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FHEO publishes proposed rule on harassment

Yesterday in the Federal Register, HUD’s Office of Fair Housing and Equal Opportunity (FHEO) published a proposed rule titled “Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act.” The 12-page proposed rule seeks to “formalize standards for use in investigations and adjudications involving alleged harassment on the basis of race, color, religion, national origin, sex, familial status or disability.”

The proposed rule would create regulatory definitions of ‘‘quid pro quo’’ and ‘‘hostile environment harassment,’’ as prohibited under the Fair Housing Act, and would add illustrations of discriminatory housing practices that constitute such harassment. The rule would also clarify the traditional principles of direct and vicarious liability on the part of housing providers, and would distinguish between harassment in the home and in the workplace.

The deadline date for comments on the proposed rule is December 21, 2015.

Do you have concerns about whether or not your agency is compliant with federal fair housing law? Nan McKay and Associates can help. Contact for more information.