FAQs on Discrimination in Renting for ACT Tenants

Renting a home in the Australian Capital Territory (ACT) comes with its unique set of challenges and rights. As a tenant, understanding your rights concerning discrimination can be vital. Discrimination in renting may occur in various forms, from being denied a rental property based on race or gender to facing harassment during your tenancy. This article aims to clarify renters' rights under the ACT's Residential Tenancies Act 1997 and other federal and territorial laws.

Understanding Discrimination in Renting

Discrimination in renting involves any unfair treatment of tenants based on race, gender, disability, sexual orientation, or other protected characteristics. Such practices are illegal under both federal and territory-specific legislation.

Relevant Legislation

In the ACT, the Residential Tenancies Act 1997 provides guidelines for fair treatment. Additionally, the Fair Trading Act 1987 (Cth) extends nationwide protections against discrimination in various sectors, including housing.

Types of Discrimination

• Direct Discrimination: Occurs when a tenant is treated less favorably because of a personal characteristic.
• Indirect Discrimination: Happens when a policy or rule that appears neutral has a disproportionate negative impact on a certain group.

Actionable Steps for Tenants

If you believe you have faced discrimination, you can:

1. Document Everything: Keep a record of all instances of discrimination, including dates and details of the incidents.
2. Contact your Landlord: Address your concerns directly with your landlord or property manager, if safe to do so.
3. Seek Assistance: Reach out to the ACT Human Rights Commission or community legal centres for guidance and support.
4. File a Complaint: Consider filing an official complaint with the ACT Civil and Administrative Tribunal (ACAT).

FAQ Section

1. What should I do if I experience discrimination from my landlord? Contact legal services and document the incidents. You may also file a complaint with the appropriate authorities.
2. Is it legal for a landlord to reject my application based on my nationality? No, this constitutes discrimination and is unlawful under Australian laws.
3. Can a landlord enforce different rental conditions on me because I have children? No, imposing different conditions based on family status is discriminatory and not permitted.
4. Where can I report discrimination in renting within the ACT? You can report to the ACT Human Rights Commission and seek adjudication through ACAT.
5. What are my rights regarding reasonable adjustments for disabilities? Landlords are required to accommodate reasonable requests for modifications to ensure accessibility for tenants with disabilities.

Need Help? Resources for Renters

• Justice and Community Safety Directorate, ACT - Provides information and support regarding tenancy rights.
• ACT Legislation Register - Access to the full text of all ACT laws.
• ACT Civil and Administrative Tribunal (ACAT) - Handles residential tenancy disputes and discrimination complaints.
• ACT Human Rights Commission - Offers assistance and advice on human rights issues, including discrimination.

---

1. Residential Tenancies Act 1997: Access here
2. Fair Trading Act 1987 (Cth): Read the legislation

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid