Mogilevsky alleges in addition, that the Defendants’ actions violate the Fair Housing Act (“Act") because they discriminated against him in the terms, conditions or privileges and/or the provision of services or facilities in connection with the rental of a dwelling.16 (Mogilevsky Amended Complaint ¶51.) As the Act defines a dwelling as “any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families,” it would apply to Mogilevsky’s apartment. 42 U.S.C. §3602(b). The Act defines the term “to rent” as including “to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.” 42 U.S.C. §3602(e). The agreement between the parties here, services in exchange for housing, is covered by this language. Mogilevsky filed his action on July 30, 1998, within two years of the alleged discriminatory housing practice. See 42 U.S.C. §3613(a)(1)(A). Therefore, he captures the two previous winters, from September 15, 1996 to June 15, 1997 and from September 15, 1997 to June 15, 1998 when he alleges he was deprived of a habitable apartment for discriminatory reasons. The motion to dismiss Count VII, housing discrimination under 42 U.S.C. §3604, is denied. 6.Equal Rights Act.