A recent ruling by the United States Court of Appeals for the Second Circuit rules that FHA landlords may be held liable for Tenant-on-Tenant Harassment. (Case Donahue Francis v. Kings Park Manor Inc., Corrine Downing et. al.; (2:14-cv-03555)) Significant rulings, such as the recent decision by the 2nd Circuit Court, should immediately alert landlords and property managers to review screening policies and insure the most vigorous tenant checks are conducted to keep existing and new tenants safe.
The Second Circuit court recently ruled on a Tenant-on-Tenant case (2:14-CV-03555) and noted that FHA landlords may be liable for such harassment. One of the most critical responsibilities of a landlord is in protecting existing and new tenants, and this process can be best served by a thorough tenant check; one conducted by a well-qualified third-party tenant screening agency.
Recently the Second Circuit court ruled on a Tenant-on-Tenant harassment case, a ruling that could have significant repercussions for landlords and, potentially, tenant screening.
From BusinessInsurance.com (Mar. 05, 19):
The federal Fair House Act is analogous to Title VII of the Civil Rights Act of 1964 in holding a landlord can be held liable for failing to promptly respond to a racially hostile housing environment, says a federal appeals court in a divided opinion that overturns a lower court ruling.
In 2010, Donahue Francis, a black man, signed a rental lease agreement with Kings Park, New York-based Kings Park Manor Inc. and moved into an apartment unit of a KPM-owned complex managed by Corrinne Downing, according to Monday’s ruling by the 2nd U.S. Circuit Court of Appeals in New York in Donahue Francis v. Kings Park Manor Inc., Corrine Downing et. al.
After several uneventful months, Mr. Francis’ next-door neighbor began to subject Mr. Francis “to what only can be described as a brazen and relentless campaign of racial harassment, abuse, and threats,” said the ruling. businessinsurance.com/article/20190305/NEWS06/912327079/Landlord-can-be-responsible-for-tenant%E2%80%99s-racist-actions-court-rules
In finding that landlords may be held liable for tenant-on-tenant harassment, a thorough tenant check becomes all-the-more critical.
A primary responsibility of a landlord is the protection of property, person, and perception or reputation. A tenant background check can greatly assist in vetting an applicant and assist landlords in making a well informed decision.
The complicated finding reveals that FHA landlords have a specific responsibility in protecting their tenants.
From theLaw.com (Mar 05, 19):
The federal housing authority itself had found, and promulgated rules that found, a hostile harassment environment between tenants to be a violation under federal housing rules—and that a housing provider can be held liable, as the authority said in its amicus brief filed in the case, “in certain circumstances for failing to address tenant‐on‐tenant harassment.” law.com/newyorklawjournal/2019/03/05/second-circuit-rules-fha-landlord-can-be-liable-for-tenant-on-tenant-harassment/
In the end, rulings such as the recent 2nd Court finding should alert landlords and/or property managers to work closely with a professional tenant screening agency to insure their screening policies are as thorough and as compliant as possible and to avoid the potential for discrimination.
To learn more about how this recent ruling by the 2nd Circuit could impact landlords and even hold them liable for harassment between tenants and how professional tenant screening could help avoid such situations read recent TenantScreeningUSA.com press release: 2nd Circuit Ruling on Tenant-on-Tenant harassment May Hold Landlord Liable