Dear Editor,

In November 2020 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 Jamaica Rent Restriction Act, 1994.

This amendment, however, came into effect late January of 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.

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 privy 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.

Similarly, in some cases, a Christian landlord can also discriminate against people who identify with other religions on the basis that the other religions and their respective practices are immoral.

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 is dire urgency for 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.

It is also imminent that several so-called Christian landlords will impose their own personal biases/prejudices when renting to individuals from the LGBT community and may dismiss any form of agreement upon finding out one’s sexual orientation or gender identity.

In the same vein, some even go to the extent of wanting people from the community to disclose their sexual orientation/gender identity, which I think is an infringement of the individual’s rights. No individual should be compelled to share personal information with anyone.

It’s time the country takes a stand and work towards protecting one of our most vulnerable and discriminated against groups.

Lamar Grant

Policy and Advocacy Officer

TransWave Jamaica

lamar@transwaveja.com