Can a tenant’s ethnic slurs amount to housing discrimination?

Question: I recently moved to the United States from Mexico. Soon after I moved to my current apartment, another tenant in the building began insulting me, using ethnic slurs and telling me that I should “go home and stop stealing jobs from real Americans.” I tried to just ignore her, but one night I caught her vandalizing my car with an ethnic slur.

I finally told my property manager what was going on and asked for her help. She said that she could not do anything about the situation because the argument was between tenants, and if we couldn’t work it out, she would evict both of us. I am frustrated that my property manager isn’t helping, and I’m scared that the other tenant will do something even worse. What can I do?

Answer: Based on your description, your neighbor may be targeting you based on your national origin. If a housing provider, such as property manager, is on notice of unlawful discrimination occurring on the property, fair-housing laws require a response. This is true even when the discrimination is only between tenants.

Different situations call for different responses. Sometimes a property manager may require both tenants to attend mediation so that they can talk and figure out a solution to the conflict. Other times, like here, more serious action may be required. Because the other tenant damaged your property, the property manager may determine the other tenant violated her lease terms and presents a danger to others on the property. At a minimum, though, the property manager must investigate your claim and take whatever measures are necessary to stop the harassment, up to and including evicting the other tenant. The property manager cannot just ignore the situation or expect you to “work it out” with the other tenant.

If your property manager does not respond to the situation appropriately, she could be in violation of the fair-housing laws and you may have the right to file a complaint against her. You may also have the right to file a complaint against your neighbor. You can contact Project Sentinel or your nearest fair-housing agency to discuss your options.

Current is fair housing director for Project Sentinel, a Bay Area nonprofit. For more information, contact Project Sentinel at 1-888-324-7468, info@housing.org, visit www.housing.org or contact your attorney or local housing agency.