The Case of the Snooping Landlord

By Keith Boykin, in sexuality
Wednesday, December 13 2006, 10:49AM

Twenty-eight-year-old Cheriko Boone was living in a brownstone in the Bedford-Stuyvesant neighborhood of Brooklyn when his landlord began making "sexually offensive comments and gestures." His landlord was spying on him while he was having sex and snooping around his bedroom when he wasn't at home, according to court papers. The harassment reportedly began in 2001 when a male roommate moved into Boone's two-bedroom apartment, and his landlord, Nelson Stoute, 54, began making sexual advances toward Boone. The landlord reportedly became abusive when he was rebuffed by Boone.

When the landlord started taking photographs of Boone and his friends, Boone moved out and took his case to the state Human Rights Division, which investigated the claim. "I felt like I was in prison," said Boone, who is pursuing a master's degree in public health and social work at Columbia University. "I couldn't do anything without Mr. Stoute monitoring what I was doing," he testified. The landlord even told Boone's friend that he felt like "beating (Boone's)... head in," according to court papers.

The Human Rights Division awarded Boone $10,000 for his suffering, which the landlord refused to pay, alleging that Boone was a "flagrant exhibitionist" who had sex in his bedroom without drawing the curtains and that he was upsetting the neighbors. But on November 28, the state appellate court sided with Boone, in a ruling that ordered the landlord to pay the $10,000 judgment.

After I heard about the decision, I contacted Boone and asked him to tell me his side of the story, in his own words. What follows is Boone's perspective on the case.

Gay or ‘Straight’…Housing Discrimination is Still Illegal

On November 28th, 2006 I officially became a part of legal and human rights history. On this date, in a unanimous decision, a panel of New York’s Appellate Court, Second Department upheld an award and determination issued by New York State’s Division of Human Rights that says same-sex sexual harassment by a landlord is illegal. This is a precedent in New York case history of enforcing the laws that protect people from sexual harassment in the housing context. I am still processing it all, with many of the painful emotions being dredged up anew; but overall, I can say that I am pleased with the precedent that has been made for all victims of housing discrimination.

“The principal issue in this case is whether an award can be made pursuant to Executive Law §296 based on same-sex sexual harassment by a landlord against a tenant in the rental of housing accommodations,” Justice Miller wrote in the decision, “…Upon our review of the record, my colleagues and I conclude in the affirmative."

Since the Court found no past cases of same-sex sexual harassment in a housing context in New York State – or sexual harassment in housing in New York in general, for that matter – it compared the decision to housing discrimination cases based on race, as well as a federal sexual harassment case. Therefore, while indeed this is a victory for victims of sexual harassment overall, it is particularly a victory for victims of sexual harassment in housing who are sexual minorities or who are of the same sex as their landlords.

In my opinion, the fact that my former landlord refused to exercise his rights to due process in the four-plus years that the case has been under judicial review is an obvious indication of his guilt and indication of the lack of seriousness on his part in addressing the issues of the case. This case was a prime example of the discriminatory hurtful practices engaged in by some people in power and exemplifies the derogatory, untruthful efforts they can take to discredit their victims.

Attempts by my former landlord to label me as being a person of immoral character, as indecent and somehow the inviter of his unsolicited and unwanted sexual advances are merely futile efforts to deflect attention from his own culpability. I have spent many years serving my communities, to improve the lives of youth and families, and I am currently a caretaker myself, in addition to pursuing two Masters degrees in Social Work and Public Health so that I can improve my ability to serve in the areas of social justice and health.

That I have contributed more personally to the spirit of social justice through this case is a sobering result of the discomfort and distress that I have experienced. No person should be the subject of such a case, and everyone deserves the right to enjoy the peaceful comfort of their own home and the right to fair treatment in housing. I am grateful that the Court acknowledged the facts of the case and decided accordingly. The Court's jurisprudence in this decision reinforces my confidence in the law's ability...and obligation...to protect all of its citizens from abusive practices.

I am also thankful for all of the support that I received from my family and friends through this entire ordeal and I look forward to putting this horrible experience behind me. Moreover, I am hopeful that the Court’s decision will serve as further inspiration for future victims of housing discrimination – particularly those who are sexual minorities. This should serve as encouragement to others who will share my experiences, to step forward and speak out, not only about their abusive landlords but about any perpetrator of discriminatory practices in other areas of our society.

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