Guide to Renting Discrimination in ACT

Renting in the Australian Capital Territory (ACT) should be a fair experience for everyone. However, discrimination can sometimes occur, impacting access to housing for many renters. Understanding your rights and the legal frameworks in place can help you protect yourself from unfair treatment.

Understanding Discrimination in Renting

Discrimination in renting occurs when a prospective or current tenant is treated unfairly, based on certain protected attributes under Australian law. In the ACT, the Discrimination Act 1991 protects tenants from discrimination based on attributes like age, gender, race, and more.

What Counts as Discrimination?

• Denying a rental application due to race or ethnicity
• Refusing necessary property modifications for disability access
• Implementing different rental terms based on age

If you feel you've been discriminated against, it's important to know how to respond and seek resolution.

Steps to Handle Discrimination

Document the Incident

Collect all necessary evidence, such as emails or communication logs, that highlight discriminatory behavior. Having a clear record will strengthen your case.

Contact Your Local Tenancy Authority

Reach out to the ACT Civil and Administrative Tribunal (ACAT), which handles disputes related to residential tenancies, including discrimination issues.

Lodge a Complaint

If informal resolution doesn't work, formally lodging a complaint with ACAT can be the next step. Use the ACAT's application form for residential tenancy to begin the process.

Relevant Legislation

Understanding specific laws can assist in preparing your case. The Residential Tenancies Act 1997 is the primary legislation governing renting in the ACT, offering protections and guidelines for fair housing access. Federally, the Fair Trading Act 1987 (Cth) provides additional consumer protection measures.

6. What if I am discriminated against when applying for a rental property? Document any discriminatory actions and lodge a complaint with the ACT Civil and Administrative Tribunal if necessary.
7. Can I be evicted for complaining about discrimination? In the ACT, retaliatory eviction for lodging a discrimination complaint is illegal. You can seek assistance from ACAT if this occurs.
8. How does ACT law protect disabled renters? The Discrimination Act 1991 mandates reasonable property modifications to ensure accessibility, unless it imposes unjustifiable hardship on the landlord.

1. How to lodge a discrimination complaint in the ACT:
   1. Collect all relevant documentation and evidence of discrimination.
   2. Contact the ACT Human Rights Commission for guidance and preliminary support.
   3. Submit a formal complaint with the ACT Civil and Administrative Tribunal using their residential tenancy application form.

Need Help? Resources for Renters

If you're experiencing discrimination or need further assistance, you can reach out to the following resources:

• ACT Civil and Administrative Tribunal (ACAT) - for lodging formal complaints.
• Tenants' Union ACT - providing advocacy and support for renters.

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1. ACAT - https://www.acat.act.gov.au/
2. Rights Act 1991 - https://www.legislation.act.gov.au/a/1991-81/
3. Fair Trading Act 1987 - https://www.legislation.gov.au/Series/C2004A03392

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