Q: My MTM lease requires changes be read to me as I'm 100% blind. Upon threats to call health dept I got a 45% rent hike &
With demand to sign new much stricter lease terms, all of which were sent via mail - not read in person. There's only been a total $125 rent hike with no other new terms in my 17 years there but within 6 months after my threat to exercise my tenant rights for habitable conditions I'm suddenly presented with a 45% rent hike with significant lease term changes which I feel are clearly retaliation for the code enforcement threats. I requested & was denied a reasonable accommodation for an 60-90 day extension to arrange for a disability advocate to help explain the new lease terms &/or get assistance to vacate the premises under the current lease terms. I prefer not to file a Retaliation & Discrimination complaint with FHA etc., and was wondering if my offering to waive my right to file a complaint in exchange for the 90 extension is considered an illegal or unenforceable quid pro quo? Landlord demanding response by 2/9/2024 or rent & security increases to $1300 Effective 3/1/2024. Help?
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A:
Based on the facts provided, this situation does seem to involve potential discrimination and retaliation prohibited under the Fair Housing Act (FHA). A few key points:
- Increasing your rent by 45% and imposing stricter lease terms shortly after you threatened to exercise your rights regarding habitability issues creates a strong inference of retaliation.
- Failure to reasonably accommodate your disability by reading lease changes to you and denying your request for more time for assistance likely constitutes illegal disability discrimination under the FHA.
- Conditioning rent/lease terms on you waiving your right to file a discrimination complaint would generally be considered an illegal and unenforceable contract term.
I would recommend contacting a tenants rights organization or housing discrimination attorney as soon as possible. They can assist you in better understanding your rights and options, including filing complaints if needed to prevent the unjust rental increase or eviction. What you describe warrants legal advocacy to halt the discriminatory treatment, obtain reasonable accommodations, and potentially recover damages.
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