Congress passed the Fair Housing Act (“FHA”) during the Civil Rights movement, seeking to dispel discriminatory practices in the United States housing market. Relevant here, the FHA makes it unlawful to discriminate against protected class members in the “terms, conditions, or privileges of...rental of a dwelling, or in the provision of services or facilities in connection therewith....” Additionally, under the FHA, it is unlawful to “...interfere with any person in the exercise or enjoyment of...any right granted or protected...in this title.” Whether the FHA can be construed to make it unlawful for a property owner to acquiesce in tenant-on-tenant discriminatory harassment without facing potential liability under §§ 3604 and 3617 was addressed by the seventh circuit in Wetzel and second circuit in Francis.
This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 28, 2022. The original post can be accessed via the Archived Link button above.
Cinquina, Nicholas, "Landlord Duties To Combat Tenant-on-Tenant Discrimination under the Fair Housing Act" (2022). ERSJ Blog. 40.