Landlords May Be Liable For Tenant-on-Tenant Harassment

Some attorneys may be familiar with and can competently advise their clients regarding the federal and state causes of action for hostile work environment. However, there is a similar, lesser-known cause of action for discrimination in the housing context known as "hostile housing environment" that warrants attention in light of a fairly recent opinion by the Seventh Circuit clarifying its scope.

The Seventh Circuit first recognized a cause of action for hostile housing environment sex discrimination in DiCenso v. Cisneros, 95 F.3d 1004 (7^th Cir. 1996). In DiCenso, the Court applied the Title VII standard for hostile work environment to housing discrimination claims, holding that a landlord can be liable to its tenant for sex discrimination, including sexual harassment, "when the offensive behavior unreasonably interferes with [the tenant's] use and enjoyment of the premises." Id. at 1008. As in the work context, sex-based harassment in the housing context places