Common Questions About Rental Discrimination in ACT

In the Australian Capital Territory (ACT), discrimination in renting is illegal and renters are protected under various laws to ensure equal housing access. Understanding your rights as a tenant can help you navigate potential discriminatory practices and ensure a smooth renting experience.

What is Discrimination in Renting?

Discrimination in renting occurs when a landlord treats a potential tenant or existing tenant unfairly based on certain attributes. These attributes can include age, race, gender, disability, and more. In the ACT, such practices are forbidden under the Residential Tenancies Act 1997.

Recognizing Discrimination

It can be difficult to identify discrimination, but common examples include:

• A landlord refusing to rent to you because of your nationality.
• Differential treatment compared to other tenants regarding the terms of the lease.
• Applying different standards or criteria to you based on personal attributes.

Steps to Take if You Experience Discrimination

1. Document Everything: Keep records of any interactions, emails, or communications with potential discriminatory remarks or actions.
2. Understand the Law: Familiarize yourself with the relevant sections of the Residential Tenancies Act 1997 that pertain to discrimination.
3. Reach Out for Support: Contact tenant advocacy groups or legal aid services in the ACT for guidance and support.
4. File a Complaint: If necessary, file a complaint with the ACT Human Rights Commission or seek assistance from the ACT Civil and Administrative Tribunal (ACAT).

Relevant Forms and How to Use Them

If you need to escalate a discrimination issue, being familiar with certain official forms can be helpful:

• Complaint Form to the ACT Human Rights Commission: Use this form to formally report instances of discrimination.
• Residential Tenancy Application Form: If you need to bring the matter before ACAT, this is where you start.

Understanding the Legal Framework

The Fair Trading Act 1987 (Cth) provides a framework to address unfair practices across Australia, including in rental markets. In the ACT, the Residential Tenancies Act 1997 specifically covers tenant and landlord responsibilities and prohibits discrimination.

Federal and Territory Laws

While state and territory laws like the Residential Tenancies Act govern most tenancy issues, federal laws also play a role in supporting fair trade and anti-discrimination measures.

Need Help? Resources for Renters

• Tenants' Union ACT: Provides information and support to ACT renters.
• ACT Human Rights Commission: Handles discrimination complaints and provides guidance.
• ACT Civil and Administrative Tribunal (ACAT): Helps resolve residential tenancy disputes.

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1. Can a landlord ask about my personal background? Landlords can inquire about your ability to pay rent but asking about personal attributes like race, religion, or gender is discriminatory.
2. What if my application is rejected? If you suspect discrimination, ask the landlord for feedback on your application and consult legal advice or tenant services to explore your options.
3. What protections do I have as a tenant in the ACT? The Residential Tenancies Act 1997 and anti-discrimination laws protect tenants from unfair treatment based on personal attributes.

1. How to file a discrimination complaint in the ACT
   1. Step 1: Gather Evidence: Collect and keep all correspondence and records related to the discrimination incident.
   2. Step 2: Understand Your Rights: Familiarize yourself with the relevant legislation including the Residential Tenancies Act 1997.
   3. Step 3: Seek Professional Guidance: Contact an advocacy group or legal aid service to discuss your situation and obtain advice.
   4. Step 4: Submit a Complaint: Use the complaint form from the ACT Human Rights Commission to officially report the incident.

• Document Everything: Keeping detailed records can significantly aid in challenging unfair practices.
• Seek Guidance Early: Don’t hesitate to reach out to tenant advocacy services for advice and support.
• Know Your Rights: Empower yourself with knowledge of state and federal laws protecting tenants from discrimination.

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