassed by Another Tenant to Hold Landlord Liable
An important landlord and tenant case decided in December could have an effect on landlords around the country. The court specifically held that landlords can be held liable under the Fair Housing Act if they fail to reasonably address tenant race discrimination from other tenants. This is the first time the law has been expanded beyond direct action by landlords and allowed for landlords to be held liable for actions committed by third parties. The case involved a tenant who allegedly experienced egregious discriminatory harassment from his next-door neighbor, who remained a tenant in the building even after he was arrested by police for aggravated harassment and a protective order was entered against him. What The Fair Housing Act Says The Fair Housing Act prohibits discrimination “by direct providers of housing,” such as landlords and real estate companies, as well as those in connection with the housing, such as banks and lending institutions, if/where discriminatory practices make housing unavailable to someone due to: Disability; Familial status; National origin; Race/color; Religion; or Sex. The Act has traditionally been utilized by the Department of Justice in cases involving discrimination in home improvement or mortgage loans, or where a group of individuals has had their rights denied and it raises issues of general concern. In addition, individuals who feel that they have been victims of an illegal housing practice can file a complaint with the Department of Housing and Urban Development or in court. Can Commercial Landlords Now Be Sued for Failing to Kick Out Commercial Tenants That Harass Nearby Commercial Tenants? To what extent this could be applied to commercial landlords who, for example, are faced with the prospect of whether they should rent to someone who has a protection order entered against them by a party near the space for harassment reasons unconnected to race discrimination remains to be determined. The circumstances of the case involved the Fair Housing Act’s specific prohibition against racial discrimination in the rental of a dwelling. However, the majority did liken landlords taking action for littering on the premises with the need to take action to address tenant-on-tenant harassment complaints, which implies a broad reading of the statute. Still, with existing privacy laws in place, many wonder what the landlord could have done, exactly, to halt the offending behavior. In addition, a number of landlords might be concerned that the individual allegedly engaging in harassment could sue them for discrimination and violating their rights for evicting them, especially if the concerning behavior that is the subject of complaints from neighbors only involves speech. If You Have Questions, Get in Touch with Our Florida Landlord/Tenant Attorneys If you have a question about a landlord/tenant legal issue, contact our experienced Tampa commercial landlord and tenant attorneys at HD Law Partners. Consulting an experienced attorney when a dispute arises can help prevent litigation like this. Resource: courthousenews.com/harassed-tenant-gets-ok-to-hold-landlord-liable/ Florida Residents & Homeowners’ Association Disputes Over Painting Posted in Homeowners Association, Landlord Tenant | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us