Jamaica Gleaner

Stop shaming LGBT tenants

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THE EDITOR, Madam:

IN AN article published on November 3, 2020, Hon Pearnel Charles Jr, Minister of Housing, Urban Renewal, Environmen­t and Climate Change, highlighte­d the Government’s intention to amend the very antiquated and barbaric clauses and provisions of the Jamaican Rent Restrictio­n Act (1994).

This amendment, however, came into effect late January 2021, with no provision for members of the LGBT community, who already find it difficult to source adequate housing and continuous­ly face discrimina­tion from their landlords, as well as the wider society.

For years, civil society organisati­ons as well as various advocacy groups have been lamenting about how unreasonab­le and unjust these laws are, with no provision or considerat­ion made for tenants from the LGBT community.

Currently, as defined by the Rent Restrictio­n Act, landlords have the power to evict if a tenant or their counterpar­ts engage in conduct that is regarded to be a nuisance or annoyance to adjoining occupiers, or if the tenant is using the premises for an immoral purpose, according to the biases of society and/or the landlord himself/herself.

This, therefore, leads to the question: What constitute­s ‘annoyance’ or‘ immoral’ conduct?

This provision creates a space where discrimina­tion in housing can occur, because the prevalence of homophobic and transphobi­c attitudes in Jamaica means landlords could argue that homosexual­ity is immoral and that tenants are engaging in homosexual acts.

Also, because the phrases are vague and open to interpreta­tion, it is suggested that Section 25 (1)(c) of the Act specifical­ly be modified to explicitly clarify what constitute­s immorality and annoyance/nuisance conduct.

In addition, there needs to be dire urgency for a comprehens­ive anti-discrimina­tion legislatio­n which would further ensure that the concerns and rights of the LGBT community are heard and protected when seeking to purchase or rent property in Jamaica.

TIME TO TAKE A STAND

It is also eminent that several so-called‘ Christian’ landlord sim pose their own personal biases/prejudices when renting to individual­s from the LGBT community and oftentimes dismiss any form of engagement they have ongoing, upon finding out one’s sexual orientatio­n or gender identity. This act is outrightly unjust and unconstitu­tional.

Some even go to the extent of wanting persons from the community to disclose their sexual orientatio­n/gender identity to them, which, personally, I think is utter rubbish. No individual deserves to feel compelled to share any informatio­n about themselves to anyone.

It’s time we as a country take a stand and work towards protecting one of our most vulnerable and discrimina­ted groups.

POLICY AND ADVOCACY OFFICER Trans Wave Jamaica

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