New HUD Rule Expands Harassment And Liability Claims
Law360, New York (November 23, 2015, 3:17 PM EST) -- Hard on the heels of the Supreme Court's disparate impact decision and the release of the final Affirmatively Furthering Fair Housing rule last summer, the Department of Housing and Urban Development has released a proposed rule that clarifies two types of harassment claims under the Fair Housing Act. 80 Fed. Reg. 63720 (Oct. 21, 2015). The first is so-called "quid pro quo" (QPQ) harassment — literally, "this for that" harassment — where a person is subjected to an unwelcome demand based on the person's protected characteristic and submission is required as a condition to the person's housing. This would commonly include sex-based harassment, for example, such as a demand for sexual favors in exchange for renting a unit or maintaining waiting list status. QPQ harassment may occur, says HUD, even where the victim acquiesces to the demand....
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