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Stewart v. Storch7/8/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ.
Terri L. Stewart suffered a summary judgment in her action against her former landlord, Janine Storch ("Mrs. Storch"), to recover damages under the Georgia Fair Housing Act, OCGA § 8-3-200 et seq. On appeal, Stewart argues that the trial court erred in concluding, as a matter of law, that Mrs. Storch was not liable for alleged sexual harassment committed by her husband, Jack Storch, while acting as Mrs. Storch's property manager. We affirm.
Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the non-movant.
So viewed, the evidence shows that the Storches owned a number of rental properties in the metropolitan Atlanta area that they leased to tenants under the Section Eight Housing Assistance Payments Program of the U. S. Department of Housing and Urban Development. They leased one such house to Stewart from October 1997 through November 1999. The house was titled in Mrs. Storch's name, but she was not a party to the lease. Rather, it was executed by Mr. Storch, who was named as both landlord and manager.
Mr. Storch apparently died of cancer in 2001. After his death, the Georgia Commission on Equal Opportunity ("GCEO") filed a complaint against Mrs. Storch on Stewart's behalf, alleging that Mr. Storch committed discriminatory housing practices against Stewart in violation of OCGA § 8-3-202 (a) (2) by repeatedly making sexual advances toward her while acting in his capacity as Mrs. Storch's property manager and agent. The GCOE further alleged that Mr. Storch violated OCGA § 8-3-222 by attempting to coerce, intimidate, threaten, and interfere with Stewart's exercise or enjoyment of her rights under the Act. Stewart intervened in her individual capacity, praying for actual and punitive damages, as well as attorney fees.
Mrs. Storch moved for summary judgment, contending that no genuine issue of material fact remained regarding whether she authorized her husband to commit acts of sexual misconduct or ratified any such actions after their alleged commission. She further asserted that no fact issue remained as to whether the acts were committed within the scope of his employment. In response to Mrs. Storch's motion, Stewart submitted an affidavit stating that during her tenancy, Mr. Storch collected the rent and made any necessary repairs. She further averred that Mr. Storch repeatedly made unwanted sexual advances on numerous occasions; that he touched her without permission and made verbal advances to her 16-year-old daughter; and that Stewart asked him to stop making sexual advances, but he did not stop. In addition, Stewart submitted a warning letter sent to Mr. Storch by the DeKalb County Housing Authority on December 4, 1998, advising him that female tenants, as well as female employees of the Authority, had complained of his inappropriate sexual behavior. Further, Stewart submitted evidence of a lawsuit filed against Mr. Storch in 1995 by four female tenants. The complaint, which did not name Mrs. Storch as a defendant, alleged that Mr. Storch assaulted the tenants. The suit was settled in 1996 for $50,000. Finally, Stewart tendered the GCOE's findings from its investigation of her administrative complaint. The GCOE found that, even if Mrs. Storch did not learn of sexual harassment complaints against Mr. Storch, she should have known of his conduct and should have taken remedial action, based on the "sheer number of
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