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Whenever there is a fair housing violation, the next question that must be asked is who is responsible or liable for the violation? It is easy enough to determine that the person who commits the discrimination may be held liable. But on what basis can liability extend to others, such as a property owner or management company, who employed the employee or retained the agent who committed the violation? And, on what basis can a property owner or property manager be liable for not addressing tenant-on-tenant harassment?
This webinar will explore the two types of liability: direct liability and vicarious liability. Helpful explanations and illustrations will clarify when an owner or property management company can be directly liable or have vicarious liability for the discriminatory conduct of an employee or agent. This webinar will also address the types of circumstances in which an owner or property manager can be held liable for discriminatory conduct of a tenant against another tenant.
This webinar will also discuss the key federal court decisions on liability, along with a little-known but important HUD regulation, 24 CFR § 100.7, entitled “Liability for Discriminatory Housing Practices”.
00:11 Intro
01:27 Agenda
02:25 The Challenge of Determining Who May be Liable
08:07 Direct Liability – Person Who Commits the Discrimination
09:38 Direct Liability – Owner or Management Company’s Liability for Discrimination of an Employee or Agent
12:12 Direct Liability – Discriminatory Actions by an Independent Contractor
13:50 Direct Liability – Liability for Not Addressing Tenant-on-Tenant Harassment or Discrimination
16:58 Tenant-on-Tenant Liability – Key Cases & HUD regulation, 24 CFR § 100.7
27:25 Is Proof of Discriminatory Intent Required? HUD says “no”, while Francis v. Kings Park Manor, Inc., 992 F.3d 67 (2nd Cir. 2021)(en banc) says “yes”.
33:26 Vicarious Liability
33:56 Supreme Court’s Decision in Meyer v. Holley, 537 U.S. 280 (2003)
38:32 Liability for Punitive Damages
46:38 Resources
Thank you for watching this video!
You may want to watch our video on Damages in Fair Housing Cases - What is the case worth? What damages can be awarded? https://youtu.be/QySkE5ufpiM?si=qa53W6C8sGRRHGuD