Wetzel v. Glen St. Andrew Living Community, LLC, No. 17-1322 (7th Cir. 2018)Annotate this Case
Within months of her arrival at St. Andrew, a residential community for older adults, Wetzel physical and verbal abuse from other residents because she is openly lesbian. She repeatedly asked St. Andrew’s staff to help her. The staff limited her use of facilities and built a case for her eviction. Wetzel sued St. Andrew, alleging that it failed to provide her with non‐discriminatory housing and that it retaliated against her because of her complaints, citing the Fair Housing Act, 42 U.S.C. 3601–3619. The district court dismissed Wetzel’s suit. The Seventh Circuit reversed, reading the FHA “more broadly.” Not only does the FHA create liability when a landlord intentionally discriminates against a tenant based on a protected characteristic; it also creates liability against a landlord that has actual notice of tenant‐on‐tenant harassment based on a protected status, yet chooses not to take any reasonable steps within its control to stop that harassment.