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Discrimination - Information Statement

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Discrimination is defined as the “unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, or sex”.  Snug supports inclusivity and does not tolerate discrimination. Furthermore, each State has a position on Discrimination in the rental market.

 

Click to view the Victorian Information Statement 

 

This article will explain what tenant’s rights are, offer tips for agents and owners to ensure no discriminatory practices, and outline where to get help if you experience discrimination either in applying-for or during renting.  

When leasing a property, it is up to the discretion of the landlord, agent or owner to select the tenant that best suits the property and lease offer. These decisions are often based on factors such as an applicants renting history, personal references and an ability to consistently pay rent.

However, it is illegal for the property manager to discriminate in tenant selection, based on:

  • Age
  • Family responsibilities
  • Disability (physical or mental)
  • Employment activity
  • Gender or sexual orientation
  • Industrial activity
  • Marital status
  • Physical features
  • Political belief or activity
  • Pregnancy
  • Race
  • Religion
  • Personal association with someone who has, or is assumed to have, one of these personal characteristics

Examples of Discrimination in Renting

Racial discrimination is cited by many anti-discrimination advocates as being the most common form of discrimination that renters face. People to be discriminated against purely on the basis of their names, prompting many to anglicise their names just for their application to be considered, as it otherwise mightn’t.

Yet discrimination doesn’t stop at the application process. Ethnic minorities and Indigenous people may continue to be vulnerable even after having secured a lease, with many renters paying above-market rent for properties that need urgent repairs, just because they struggle to find anywhere else to rent due to racial discrimination.

Information for Tenants about Discrimination

The single best thing tenants can do is to research their legal rights when it comes to discrimination in renting. It is illegal for landlords or real estate agents to discriminate against you:

  • When rental accommodation is advertised (e.g. and ad that says people of a particular ethnic group cannot apply)
  • When you enquire about the availability of advertised accommodation (e.g. an agent refuses to show a vacant rental property to two unmarried women)
  • When you apply for rental accommodation (e.g. by refusing to take your application, placing you lower on the list of applicants, or refusing to rent the premises to you)
  • While you are renting accommodation by imposing terms or conditions which are discriminatory (e.g. limiting the people you can invite to visit)
  • By ending the tenancy because of your race, sex, gender identity, sexualiuty, disability, marital status, or age
  • By sexually harassing you in the course of being provided or offered accommodation
  • By not giving you all the benefits associated with your accommodation (e.g. you live in flats with a pool and are not allowed to use the pool because you have a child with disability)

If you are unfortunate enough to experience discrimination in renting, try to gather as much evidence as possible and contact your relevant state authority:

NSW

  • Anti-Discrimination Board of NSW:
    • Phone 9268 5544 (Sydney)
    • 4224 9960 (Wollongong)
    • 4926 4300 (Newcastle)
    • Free call 1800 670 812
  • Australian Human Rights Commission:
  • Community Legal Centres:

VIC

QLD

  • The Anti-Discrimination Commission Queensland:
    • Phone 1300 130 670 from anywhere in Queensland, toll-free.
    • Offices are located in Brisbane, Rockhampton, Townsville and Cairns.
  • The Australian Human Rights Commission:
    • Phone 1300 656 419 or (02) 9284 9888 or
    • Email infoservice@humanrights.gov.au

SA

  • SA Equal Opportunity Commission:
    • Telephone: (08) 8207 1977,
    • Country Callers: 1800 188 163
    • Fax: (08) 8207 2090
    • Email: eoc@sa.gov.au

WA

  • The WA Equal Opportunity Commission (EOC):
    • Phone (08) 9216 3900 or country freecall 1800 198 149.
    • Free publications about discrimination, as well as complaint forms, can be downloaded from the EOC’s website at www.equalopportunity.wa.gov.au
  • The Australian Human Rights Commission:

NT

ACT

TAS

 Tips for Agents and Owners

The best thing that property managers (landlords and agents) is understand the problem with discrimination and ensure that your screening process is as fair as possible, ad.

  1. Avoid Discrimination in Rental Ads

The first thing a property manager can do is ensure that their rental listing doesn’t suggest that people that fall in certain identity categories will not be treated differently, in a discriminatory way.

A good rule to follow is to draft the ad to describe the property, rather than the person that the property manager would believe to be a good fit (e.g. a single, young professional).

  1. Be Fair when Screening Tenants

There are multiple ways to do this:

    • Apply a standard tenant screening policy: Determine the information needed to find the best tenant, that doesn’t factor-in any discriminatory questions and apply this same screening policy to all applicants to create a fair process.
    • Avoid tenant screening policies that create barriers for applicants: An example of a policy that would create a barrier would be requiring a credit card or savings to fall back on, or a long employment history, even if the applicant has proven an ability to pay rent and has sufficient income.
  1. Understand your responsibilities

As discrimination isn’t exclusively limited to the application process, a good property manager will understand their responsibilities throughout the duration of the renting cycle. Ensure continual management of the property, and if your tenants complain of harassment or discrimination by neighbours or housemates, be sure to take complaints seriously and show no tolerance for those that harass other tenants.

How Snug Aims to Reduce Discrimination

Snug vision is to create a place that everyone calls home. We aim to make renting easier and that includes making it fairer. Snug approaches discrimination very seriously through our product and policies.

Our application form is designed to allow renters to put their best foot forward. Snug Match takes a data driven approach to consider the rental application details objectively to achieve the best outcome for the renter, owner and the agent.

If you feel you are subjected to discrimination please contact hello@snug.com to advise us the property and details so that we can try to help resolve the matter. Please note your State Anti-Discrimination Commission is best placed to formally attend to the matter.

Make a Formal Complaint

If you have experienced Discrimination in renting, please contact either the The Australian Human Rights Commission: Phone 1300 656 419 or (02) 9284 9888 or email infoservice@humanrights.gov.au

Or contact your state Anti-Discrimination Commission as listed earlier in this article.

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