Category: Housing

Article

Sexual harassment, commonly associated with the workplace or classroom, also frequently occurs in the home. Unlike in employment or academic settings, sexual harassment in housing is a relatively undeveloped area of jurisprudence. Only recently have the courts confronted a steadily increasing demand to address matters of sexual harassment in housing. Notably, every court that has been faced with the question of whether sexual harassment is actionable under Title VIII has answered affirmatively.’ Following this trend, in DiCenso v. Cisneros,  the United States Court of Appeals for the Seventh Circuit held that hostile environment sexual harassment claims are actionable under the Fair Housing Act.’ The court further held, however, under the de novo standard of review, that this particular tenant’s claim “was not sufficiently egregious.” The court relied on Title VII legal theories, as is common in Title VIII cases. That is, the court treated this housing sexual harassment case as the equivalent of an employment sexual harassment case. This comment reflects upon housing sexual harassment jurisprudence and ultimately questions the common practice of applying Title VII law to Title VIII cases.

Recommended Citation: Carlotta J. Ross, DiCenso v. Cisneros: An Argument for Recognizing the Sanctity of the Home in Housing Sexual Harassment Cases, 52 U. Miami L. Rev. 1131 (1998) Available at: http://repository.law.miami.edu/umlr/vol52/iss4/9