§ 100

Citation: § 100
Parent Document: Francis v. Kings Park Manor, Inc., 944 F.3d 370 (2019)
Jurisdiction: United States (federal)
Effective Date: 2019-12-06
Original Source: https://www.courtlistener.com/opinion/4684833/francis-v-kings-park-manor-inc/ ↗

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Housing Authorities (Dec. 21, 2015), http://www.regulations/gov/document?D=HUD‐
2015‐0095‐0026 (warning, inter alia, of “serious declines in housing quality or even the
loss of public housing units for low‐income families” and of negative impact, including
increased homelessness, on tenants suffering from mental illness who might trigger
complaints).
      17  As noted above, the HUD Rule extends liability to a person who “fail[s] to take
prompt action to correct and end a discriminatory housing practice [including any
violation of 42 U.S.C. §§ 3604 or 3617] by a third‐party, where the person knew or should
have known of the discriminatory conduct and had the power to correct it.” 24 C.F.R. §
100.7(a)(iii). But nothing in the text of this Rule indicates that a landlord is liable for
tenant‐on‐tenant harassment. The Rule explains that “[t]he power to take prompt action
to correct and end a discriminatory housing practice by a third‐party depends upon the
extent of the person’s control or any other legal responsibility the person may have with
respect to the conduct of such third‐party.” As described above, landlords do not have
the kind of extensive control over (or legal responsibility for) tenants that employers
exercise over employees, and Francis pleads no special facts to suggest that the KPM
Defendants exercised such control over Endres here.

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