This case raised a question of first impression in the Ohio Supreme Court: May a landlord be held liable for failing to take corrective action against a tenant whose racial harassment of another tenant created a hostile housing environment?

Two families lived in neighboring apartments of a public housing development operated by the Akron Metropolitan Housing Authority (AMHA). After a series of confrontations between the families, the Ohio Civil Rights Commission filed a complaint against AMHA and the AMHA property manager, alleging unlawful discrimination based on race. In particular, the complaint alleged one family harassed members of the other family, that the harassment was racial in nature, and that AMHA and the property manager failed to take corrective action despite having notice of the nature of the harassment. Over the course of approximately a year, the families had numerous heated confrontations in the vicinity of their apartments. Racially derogatory comments and threats of physical harm ensued.

The Court of Common Pleas granted summary judgment in favor of the AMHA and the property manager. The Ninth District Court of Appeals reversed, holding that the trial court erred in not recognizing a cause of action for hostile housing environment. The Ninth District also gave an opinion on the elements necessary to establish a prima facie case of hostile living environment which included  “the landlord, through its agents or supervisory personnel, knew or should have known about the harassment and failed to take immediate and appropriate corrective action.” AMHA and the property manager challenged the claim that the building management was aware of the racial nature of the harassment.

The Ohio Supreme Court reversed the judgment of the court of appeals by holding that a tenant may not bring a claim against his landlord when racial harassment by another tenant creates a hostile environment.

Reno & Cavanaugh, PLLC, Stephen I. Holmquist, Jamie Lee, Sarah Molseed, and Casius Pealer served as counsel urging reversal for amici curiae CLPHA, NAHRO, PHADA, National Multi Housing Council, National Apartment Association, and National Leased Housing Association.