Leah Sykes, owner of Andor Law in Oregon, created a webinar, “Harassment and Neighbor vs. Neighbor Disputes,” seven years ago because she said managers and on-site personnel on the West Coast were dealing with the stress and anxiety of harassment daily.
“I wanted to come up with something explaining how to follow the law,” Sykes said. “I wanted to allow everyone to understand what the boundaries are that a manager can and can’t do.”
From a legal standpoint, “harassment is engaging in conduct that prevents someone from enjoying the property. It’s intentional conduct to disturb someone,” Sykes said.
The Department of Housing and Urban Development divides harassment into two core legal categories: quid pro quo harassment—an unwelcome request or demand to engage in conduct where submission is made a condition related to the sale, rental, terms, or services of housing—and hostile environment harassment—unwelcome conduct that is sufficiently severe or pervasive as to unreasonably interfere with the use, enjoyment, or availability of a dwelling, or the exercise of fair housing rights.
She said federal Fair Housing Act (FHA) rules can be fairly broad, but managers can take steps to protect themselves from FHA complaints.
The most important thing managers need to do is document everything: the initial harassment complaint, any corroborating evidence of the harassment, and the actions taken by staff to address the harassment and prevent it from continuing.
“Creating a written record is very helpful in Fair Housing investigations. By keeping things in writing, it keeps things uniform and shows rules were applied uniformly,” she said. “It’s been very successful for housing providers because it takes the emotion and drama out of it. It allows the on-site manager to say, ‘If I do these things, I have done everything I can under the law. I don’t need to take this home with me.’”
This way, they aren’t blaming themselves and take the stress home when they should be enjoying their family and friends during their time off.
“It becomes problematic when harassment is happening, and management can’t get the evidence needed to get a lease termination,” Sykes said. “You can’t take action without substantiated allegations.”
Dealing with a resident with mental health or addiction issues could also make harassment complaints difficult. At that point, Sykes said management should have social services step in to help address the issue. She said a lack of access to outside resources can put pressure on staff.
“On-site staff have to step in for things that aren’t trained to do,” she said. “And when the complaint isn’t addressed in a way the resident feels is satisfactory, we see Fair Housing complaints.”
Sykes said it is important for staff to learn how to properly explain when they are limited in what they can do. Sometimes, on-site staff can’t provide answers that will satisfy the resident who made the complaint.
She said managers still need to investigate every complaint for corroborating evidence and be as transparent as possible. The investigation could involve any available video, if the harassment took place in common areas, or emailing neighbors to see if they heard or saw any harassment on the date the complainant indicated the harassment took place. Managers must conduct investigations in a way that protects the privacy of everyone involved under the law.
The manager could also provide the complainant with a form spelling out what the manager can legally do so the resident has a reasonable expectation.
To take action, Sykes said, staff needs sufficient evidence. She recommends a curable notice, which lets the resident know that if their harassing behavior continues, they will lose their tenancy. However, if the harassment is severe, such as a physical assault, the eviction can be fast-tracked.
“Transfer is a great way to address the situation,” Sykes said. “For example, someone is noise-sensitive and is next to a family with children. I would advise providing the opportunity for the people to transfer to a different unit, if possible.”
Additionally, documenting everything reduces reliance on people’s memories.
“Even if the complaint doesn’t rise to the level of harassment, acknowledge the resident and communicate with them. The fastest way to have a lawsuit is not to respond,” Sykes said. “But it’s OK to slow down and respond after you’ve looked over everything.”
Jennifer Jones is the senior director of communications and public relations for NAHMA.