Instagram has a post that reads - "Sex for Rent Agreements Becoming Increasingly Popular in Canada" and its got a lot of likes and traction.
Not sure what's happening north of the border, but in the US, that "agreement" clearly violates the Fair Housing Act and state laws, like the New York State Human Rights Law. Simply, a landlord, who is in a position of power cannot condition a tenancy, rental payments, or services (like maintenance) relevant thereto on receiving sexual favors or sexually charged pictures, or, even sexual talk. To be certain, a tenant can go so far as having sex or providing sexual favors to their landlord and still sue their landlord for discrimination by arguing that the tenant's act of participating in sexual acts doesn't change those acts into being welcomed (a key word in discrimination law); that power differential just won't go away when quid pro quo discrimination happens (i.e., trading a sexual favor for a positive term of the tenancy). If you are not yet convinced, check out landlord Edwin Allen who was reported to be ordered by a jury to pay his tenant $10,000,000* for increasing her rent and threatening to evict her to pressure her for sex. This is actionable discrimination. The Civil Rights Division of the Department of Justice even has its own Sexual Harassment in Housing Initiative - Be warned.
* That doesn't make all cases worth this amount or anything at all, but it certainly paints a risk assessment.
If you’ve experienced or been accused of sexual harassment in housing, contact Lieb at Law, P.C. Our discrimination attorneys handle cases across New York, New Jersey, and Connecticut.
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