By Kristina Smith and Lauren DiMartino

Harassment has no place in our homes. Yet far too many people—especially people of color, immigrants, and LGBTQ+ individuals—continue to face hate, intimidation, and threats in the very places where they should feel safest. The Fair Housing Act (FHA) is more than a shield against traditional discrimination. It is also a powerful legal tool to address and prevent harassment and hate in our communities, particularly when those harms come from neighbors, landlords, or homeowner associations.

Real Stories Highlight a Growing Threat

Recent cases demonstrate the urgent need to address harassment in housing and remind us that such harassment is not just morally wrong—it is illegal.

In October 2024, a Black woman and her children in upstate New York sued their neighbor after enduring years of racial slurs. Despite two arrests and a court order to stay away, the neighbor continued the harassment. A federal court denied the neighbor’s motion to dismiss and allowed the case to proceed—finding that the facts alleged were sufficient to create a hostile housing environment in violation of the Fair Housing Act because the woman and her children faced a constant onslaught of severe and pervasive racial epithets. David v. Whittaker, No. 3:24-CV-699, 2024 WL 4512407 (N.D.N.Y. Oct. 17, 2024).

Earlier this year, the D.C. Attorney General announced a significant legal settlement against a property manager who had failed to address serious harassment of Black female tenants. These tenants had reported that a white male tenant repeatedly threatened them with physical violence, hurled racial and sexual slurs, and, at one point, attempted to run over one woman with his car. Despite multiple complaints, the property manager refused to act. The Office of the D.C. Attorney General sued the property manager for violating the D.C. Human Rights Act, which prohibits discrimination in housing similar to the FHA, and the Consumer Protection Procedures Act. The case resulted in a settlement that required the property manager to implement new policies to address harassment, re-train all employees on fair housing laws, pay $50,000 in penalties, and reach independent financial settlements with the impacted tenants.

These cases are unsurprising considering that hate crimes are on the rise in the United States. According to FBI statistics released in September 2024, the number of reported hate crimes in the U.S. rose for the third consecutive year. In 2023, law enforcement agencies reported 11,862 hate crimes, a two percent increase from the prior year. Over fifty percent of reported hate crimes were motivated by race, ethnicity, and ancestry, with Black people remaining the most frequently targeted group. Nearly one quarter were motivated by religion. This alarming trend underscores the importance of strong protections like the FHA to combat harassment and keep communities safe.

The Fair Housing Act: A Hard-Won Shield Against Harassment

Enacted in 1968 shortly after the assassination of Dr. Martin Luther King Jr., the FHA was a hard-fought response to decades of state-sponsored segregation and private discrimination. The law affirms that safe, stable, and discrimination-free housing is essential to economic stability, educational success, and physical and mental well-being.

Under the FHA, the U.S. Department of Housing and Urban Development (HUD) recognizes two types of unlawful harassment: (1) quid pro quo and (2) hostile environment. Quid pro quo harassment occurs when housing or housing benefits are conditioned on submitting to unwelcome conduct, such as a landlord demanding sexual favors in exchange for making repairs. Hostile environment harassment involves unwelcome conduct, based on a protected characteristic (e.g. race, color, sex, national origin, religion, disability, or familial status) that unreasonably interferes with a person’s housing rights. This may include ongoing racial slurs, threats, vandalism, or other forms of abuse that create a climate of fear or intimidation. Most housing-related hate crimes fall into this category.

To succeed in an FHA claim, a person must show that the harassment was motivated by a protected characteristic and was serious enough to interfere with their housing rights. Courts consider the full context, including how often the harassment occurred, its nature, and its impact. The FHA has addressed many hostile housing environments, including cases where a landlord made racialized accusations about a Congolese tenant (Kapinga v. Terrance Pond, LLC), a mobile home park selectively enforced codes against Hispanic residents (Teran v. Village of Wheeling), a homeowners’ association president vandalized a home with anti-Semitic slurs (Halprin v. Prairie Single Family Homes), and a neighbor repeatedly harassed residents of color (Fair Housing Center of Central Indiana v. New).

Available Legal Pathways

The FHA offers multiple ways to enforce rights and seek remedies. Victims of harassment can enforce their civil rights in two main ways: (1) file a complaint with HUD or with a state or local fair housing agency, or (2) bring a private lawsuit in state or federal court. Unfortunately, federal complaint filing with HUD has been severely restricted under the current administration, making state and local agencies or private suits more viable pathways for victims seeking justice. Successful litigation of FHA or state law claims may result in:

• Monetary compensation for emotional distress or financial losses;
• Civil penalties and punitive damages;
• A court order compelling or prohibiting certain actions;
• A restraining order;
• Policy reforms, such as landlord training or improved reporting procedures;
• Early lease termination without penalties;
• And, in some cases, criminal prosecution under state hate crime laws or federal civil rights statutes.

These enforcement options provide crucial tools to hold perpetrators accountable and help restore safety and dignity to affected individuals and communities.

Ensuring Safety and Dignity at Home

Harassment and hate have no place in our homes, neighborhoods, or communities. The FHA provides essential civil rights protections that combat hate and promote safe, inclusive communities.

Lauren DiMartino’s client-centered practice is focused on ensuring diverse communities can thrive. Her robust practice involves utilizing the Fair Housing Act to assist individuals and non-profits impacted by discriminatory conduct and to challenge systems perpetuating segregation. If you or someone you know is experiencing harassment or discrimination where you live, contact Lauren today to learn more about your rights and how we can help protect them.

This blog was primarily authored by BGL summer associate Kristina Smith. At the time of publication, Kristina is a fourth-year dual degree student at the University of North Carolina pursuing both a Juris Doctor (J.D.) and a Master of Social Work (M.S.W.). She serves as a student attorney at UNC’s Civil Legal Assistance Clinic, an editor for the North Carolina Banking Institute Journal, and a member of the Holderness Moot Court Team. In the summer of 2024, Kristina completed an internship at the Civil Rights Division of the United States Department of Justice, where she worked on fair housing matters in the Housing & Civil Enforcement Section.