Missouri Landlord Tenant Law Violation

hud.gov, Mar 08, 2007

The Department of Housing and Urban Development (HUD) has charged a Richmond, Missouri, landlord with violating the Fair Housing Act for sexually harassing a female tenant. The Fair Housing Act makes it illegal to discriminate against persons based on their race, color, national origin, religion, gender, disability or familial status. HUD charges that 85-year-old Harold Calvert, president of Calvert Properties, Inc., and manager of approximately 16 rental properties, subjected Lanessia Rowland to severe, pervasive, and unwelcome verbal and physical sexual advances. Rowland's children witnessed the unwanted advances on two occassions.
"We will not tolerate landlords who prey on vulnerable female tenants," said Kim Kendrick, HUD's Assistant Secretary for Fair Housing and Equal Opportunity.

"This charge sends a clear message to all landlords that tenants should never be subjected to sexual harassment and that we will take action aginst landlords who engage in such despicable conduct." On the day Rowland was moving in, Calvert stopped by the property and told Rowland he "could make her life easier." Calvert hugged and groped Rowland and attempted to kiss her. Rowland's 9-year-old daughter walked into the kitchen during the sexual advances. A few days later, Calvert returned to Rowland's house and entered her bedroom where she alleges he grabbed and restrained her arms so she could not move as he attempted to kiss her. While Calvert was holding Rowland, her son walked in the bedroom and witnessed the alleged assault. At that point, Rowland claims Calvert released her and left the home.

HUD's investigation determined Calvert made additional unwelcome sexual advances to Rowland until she reported Calvert's conduct to the Richmond Police Department in January of 2004. Later that month, she sought and was granted an Ex Parte Order of Protection against Calvert in the Circuit Court of Ray County, Missouri. "Unfortunately, we have seen similar cases in the past," said Kendrick. Housing discrimination charges heard before an administrative law judge carry a maximum civil penalty of $11,000 for a first offense, in addition to actual damages for the complainant, injunctive or other equitable relief, and attorneys' fees. Sanctions can be more severe if a respondent has a history of housing discrimination. Parties also have the right to elect to have their cases heard in federal district court, and Ms. Rowland has done so.