LAS VEGAS (KTNV) — A landlord who made a tenant sign a sex contract in order to lease a home is defending himself in federal court.
It's day five of the ongoing trial over alleged violations of the Fair Housing Act, discrimination, harassment and wrongful eviction.
The landlord's defense to making his tenant sign a sex contract to get herself and her five children into a stable home is essentially, 'She made me do it.'
In November 2018, Allan Rothstein was a property manager and real estate broker hired by the out-of-state homeowner to lease out the house on Wedgebrook St. in southeast Las Vegas.
When a single mother on Section 8--a federal housing help program--inquired about the property, Rothstein let her move in and pay out of pocket to fix it up to meet HUD standards.
But in order to stay there and get a signed lease, he required her signature on a contract agreeing to have sex with him.
The document is titled "Direct Consent for Sexual Intercourse and or (oral sex)."
In court records, Rothstein blames the tenant for the existence of the sex contract, saying he had to use it to protect himself.
"Nobody in their right mind would go to the trouble to draw up a contract like this," said Attorney Bruce Flammey, a housing law expert who 13 Investigates asked to analyze the case.
In court records, Rothstein says he got the sex contract from the internet, and says the "Purpose and effect... Are self-explanatory."
"But with respect to this document concerning, basically, extorted sex, there's a problem there," noted Flammey.
In court records, Rothstein claims the tenant was living in her car with her five kids when she sought the lease and he "Felt bad for her situation..." saying "Even though she had a terrible credit score" he decided she might be a good tenant "If Section 8 was going to guarantee most of the rent."
He goes on to claim that she "Stated she would do 'anything' to secure the lease..." and he took that to suggest "Intercourse and sexual favors in lieu of monetary payment."
He says "Those suggestions were rebuffed" when he met with her and that he had her sign the sex contract so he "Could not be accused of... misconduct."
"I did think it was a nice touch at the end where the drafter says that you're subject to perjury if you violate any of the terms of this contract that he drafted up for his tenants," Flammey said, incredulously.
In court records, Rothstein says the tenant who's currently suing him is the only person he's ever given an agreement of this nature.
"With respect to the facts, I think we have to say thank God for strong women, because I think it's a valid point that this is designed to be utilized against people who don't have the resources to stand up," Flammey said.
The tenant says in court records that she never had any sexual encounter with Allan Rothstein.
13 Investigates reached Rothstein on the phone. Both he and his lawyer said they had no comment, at least while the trial remains ongoing.
It's expected to wrap up early next week.
In a separate action in April, the Nevada Real Estate Division investigated the allegations surrounding the sex contract.
On May 12, 2022, NRED revoked Rothstein's broker and property management licenses and fined him more than $94,000.
