Krueger v. Cuomo

No. 96-2906 (7th Cir. June 3, 1997) ; Clearinghouse Number: 52211

Description

Seventh Circuit Affirms $10,000 Civil Penalty Against Landlord Who Sexually Harassed Section 8 Tenant

Abstract

The Seventh Circuit has affirmed the district court’s finding that appellant landlord violated the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., by sexually harassing one of his tenants. Landlord had agreed to rent an apartment to a Section 8 tenant, despite the fact that she could not afford the rent, stating that she could pay money on the side or "fool around or something" to make up the $100 shortfall. On their way to the housing authority office to sign the rental agreement, landlord touched tenant, rubbed her, and tried to kiss her. Tenant later returned to housing authority, reported landlord’s advances, and filed complaints against landlord with the Urban League and the federal Department of Housing and Urban Development (HUD). However, landlord continued to harass tenant after she moved in. Ultimately, after landlord learned that tenant had filed complaints against him, the relationship between the parties deteriorated, and tenant moved out after landlord attempted to evict her. Finding that landlord had engaged in quid pro quo sexual harassment, he administrative law judge (ALJ) enjoined landlord from committing future acts of discrimination, assessed a civil penalty of $10,000, and ordered landlord to pay tenant $622 for alternative housing costs, $2,000 for the inconvenience occasioned by her loss of the apartment, and $20,000 for emotional distress. The district court affirmed the ALJ’s decision. On appeal, landlord argued that the damages and civil penalty were excessive. Affirming, the court of appeals held that the ALJ was entitled to make a reasonable estimate, based on all of the evidence before him, of tenant’s alternative housing costs. The court also found that the evidence was sufficient to support the award of damages for emotional distress and that tenant was not obligated to call an expert witness to testify as to the nature and extent of the damages she suffered. Finally the court held that the civil fine assessed by the ALJ, the maximum penalty authorized under the governing statute, was not excessive.

Additional Information

Docket Date
1997-06-03 00:00:00+00:00

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