Facts

Defendant Poverello House is a nonprofit organization that offers daily meal services, emergency food bags, access to medical and dental care, substance abuse rehabilitation, temporary shelter, and social services for those seeking to end their homelessness and/or addiction. They provide these services on its campus which consists of multiple buildings and is open to anyone who enters its campus during daytime hours. One of its programs is Naomi's House, a 24-bed overnight shelter for single, homeless women. Naomi's House is a "safe haven" shelter, meaning it serves hard-to-reach homeless persons with severe mental illness who are typically unable or too unwell to participate in housing or supportive services. Naomi's House is a first-come, first-serve facility for new clients and most nights requires a lottery to stay. For a woman to receive a bed for the night at Naomi's House she must participate in an intake process which includes a verification of homelessness and an overview of the house rules. The house rules included no cell phones inside, no yelling, profanity or disrespecting of others. Clients are required to shower daily and the shower room is in groups of seven where they undress, shower and change into their night clothes. Staff was always present during shower times and in the shower area. When a homeless transgender individual, D.N., who was born male but identified as female sought shelter and support from Defendants, Plaintiffs Jill McGee and others contended that D.N. was not transgender. Plaintiff Lydia Caranza was uncomfortable showering with D.N., yelled and told staff that "he is crowding." Staff reminded Caranza not to yell and call D.N. a "he," and concluded that Carranza's subjective discomfort provided an insufficient basis to punish D.N. D.N. never touched or made advances towards Caranza. All other plaintiffs made similar complaints about D.N. Plaintiffs also submitted evidence of complaints and incidents (some reporting inappropriate sexual gestures and comments toward other clients) involving D.N. and other clients, but none of whom were named plaintiffs in the litigation.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Defendants violated Plaintiffs' rights when a transgender person was permitted to use the same facilities as plaintiffs. Plaintiffs asserted claims for negligent infliction of emotional distress and negligence per se, violations of the Fair Employment and Housing Act, intrusion into private affairs and violation of the Federal Fair Housing Act.

DEFENDANT'S CONTENTIONS: Defendants denied all contentions.

Result

The court granted summary judgment in favor of defendants. Consideration of the *Rowland* factors did not support imposing a duty on defendants. Naomi's House is not a dwelling subject to the FHA given that the facility was not viewed as a residence by its clients. As to the sexual harassment claim, Naomi's House is not a place of employment nor are the facts similar to typical sexual-harassment case brought in the housing context, where the allegations usually focus on the statements and conduct of the property manager or landlord. Finally, D.N.'s sexual harassment was not "sufficiently severe or pervasive" to maintain a hostile-housing environment claim.