DiCenso v. Cisneros

96 F.3d 1004 (1996)

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DiCenso v. Cisneros

United States Court of Appeals for the Seventh Circuit
96 F.3d 1004 (1996)

  • Written by Galina Abdel Aziz , JD

Facts

In June 1990, Christina Brown and Thomas Andrews leased an apartment from Albert DiCenso, who owned, managed, and maintained the building, including collecting rent. In the fall, DiCenso came to Brown’s apartment and caressed Brown’s arm and back while collecting rent. DiCenso told Brown that she could take care of the rent in a different way if she could not pay it. Brown slammed the door in his face, and DiCenso called her a bitch and whore. In winter, DiCenso went to collect rent at the apartment, where DiCenso and Andrews became involved in a confrontation and the police were called. In late January, DiCenso served Brown and Andrews a notice to quit the premises. On January 31, Brown filed a housing-discrimination complaint alleging sexual harassment with the Department of Housing and Urban Development (HUD). DiCenso denied the allegation, arguing that he was not able to collect rent in December and January. HUD found reasonable cause existed to believe that discrimination had occurred and issued a charge against DiCenso. After a hearing, a HUD administrative-law judge (ALJ) dismissed Brown’s complaint, finding that one incident of sexual harassment did not create a hostile housing environment. HUD sought review of the order, and the secretary’s designee vacated the ALJ’s decision and remanded for damages. The ALJ awarded Brown $5,000 in compensatory damages, assessed a $5,000 civil penalty against DiCenso, and entered injunctive relief. DiCenso filed a petition for review.

Rule of Law

Issue

Holding and Reasoning (Bauer, J.)

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