June 2018 - #METOO

JUNE 2018 | ISSUE NO. 04

navigating public housing when residents harass your staff

NAVIGATEHOUSINGCONSULTING.COM

JUNE 2018

SEXUAL HARASSMENT

#METOO

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A new movement has made sexual harassment not only a top story in the last year. It's also prompted the Justice Department and HUD to team up in the fight against it.

We take a look at that in "No Quid Pro Quo" (page 3).

Typically, people think of residents being harassed in housing settings. It's an issue that deserves the attention it is getting. In a number cases, some residents are the aggressors. In "Residents Gone Wild" (page 7), we have tips on how to help your staff when they are sexually harassed.

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the cost of illegal behavior 10

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outdoor entertaining residents gone wild

JUNE 2018

SEXUAL HARASSMENT

NO QUID PRO QUO HUD cracking down on Sexual Harassment in Housing

Earlier this year, The Department of Housing and Urban Development (HUD) joined forces with the Department of Justice (DOJ) to combat sexual harassment in housing. In recognition of the Fair Housing Act's 50th Anniversary in April, HUD Secretary Ben Carson and Attorney General Jeff Sessions announced a "nationwide rollout of an initiative aimed at

increasing awareness and reporting of sexual harassment in housing."

This includes a task force from both departments, an outreach toolkit and a campaign to raise public awareness.

"No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head," HUD Secretary Ben Carson said.

"Part of our mission at HUD is to provide safe housing and we will remain diligent in this mission to protect those we serve.

This new push is part of the same initiative the DOJ started a year ago in D.C. and the Western District of Virginia. The goal was to increase

200 150 100 50 0 H UD C FH ase s Pa rt ne rs To ta l

In 2017, there were more than 150 sexual harassment cases filed under "the Fair Housing Act or similar state statutes." The BBC reports these numbers are said to be "deceptively low" because one complaint can actually reveal many additional victims.

Sexual Harassment Cases 2016

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SEXUAL HARASSMENT

the DOJ's role in protecting women from sexual harassment from "landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners."

As a result, the Department was able to develop ways to connect victims with organizations that can help them. This includes law enforcement, legal services, maintenance workers and other employees.

"Sexual harassment in housing is illegal, immoral, and unacceptable," said Attorney General Sessions. "It is all too common today, as too many landlords, managers, and their employees attempt to prey on vulnerable women. We will not hesitate to pursue these predators and enforce the law.

According to HUD, the new program is made up of three major components:

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The new HUD-DOJ Task Force is focused on continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies.

2 3

The outreach toolkit provides templates, guidance, and checklists based on pilot program feedback.

The public awareness campaign is specifically designed to raise awareness and make it easier for victims all over the country to find resources and report harassment.

You can find more information on the Department of Justice website.

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SEXUAL HARASSMENT

THE COST OF ILLEGAL BEHAVIOR

Housing Authorities can end up paying thousands of dollars to settle sexual harassment claims. It's better to invest in Fair Housing Training from the beginning. These next few cases are perfect examples.

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JUNE 2018

QUICK CASE STUDIES

SEXUAL HARASSMENT

01. FLORIDA A Housing Authority (HA) had to pay a resident $75,000 to resolve allegations an employee made "unwelcome sexual comments, requests for sex or sexual favors, and threats of eviction if the tenant did not submit to such requests." HUD also instructed the HA to adopt a new sexual harassment policy and require the staff to attend Fair Housing Training.

02. CALIFORNIA A landlord had to pay a resident $12,000 on allegations of "unwanted sexual advances towards a male tenant with a mental disability and ultimately evicted him for refusing the advances." The landlord also had to attend Fair Housing Training.

03. VIRGINIA A female resident of an independent living facility claimed a male resident "harassed her with unwelcome and unsolicited advances, made suggestive comments, whistled at her, and followed her around the apartment complex." The facility had to pay $37,000 and adopt a sexual harassment policy.

JUNE 2018

SEXUAL HARASSMENT

Residents gone WILD

What to do when your employee is subjected to unwanted advances from a resident

BY EBONY HALL

Last year at a conference, I overheard an

As you know, harassment in housing or housing-

interesting conversation about sexual

related transactions on the basis of race, color,

harassment. A group of maintenance workers

national origin, religion, sex, disability, and familial

and property staff were talking about all the

status is prohibited under the Fair Housing Act. So-

ways residents have "come on" to them,

what do you do- when a resident continues to come

sometimes attempting to gain favor.

on to you? The solution lies- not only in how you react- but also in how your employer addresses it.

These stories were about women- and men- of all ages, and backgrounds. In each case, they wanted to

How to Respond as an Employee

put the staff member in a compromising position-

The Sexual Harassment Task Force released the

that could backfire later- not only for the worker but

following tips, and it’s all about being clear in your

the agency as a whole.

response. Saying things like “no, not today” and “maybe some other time” are ambivalent. They only give the resident hope.

Instead say something like: "No. I don't date men/women at work."

"No. You are not my type."

"Thank you for your interest but that's not where I'm at."

"I am flattered but not interested in that kind of relationship."

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SEXUAL HARASSMENT

Hopefully, this can help you avoid future advances on property. And remember. You should always report this type of resident behavior to your supervisor.

What can you, as an employer, do?

Here are a few tips for employers from Fisher Phillips, a labor and employment law firm.

The employer should maintain a written policy that explicitly addresses sexual harassment by

Investigate and respond to complaints

residents or other third parties. The policy should

appropriately. Fisher Phillips says you can assign

specifically address how employees can report

another staff member to deal with the resident,

the harassment when it occurs. Fisher Phillips

offer the employee a transfer, or talk to the

says this is reporting policy is critical because it

resident’s family about their inappropriate

provides important legal defenses in situations

behavior.

involving alleged harassment by a supervisor.

Lastly, avoid any action that may look like

Regularly train your employees on how to react

retaliation against the employee for reporting the

when they are harassed by a resident. If

harassment.

employees are trained to react properly and promptly, the unwelcome conduct may be stopped before it becomes “severe or pervasive” – the standard used by courts in determining whether the conduct rises to actionable sexual harassment.

got good news?

SHARE IT WITH US!

Has your PHA hit an important milestone? What about an outstanding employee? Send it to us, and we’ll try to feature it in our next newsletter. Be sure to include a picture(s) and describe why it’s so awesome!

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will present at

0 4 # h t o o B

SERC NAHRO ANNUAL CONFERENCE JUNE 24-26, 2018 NORFOLK MARIOTT WATERSIDE

Attend this session: PUTTING IT ALL TOGETHER

WAYS TO MARKET YOUR PROPERTIES

A 360˚approach to marketing your communities in a way that is both effective for today's technology and HUD-compliant.

You'll leave with best practices in six areas of marketing communications.

Stop by booth 40. We've got great conversation and freebies, of course!

FIVE SUMMER OUTDOOR ENTERTAINING TIPS

(Family Features) Summer brings plenty of

Keep it comfy

opportunities to enjoy time outdoors entertaining family and friends. The key to a

(Family Features) Summer brings plenty of

successful summer party is simplicity: keep

opportunities to enjoy time outdoors

things easy so you can enjoy the festivities

entertaining family and friends. The key to a

right along with your guests.

successful summer party is simplicity: keep things easy so you can enjoy the festivities

Make this season's barbecues, picnics and

right along with your guests.

family gatherings events to remember with these simple summer entertaining tips: Cook outside

Make this season's barbecues, picnics and family gatherings events to remember with these simple summer entertaining tips:

Rather than firing up the oven and heating up the entire house during steamy summer days,

Provide sturdy tableware

turn to outdoor cooking methods like grilling.

Be sure to plan ahead with sturdy tableware

Some popular cookout foods can be a greasy

that stands up to barbecued meats and other

nightmare without the right tableware to keep

robust items fresh off the grill. Also

the mess to a minimum. Upgrade your

remember that the grill isn't just for main

outdoor dining experience with tableware like

courses; you can use it to prepare any

Chinet Classic White premium-strength

number of side items, like skewers of garden

plates, platters and napkins so you don't have

fresh veggies.Â

to worry about spills and leaks. They also make for easy cleanup when the party comes to a close.

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Prepare seasonal sides Let the grilled fare serve as the star of the show and keep the side dishes simple. Fresh,

Find more ideas for your summer entertaining at MyChinet.com.

seasonal fruits and vegetables, and staples like potato or pasta salads and coleslaw, make for a well-rounded meal without a lot of fuss. Also opt on the lighter side for dessert.

Fresh berries over ice cream or a simple white cake can be a hit.

Add lighting Keep the entertainment alive after sundown by going the extra mile with decorative lighting. Strings of lights in fun shapes or colors can add some vibrant light to seating areas. A fire pit is also an option for adding some ambient light and even a little warmth when the sun goes down and the temperature begins to drop.

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