Under the FHA, it’s unlawful to “coerce, intimidate, threaten, or interfere with” anyone who has exercised her rights under fair housing law—as well as anyone who has helped or encouraged someone to do so. This applies whether the resident has a past or pending discrimination complaint, helped another resident to file a complaint, or made a disability-related request for a reasonable accommodation or modification.
And you could be liable for retaliation regardless of whether the resident had a legitimate fair housing claim in the first place. The law applies simply because you took action against the resident for exercising her rights under fair housing law, even if the resident ultimately loses the original case.
You don’t have to tolerate misbehavior by a resident simply because he’s filed a previous discrimination complaint or accommodation request. But before taking action against the resident, you should call your attorney to make sure you have everything in place to dispel any suggestion of retaliatory motives with evidence showing legitimate, nondiscriminatory reason for your actions.
