(1) It is unlawful for
a person who as principal or agent exercises control or purports to exercise
control over accommodation or the letting or other allocation of accommodation
to harass sexually —
(a) a
person who occupies accommodation over which that person exercises or purports
to exercise control; or
(b) a
person who is an applicant for accommodation.
(2) A person shall,
for the purposes of this section, be taken to harass sexually another person
if the first-mentioned person makes an unwelcome sexual advance, or an
unwelcome request for sexual favours, to the other person, or engages in other
unwelcome conduct of a sexual nature in relation to the other person and
—
(a) the
other person has reasonable grounds for believing that a rejection of the
advance, a refusal of the request or the taking of objection to the conduct
would disadvantage the other person in any way in connection with the other
person’s accommodation or application for accommodation; or
(b) as a
result of the other person’s rejection of the advance, refusal of the
request or taking of objection to the conduct, the other person is
disadvantaged in any way in connection with the other person’s
accommodation or application for accommodation.
(3) A reference in
subsection (2) to conduct of a sexual nature in relation to a person includes
a reference to the making, to or in the presence of, a person, of a statement
of a sexual nature concerning that person, whether the statement is made
orally or in writing.