CIVIL RIGHTS COMM. v. AKRON METRO HOUS.

No. 2007-0254.

119 Ohio St.3d 77 (2008)

2008-Ohio-3320

OHIO CIVIL RIGHTS COMMISSION ET AL., APPELLEES, v. AKRON METROPOLITAN HOUSING AUTHORITY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 8, 2008.


Attorney(s) appearing for the Case

Nancy Hardin Rogers, Attorney General, William P. Marshall, Solicitor General, Elise W. Porter and Robert J. Krummen, Deputy Solicitors, and David A. Oppenheimer and Sharon D. Tassie, Assistant Attorneys General, for appellee Ohio Civil Rights Commission.

Margolius, Margolius Associates, Andrew L. Margolius, and Emily E. Warren, for appellees Fontella Harper and Fair Housing Advocates Association.

Michele Morris, Richard A. Green, and James D. Casey, for appellants.

Fair Housing Law Clinic, Edward G. Kramer, and Kenneth J. Kowalski, urging affirmance for amicus curiae the Housing Advocates, Inc.

Relman Dane, P.L.L.C., and Stephen M. Dane, urging affirmance for amici curiae National Fair Housing Alliance, Inc., Miami Valley Fair Housing Center, Inc., Housing Research Advocacy Center, Heights Community Congress, Fair Housing Contact Service, Housing Opportunities Made Equal of Greater Cincinnati, Toledo Fair Housing Center, the John Marshall Law School Fair Housing Legal Support Center, Akron Branch NAACP, Urban League of Greater Cincinnati, Lorain County Urban League, Coalition on Homelessness and Housing in Ohio, St. Bernard Catholic Church, Equal Justice Foundation, and City of Barberton Law Department.

Lisa L. Walker, urging reversal for amicus curiae Housing and Development Law Institute.

Reno Cavanaugh, P.L.L.S., Stephen I. Holmquist, Jaime Lee, Sarah Molseed, and Casius Pealer, urging reversal for amici curiae Council of Large Public Housing Authorities, National Apartment Association, National Association of Housing and Redevelopment Officials, National Leased Housing Association, National Multi Housing Council, and Public Housing Authorities Directors Association.


MOYER, C.J.

{¶ 1} This case raises a question of first impression in this court: May a landlord be held liable under R.C. 4112.02(H)(4) for failing to take corrective action against a tenant whose racial harassment of another tenant created a hostile housing environment? We hold that a landlord may not be held liable under R.C. 4112.02(H)(4) for failing to take corrective action against a tenant whose racial harassment of another tenant...

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