KNOW YOUR RIGHTS:

Survivors of Sexual Harassment

Persons Protected By Sexual Harassment Laws

Federal Protection from Sexual Harassment in Housing Discrimination

“refers to an unwelcome request or demand to engage in conduct where submission to
the request or demand, either explicitly or implicitly is made a condition related to: the
sale, rental or availability of a dwelling; the terms, conditions, or privileges of the sale or
rental, or the provision of services or facilities in connection therewith; or the availability,
terms, or conditions of a residential real estate-related transaction.”

Additional Protection in Massachusetts

Massachusetts Civil Rights Act

Termination of a Lease

Change of Locks

The Act to Prevent Harassment

• not abuse them by physical harm, attempt to physically harm, or place them in fear of imminent serious physical harm, and stop harassing (a) by any willful and malicious conduct aimed at them and intended to cause fear, intimidation, abuse, or damage to property; (b) by using force, threat, or duress to make them engage in sexual relations unwillingly; or (c) by committing against them any act that violates the Commonwealth’s laws on indecent assault and battery, rape, statutory rape, assault with intent to rape, enticing a child, criminal stalking, criminal harassment, or drugging for sexual intercourse;
• not content them, unless authorized by the Court;
• remain away from their residence and/or workspace; or
• pay monetary compensation for losses (e.g. loss of earnings, out-of-pocket losses for injuries sustained or property damaged, cost of replacement locks, medical expenses, cost for obtaining an unlisted phone number) suffered as a direct result of the harassment. Mass. Gen. Laws Ch. 258E, § 3(a).

Additional Protection in Rhode Island

• If a landlord deliberately uses a rental agreement containing provisions known to be unlawful, the tenant may recover, in addition to actual damages, an amount up to three months’ rent and reasonable attorney’s fees. § 34-18-17(b).
• If a provision in a rental agreement or settlement agreement is unconscionable (that is, of a degree so unreasonable or unfair) when made, the court may refuse to enforcement the agreement. § 34-18-13(a).

• A rule or regulation, created by the landlord and concerning a tenant’s use and occupancy of the premises, is unenforceable if:

1. its purpose is not to (a) promote the convenience, safety, or welfare of tenants on the premises; (b) preserve the property from abusive use; or (c) make a fair distribution of services and facilities held out for tenants generally;
2. it is not reasonably related to its purpose;
3. it is not sufficiently explicit in its prohibition, direction or limitation of tenant’s conduct to fairly inform the tenant of what the tenant must or must not do to comply;
4. it does not apply to all tenants on the premises in a fair manner;
5. it its purpose is for a landlord to evade duties; or
6. tenant does not have notice of it. § 34-18-25(a).

• A landlord cannot abuse the right of access or use that right to harass the tenant. Unless impracticable or in the instance of an emergency, the landlord must give two days’ notice of intent to enter and may only enter at the dwelling at reasonable times. § 34-18-26(C).
• If the landlord unlawful enters the dwelling, lawfully enters in an unreasonable manner, or makes repeated demands for otherwise lawful entry that has the effect of unreasonably harassing the tenant, the tenant may obtain relief to prevent the recurrence of the conduct or terminate the rental agreement. § 34-18-45(b).

Rent

• Before increasing rent, a landlord for a residential tenancy, must provide notice of the increase in writing to a tenant at least 30 days before the rent is increased. § 34-18-16.1.

• A landlord must comply with the requirements of applicable building and housing codes affecting health and safety; make repairs and do “whatever is necessary to put and keep the premises in a fit and habitable condition,” and keep all common areas of the premises in a clean and safe condition; and maintain in good and safe working order and a condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, supplied or required to be supplied by the landlord. § 34-18-22(a). A tenant may recover actual damages and receive injunctive relief for a landlord’s failure to comply. § 34-18-28.
• If a landlord unlawfully removes a tenant from the premises or willfully (i.e. intentionally, knowingly and purposely without justifiable excuse) diminishes services to a tenant by interrupting an essential service, the tenant may recover possession of the dwelling or terminate the rental agreement. The tenant may also recover possession, terminate the rental agreement, and recover the greater of three months of rent or threefold the actual damages sustained. § 34-18-34.

• A landlord may not retaliate by increasing rent, decreasing services, or by threatening eviction because a tenant availed themselves of any lawful rights or remedies. § 34-18- 46(a)(4). If a landlord engages in this sort of retaliation the tenant is entitled to recover possession, terminate the rental agreement, and recover the greater of three months of rent or threefold the actual damages sustained. § 34-18-46(b).

Rhode Island Domestic Violence – Restraining Order

• that the offender be restrained from contacting, assaulting, molesting, sexually exploiting or interfering with the person at home or on the street;
• that the offender vacate the household immediately;
• that the person retain custody of minor children, rather the offender; and
• that the offender surrender firearms. § 15-15-3(a).

Some Activities Covered Under Fair Housing Law

• Sales, rentals, services, facilities, policies, and negotiations related to housing;
• Statements of preference, limitation, or discrimination in housing transactions;
• Eviction and termination of residency;
• Housing eligibility determinations;
• Tenant screening;
• Provision of reasonable accommodation and modification for persons with disabilities;
• Terms, conditions, and privileges of the sale or rental of housing;
• Aided someone else in engaging in housing discrimination;
• Relations between residents;
• Interference with a person’s enjoyment of a dwelling; and
• Retaliatory conduct made as a result of another person asserting fair housing rights.

Persons Prohibited from Engaging in Sexual Harassment in Housing

Examples of Sexual Harassment that May Constitute Fair Housing Violations*

• A landlord asks a person to perform sex or sexual favors to avoid eviction;
• A housing provider asks a person to perform sex or sexual favors in exchange for reduced rent, repairs, excused late payments, or excused fees;
• An agent of the housing provider engages in unwelcomed sexual conduct, which may include making unwanted sexual advances, groping or touching;
• A property manager threatens eviction on the basis of refusal to engage in sexual conduct;
• A landlord makes severe or pervasive unwelcome, sexually suggestive comments in person, over the phone, or via text and enters a residence without permission;
• A contractor of the housing provider refuses to repair a residence if a person does not send nude photos;
• A homeowner refuses to rent or sell a home to a person because of their gender, gender identity, gender expression, or sexual orientation;
• A housing provider attempts to evict or increase rent for reporting sexual harassment; or
• Housing authority employees retaliate for reporting sexual harassment or refusing sexual advances.

1. Testimony from the person who experienced or any person who witnessed the severe or pervasive unwelcome, sexually suggestive comments or conduct.
2. Emails, text messages, screenshots of Snapchats, or other forms of communication that show a landlord is requesting sexual favors in exchange for reduced rent or repairs.
3. Application materials that may inquire about your sexual orientation.
4. Diary entries or notes made by the person who experienced the sexual harassment regarding: what happened; when and where it happened; any statements made; the names and position of the harasser; the names, addresses, and phone numbers of any witnesses or any other tenants who have also been harassed; and/or how the person experiencing the harassment felt when the event(s) transpired.
5. Any other documents related to the harassment, including: notes or gifts from the harasser, rent increase notices, warning notices, eviction notices, or police reports.
6. Recordings of conversations that have been lawfully obtained. In Rhode Island, you are not required to disclose that you are recording if you are a party to the conversation or at least one person is a party to the conversation consents to the recording after having full knowledge and notice that the conversation will be recorded. In Massachusetts, it is only legal to record audio if every person being recorded knows they are being recorded. To see the recording laws applicable for other states, visit https://www.mwl-law.com/wp-content/uploads/2018/02/RECORDING-CONVERSATIONS-CHART.pdf.

Additional Law That Protects Against Sexual Harassment in Housing

The work that provided the basis for this publication was supported by funding under a grant (EOI190024) with the U.S. Department of Housing and Urban Development.  The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication.  Such interpretations do not necessarily reflect the views of the Federal Government.