Landlords and agents have the right to choose the most suitable applicant for the property but are not allowed to unfairly discriminate. In NSW, it is against the law to discriminate against:
- marital status
It is not against the law if the landlord or agent does not want smokers, tenants with poor tenancy history or people who have had an issue with rent payments.
If a person is treated unfairly due to their race, sex, marital status etc, this is known as direct discrimination. For example, if a landlord refused to rent to you because you have children.
If there is a rule, policy, practice or procedure that adversely affects a group of people, this is known as indirect discrimination. For example:
- setting more restrictive standards, such as a higher than necessary income
- having an across the board 'no pets' policy which also excludes the needs of disabled tenants, such as those with a guide dog
- placing unrealistic restrictions on the number of occupants permitted which, for example, could exclude those who are pregnant
- having a complicated and long application form which may, for example, deter recently arrived migrants from applying.
Unless this requirement is 'reasonable having regard to the circumstances of the case' (Anti-Discrimination Act 1977) it is likely to be indirect discrimination.
Changes to domestic violence
A landlord, agent or other person cannot use or disclose information in a domestic violence termination notice or the attached evidence for any other purpose. For example, the information cannot be provided in a reference check by a property manager. Disclosure can only be made if permitted or compelled by law. A person in possession of these documents must store and dispose of them securely.
Landlords and agents must not list a tenant on a tenancy database if they ended the tenancy in circumstances of domestic violence.
To ensure victims of domestic violence are not subject to cross-examination, the contents of a declaration made by a medical practitioner is not reviewable by the Tribunal.
These measures help to limit the potential negative impact a domestic violence termination could have on survivors trying to secure alternative rental accommodation.
More information is available on domestic violence in the rented home.
Fair Trading laws
Fair Trading Laws prohibit agents from misleading consumers when it comes to the supply of goods and services.
The following is an example that may be both discrimination and misleading conduct.
An Aboriginal person rings the real estate agent about a rental property. On the phone the agent tells the caller that the property is available. When the Aboriginal person goes to the office to lodge an application, the agent informs them that it is no longer available. Then a non-Aboriginal person asks the same agent and is told that the property is still available. In an actual case like this, the Administrative Decisions Tribunal ruled that the real estate agent was liable under anti-discrimination law and awarded $6,000 damages against the agent.
Contact the NSW Anti-Discrimination Board on 9268 5555, 1800 670 812 or visit their website.