Dist. Ct. erred in granting defendant-landlord’s motion to dismiss plaintiff-tenant’s action under Fair Housing Act (FHA) action, alleging that defendant failed to provide her with non-discriminatory housing and retaliated against her for making complaints of discrimination, where plaintiff asserted that other tenants in instant senior living community subjected her to series of verbal and physical abuse based on her lesbian sexual orientation, and that defendant failed to take appropriate action to stop said harassment. FHA extends liability for landlords who have actual notice of tenant-on-tenant harassment based on protected status, and yet chooses not to take any reasonable steps within its control (such as disciplining harassing tenants) to stop said harassment. Moreover, plaintiff alleged viable harassment claim, where plaintiff asserted that: (1) certain residents called her “fucking dyke,” “fucking faggot,” and “homosexual bitch,” while others either knocked plaintiff off her scooter with their walker, bashed their wheelchairs into plaintiff’s dining table, and uttered slurs on elevator. Plaintiff also alleged that: (1) she routinely reported said verbal and physical harassment to defendant’s staff, who either dismissed said complaints, attributed said incidents as accidents or told plaintiff that she was liar; and (2) defendant took steps in retaliation by barring her from various common areas of housing complex. Ct. also found that plaintiff had viable post-acquisition discrimination claim because alleged discrimination affected provision of services and facilities connected to her rental.
Federal 7th Circuit Court
Civil Court
Fair Housing Act