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CAN THE ASSOCIATION SIMPLY LOOK THE OTHER WAY?
By
Eric Glazer, Esq.
Published July 2, 2018
Two neighbors are constantly engaged in fighting. Can the
association simply say “This is a private matter. It has
nothing to do with us. We are not going to get involved.”
It depends……….
The nature and circumstances surrounding these arguments may
require that the association thrust itself into the middle of
the fight, or else be sued under the Fair Housing Act for
allowing “Hostile Environment Harassment.”
Hostile environment harassment refers to unwelcome conduct that
is sufficiently severe or pervasive as to interfere with: The
availability, sale, rental, or use or enjoyment of a dwelling;
the terms, conditions, or privileges of the sale or rental, or
the provision or enjoyment of services or facilities in
connection therewith; or the availability, terms, or conditions
of a residential real estate-related transaction. Hostile
environment harassment does not require a change in the economic
benefits, terms, or conditions of the dwelling or
housing-related services or facilities, or of the residential
real-estate transaction.
(i)Totality of the circumstances. Whether hostile environment
harassment exists depends upon the totality of the
circumstances.
(A) Factors to be considered to determine whether hostile
environment harassment exists include, but are not limited to,
the nature of the conduct, the context in which the incident(s)
occurred, the severity, scope, frequency, duration, and location
of the conduct, and the relationships of the persons involved.
(B) Neither psychological nor physical harm must be demonstrated
to prove that a hostile environment exists. Evidence of
psychological or physical harm may, however, be relevant in
determining whether a hostile environment existed and, if so,
the amount of damages to which an aggrieved person may be
entitled.
(C) Whether unwelcome conduct is sufficiently severe or
pervasive as to create a hostile environment is evaluated from
the perspective of a reasonable person in the aggrieved person's
position.
Harassment can be written, verbal, or other conduct, and does
not require physical contact.
(c)Number of incidents. A single incident of harassment because
of race, color, religion, sex, familial status, national origin,
or handicap may constitute a discriminatory housing practice,
where the incident is sufficiently severe to create a hostile
environment, or evidences a quid pro quo.
So, if an owner claims that another owner’s conduct is so severe
that it interferes with their use or enjoyment of the dwelling,
that at least triggers a requirement by the association to find
out what the owners are fighting about. After investigation, if
it is clear that one owner is harassing another and preventing
their right to use and enjoy their dwelling, the association has
an obligation to interfere and take action against the offending
owners.
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