On September 14, 2016, HUD issued the final rule entitled Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act .
This final rule amends HUD’s fair housing regulations to:
- Formalize definitions of ‘‘quid pro quo harassment’’ and ‘‘hostile environment harassment’’ under the Fair Housing Act;
- Formalize standards for evaluating claims of quid pro quo and hostile environment harassment under the Fair Housing Act;
- Add illustrations of prohibited quid pro quo and hostile environment harassment to HUD’s existing Fair Housing Act regulations; and,
- Identify traditional principles of direct and vicarious liability applicable to all discriminatory housing practices under the Fair Housing Act, including quid pro quo and hostile environment harassment.
A further summary and the full text of the final rule are available after the jump.
According to the Community Associations Institute:
Under the rule, community associations may be liable under the Fair Housing Act for the discriminatory actions of residents who harass or create a hostile environment for other residents.
And, in response to concerns raised by CAI, the final rule:
- plainly provides in guidance that not all resident disputes rise to the level of housing discrimination;
- clarifies that community associations do not have a general duty to halt housing discrimination, but must take prompt action to halt housing discrimination when the association is required to by law or governing documents;
- clarifies that community associations are not required to take actions outside the scope of authority under law or governing documents to halt housing discrimination; and,
- adds a “reasonable person” standard to determine if or when a community association should have been aware of and acted to halt housing discrimination by third parties if required to do so by law or governing documents.