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I live in North Philly near Temple University because that's my placement of employment. I'm a renter at one of PMC-owned properties since last August.
Issue 1:
HVAC issues have been bugging me crazy throughout the year. Last September, after speaking to the tenants sharing the same floor, I discovered that it's a common concern for many of us. So I gathered their email addresses (with their permission, of course) and sent out a collective message to the management asking it to better take care of the property and provide a lasting solution. Our property manager then responded by telling me not to convene with other tenants and that he 'appreciates my cooperation.' I sent him a response arguing the impropriety of his tone, but he didn't respond to that.
Issue 2:
Fast forward to March 2017, I saw a unit available in the building that was south-facing, cheaper than what I was paying, and similar in size (less than 80 square ft difference). Having successfully transferred to different units in the same buildings in New York and Boston, I asked my property manager if that's a possibility here. In his email response, he flat-out told me that 'transferring between units is not possible.' About a month later, in May, a new tenant moved into the unit.
Issue 3:
This June, because my property management company forces 60-days notice, I went to their office to hand in the signed lease-extension form. The manager I've been communicating wasn't there, so I turned in my form to another one who's sharing the same office as him. Not sure what steered the conversation that way, but she told me that anyone who's been living in one of their properties for more than six continuous months could move to another unit in any of the properties they own (including one's current building of residence) provided that they put up a new deposit and a one-time payment of $100 for transfer application. I've also heard that within my building, there have been multiple occasions where tenants were granted intra-transfers during my stay.
So I acquired the email address of the property management company's upper brass and sent them a message detailing all my grievances. A couple of days later, Aug, 18, one of their SVP called and offered to freeze my lease rate for the upcoming year. I calculated and came to conclusion that their offer comes way short of what I could have saved had the manager I've been speaking to just allowed me to transfer in April, so I declined. The svp then asked if I had all relevant emails I had with the manager and I forwarded all of them to her. So I'm waiting for her to get back to me.
My questions to the knowledgeable crowd in this forum are as follow:
1. Is this a good ground for a discrimination lawsuit? (my lease contract says tenants can't sue, but I think the gravity of the situation should be considered here)
2. What can I expect to get as a proper compensation? I have no interest in milking out some ridiculous sums of money from the company (FYI, the difference between what I've been paying at my current unit and what I could have been paying since this May if my transfer was granted is $80. Moving onto September, when my lease extension kicks in, the difference would be $120.
No, it's not grounds for a discrimination lawsuit in my "I'm not a lawyer" opinion. Nothing that you've mentioned meets the legal definition of discrimination:
Telling you no regarding something you asked about is not discrimination. I also suspect that the unit transfers you mention were to apartments with higher rents, not lower. It's also likely they occurred at the end of a lease.
No, it's not grounds for a discrimination lawsuit in my "I'm not a lawyer" opinion. Nothing that you've mentioned meets the legal definition of discrimination:
[url=http://civilrights.findlaw.com/civil-rights-overview/what-is-discrimination.html]What is Discrimination? - FindLaw[/url]
Telling you no regarding something you asked about is not discrimination. I also suspect that the unit transfers you mention were to apartments with higher rents, not lower. It's also likely they occurred at the end of a lease.
1. Shouldn't telling me no and yes to others when dealt the exact same question/request considered discrimination?
2. The SVP told me that I could move to a cheaper unit if I wanted to, so your conjecture no.2 is wrong. I didn't mention this in my original posting, but I actually spoke to one couple who made this intra-transfer and they told me that their original lease lad 5 months to run. PMC just wipes out your original lease and have you sign a new one-year one, as stated in their application and confirmed to me in person by two PMC associates.
1. Shouldn't telling me no and yes to others when dealt the exact same question/request considered discrimination?
2. The SVP told me that I could move to a cheaper unit if I wanted to, so your conjecture no.2 is wrong. I didn't mention this in my original posting, but I actually spoke to one couple who made this intra-transfer and they told me that their original lease lad 5 months to run. PMC just wipes out your original lease and have you sign a new one-year one, as stated in their application and confirmed to me in person by two PMC associates.
At any rate, your opinion is appreciated.
1) No. Prove it was based on a protected class and you would have a case. They can "discriminate" against you just because you are a trouble maker and it isn't illegal.
You clearly are just looking for someone to agree with you so I won't bother responding further but for simplicity sake you can sue anyone for anything at any time. The question is will you win and the answer is highly unlikely but if you are dead set on it then waste your money on a lawyer and try.
You're basically looking for a fight. Dont expect the guy to be nice to you.
Personally I wouldn't let people move around. You rented x unit at x dollars for x time. Why should I move you? There is no incentive to do so. Moving you is going to cost me money in renovations and downtime
It's not discrimination, no matter how you look at it. At best it's a lease/contract issue. Does your property management company have a written policy with respect to tenants moving inside of buildings, or is it a discretionary (i.e. "we'll do it if we like you") kind of thing? This also has a bearing on whether you get 'compensation'. If it's not a requirement based on some written policy, then they really don't have to compensate you at all. If that's the case, the person you spoke to is just doing basic customer service and you should take what they offer before they change their mind.
If you keep it up, you may very well find out that they ask you to leave at the end of your lease, and they do not accept you at any of their other properties. Looks like you may be heading there.
You have your records, but they have theirs, and the PM is not happy that you are discussing things with other residents. The higher ups may not be aware you did that, and they may determine you are a trouble maker and let you go at the end of the lease.
If I were in your place I's just be happy if they let me move to a different building with better air, and not expect money for something in the past.
It's not discrimination, no matter how you look at it. At best it's a lease/contract issue. Does your property management company have a written policy with respect to tenants moving inside of buildings, or is it a discretionary (i.e. "we'll do it if we like you") kind of thing? This also has a bearing on whether you get 'compensation'. If it's not a requirement based on some written policy, then they really don't have to compensate you at all. If that's the case, the person you spoke to is just doing basic customer service and you should take what they offer before they change their mind.
It's a written policy. There is a form drafted by the company allowing that, so it certainly is not an 'only if we like you' kind of deal. Matter of fact, both the SVP and second property manager who informed me of the existence of the said transfer application said that that it is a company policy to allow their tenants to make intra-company property transfers. So do you think it changes anything?
It was discrimination but NOT illegal discrimination. We discriminate every day in our daily lives -- what color to wear, what person to invite to dinner, what car to buy. As landlords we also discriminate among applicants and tenants. Who we offer to renew leases to, who we send holiday cards to, who's unit we upgrade, who we allow to change units. Those are not illegal decisions. But its only illegal discrimination when the decisions are based on race, gender, marital status, sexual preference, disability or any of the protected classes by Federal, State or municipal codes.
So, if you are in a protected class and have evidence that others in your class have also been denied requests to change units then you may find there is some merit in pursuing this case.
Now, it was a violation of their policy and it looks like management is trying to remediate with you. But all this isn't grounds for an action based on discrimination.....if you want to pursue it legally you'll need a different basis for argument.
When you got snarky with the propery manager after he told you not to handle issues for other tenants, then you basically got off on the wrong foot with him.
There's a risk when a tenant gets snarky with the landlord or property management. The property management learns that you are a trouble maker and they
1) Avoid you or
2) Don't go out of the way to help you or
3) They tell you to move when your lease expires rather than give you to option to renew a lease.
You likely experienced #2 above as a direct result of getting snarky in the email.
You have not learned how to be nice with the property management firm and you are now stirring up trouble with them about the transfer. They were very nice to offer you a discount/locked rate but you refused. They probably weren't happy about that either, because they went out of their way to give you a good deal but you still weren't satisified.
Don't be surpised when #3 above happens to you. Because it's highly likely that they won't renew your lease because you are a problematic tenant due to complaining and having a nasty attitude.
And when they refuse to renew your lease next time, it's not discrimination. It's because of the way you treat them. They'll want to cut ties with you, even if you pay on time always and even if you keep your unit clean. They don't have time to deal with tenants that give them trouble.
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