Tenant speaks out after Fair Housing Act settlement announced

Jul. 30—Toledo landlord Anthony Hubbard will no longer be allowed to manage rental properties if a settlement reached in a Fair Housing Act lawsuit against him and two other defendants is approved, but one of his former tenants believes the punishment isn't enough.

The civil suit, filed in 2019 by the U.S. justice department in District Court in Toledo, alleges Mr. Hubbard made unwelcome sexual advances and comments to multiple female tenants, sending them unwanted sexual text messages, videos and photos, and offering to reduce or excuse their monthly rental payments, security deposits, and utility fees in exchange for sexual acts.

Under the settlement, announced by the justice department Thursday, the defendants would pay a total of $90,000 to three women and a $10,000 civil penalty to the U.S. government.

"I wish he was behind bars, to be honest," said Melinda, who rented from Mr. Hubbard between 2013 and 2017. "I really don't care about money or nothing."

Melinda is one of four unnamed victims listed in the federal complaint alleging the landlord, his mother Ann Hubbard, brother Jeffery Hubbard, and companies PayUp LLC and No Joke Properties Inc. violated the Fair Housing Act. The lawsuit also alleges Mr. Hubbard entered the homes of female tenants without their consent and without prior notice.

Melinda's fear is that without jail time, her former landlord will find another way to take advantage of women in vulnerable situations. She wants to see a law passed where anyone charged with violating the Fair Housing Act through sexual harassment would also be charged criminally for using their authority to coerce sex acts.

"It's very disappointing. I feel like I didn't get the justice I could have or should have gotten," she said.

Stephen Hartman, an attorney who represents the three defendants and two companies, told The Blade last week his clients are not admitting guilt and reached a settlement to avoid going to trial.

"Sometimes it's better to take the uncertainty out of litigation and settle the case rather than roll the dice in a trial because you never know what a jury is going to do," he said. "...We intended to fight the allegations, but at the end of the day, we've reached a resolution that seems fair and equitable, so we decided to take the unknown out of the equation."

Mr. Hartman in 2020 told The Blade that Mr. Hubbard "categorically denies" he's ever discriminated in his housing business.

Melinda said the harassment happened almost as soon as she signed her lease. She said he knew she was in a tough financial position, had recently escaped an abusive relationship, and that stable housing was crucial in order for her to regain custody of her two children. He offered to accept a lower rent payment than what her lease agreement spelled out, she said, as well as waiving the water bill.

"He said he wanted to help me, to work with me. I didn't think sex was part of being helped. I've never had a landlord come at me that way," she said.

Melinda said she complied with his demands because she didn't want him to evict her, and she didn't have the financial resources to move into a new place. Plus, if she lost her housing, she could have jeopardized custody of her son and daughter.

"It makes you feel like you're obligated. He has more authority than what I had. He abused his authority," Melinda said. "He manipulated me into believing that there was no way out."

The National Fair Housing Alliance's annual trends report, released Thursday, showed claims of sexual harassment in 2020 rose nationally among tenants who were unable to pay their rent because of job loss or unemployment.

In 2020, 1,071 complaints of harassment were reported, up from 761 reported in 2019 and the highest since the organization began collecting detailed harassment data in 2012. The 259 harassment complaints based on sex reported in 2020 also surpassed the highest number of harassment complaints.

"This may be due to the fact that NFHA reported last year a 13 percent increase in sexual harassment complaints from persons who became under- or unemployed due to COVID and whose landlords were seeking sexual favors in exchange for rent," the report states.

Toledo's fair housing officials said they're glad the issue is receiving more attention because it's a problem that often goes unreported. Though it disproportionately affects women, it can happen to a tenant regardless of gender identity, sexual orientation, or age.

"I hope that if there is anyone else in the community who is going through something similar, that this might encourage them to come forward," said Christina Rodriguez, a staff attorney for the Fair Housing Center.

She added that some victims may think they've done something wrong if they gave in to demands for sexual favors, but tenants should never be put in that situation in the first place.

If the staff at Toledo's Fair Housing Center hadn't called Melinda back after she left a partial message saying she had a question about her landlord's behavior, she isn't sure where she'd be today. The harassment got to the point where she felt trapped in her own home, she said, and her depression was growing. If she had to endure the abuse much longer, she believes she'd be dead.

Support groups, journaling, therapy, and advocacy helped her find her confidence and use her voice. She still has nightmares and trouble trusting people, but she's in a much better place than she was two years ago.

Melinda wants anyone facing sexual harassment or coercion by a landlord or property manager to know they aren't alone and that there is a way out. She said the Fair Housing Center will help with legal remedies and connect tenants with other local agencies who can help tenants find better, safer housing. They can also call the justice department, which put a renewed focus on the issue in 2017, at 800-896-7743.

Perhaps the biggest thing Melinda wants tenants to know, though, is the harassment isn't their fault.

"Understand that people are going to judge regardless, and their judgments are irrelevant," she said. "If he's done it to you, he most likely has done it to someone else, too. So when you speak out, you're not just helping yourself, you're helping other people."

First Published July 30, 2021, 7:00am