Sexual harassment is prohibited as a form of sex discrimination

Sexual harassment is prohibited as a form of sex discrimination under the New York State Human Rights Law as well as other

federal and local laws. This unlawful conduct may occur in many contexts, including employment, housing, educational

institutions, or public places. The New York State Division of Human Rights (DHR) enforces this important law.

WHO MUST FOLLOW THE LAW?

Anyone who sells, rents, or leases housing must follow the

Human Rights Law. This includes: owners, tenants,

subtenants, managing agents, real estate brokers and

agents, and employees of the above persons.

WHAT HOUSING IS COVERED?

The Law applies to nearly all housing accommodations.

Exceptions include rental units in two-family homes

occupied by the owner and rentals in rooming houses

occupied by the owner or member of the owner’s family.

SEXUAL HARASSMENT IN HOUSING

Sexually harassing conduct can consist of unwanted verbal

or physical sexual advances, sexually explicit statements,

or discriminatory remarks that are offensive or objectionable

to the recipient. This can include:

• requests for sexual favors, which may be

accompanied by implied or overt threats;

• subtle or obvious pressure for unwelcome sexual

activities;

• verbal harassment or abuse in the form of a pattern

of sexual comments or questions;

• unnecessary or inappropriate physical contact;

• displays of lewd photographs or drawings.

Unwelcome sexual advances, requests for sexual favors,

and other verbal or physical conduct of a sexual nature

constitute unlawful sexual harassment when:

• submission to such conduct is made (either directly

or indirectly) a term or condition of housing;

• submission to, or rejection, of such conduct is used

as a basis for decisions affecting one’s housing; or

• such conduct has the purpose or effect of creating

an intimidating, hostile or offensive living

environment.

EXAMPLES OF SEXUAL HARASSMENT IN HOUSING

I lost my job and was not able to pay my

rent on time. I asked my landlord for

additional time to pay. He said he could

not give me extra time but that I could

pay him “in the bedroom” instead if I

didn't have the money.

The super in my apartment building

makes me uncomfortable. He frequently

comes to my apartment saying he has

to perform maintenance and, several

times, has bragged about his sex life

and showed me nude pictures of

himself on his phone. I complained to

my landlord but she told me the super is

“harmless.”

I caught my landlord peeking in my

windows. When I confronted him, he

said he was just checking on the

condition of my apartment. There is no

one else I can complain to and I feel

unsafe. I can’t afford to move.

A landlord may not use their position

of power to demand sexual favors or

to “trade” sex for rent or any other

condition or benefit of housing, such

as maintenance, upgrades, or

parking.

A landlord may be held liable for

sexual harassment in housing when

one of their employees makes

sexually explicit statements or

engages in conduct that is unwanted

or unwelcome to a tenant. The

employee may be held liable as well.

If a landlord is engaging in conduct

that makes you feel intimidated or

offended, this may be considered

sexual harassment. This conduct

may also be criminal activity and you

can contact the police.

FILING A COMPLAINT WITH DHR

If you believe that you have been sexually harassed, you can ﬁle a complaint with DHR. Remedies can include monetary

damages, compensation for mental anguish, punitive damages, attorney’s fees, and civil fines and penalties of up to $100,000.

To file a complaint visit DHR’s website, at DHR.NY.GOV or call 1-844-862-8703.