Understanding Tenant Discrimination in ACT

In the Australian Capital Territory, tenants are protected by law against discrimination in the rental market. Understanding your rights can help you navigate and challenge unfair treatment effectively. Discrimination in renting can occur at any stage, from applying for a property to managing a lease agreement. Learn what constitutes discrimination, how to address it, and where to seek support.

What is Discrimination in Renting?

Discrimination in renting refers to being treated unfairly due to attributes such as race, gender, disability, or age. ACT laws aim to ensure equal access to housing for all by preventing such unfair practices. The Discrimination Act 1991 provides guidelines on what constitutes unlawful discrimination.

Recognising Discriminatory Practices

Discriminatory practices can include:

• Refusing rental applications based on personal characteristics
• Imposing unfair rental terms or conditions
• Differential treatment in maintaining or accessing facilities

If you experience any of the above, you have a right to take action under ACT's legislation.

Taking Action Against Discrimination

It's crucial to know how to address discrimination if you encounter it:

• Document everything: Keep records of communications, including emails, letters, and notes of conversations.
• Submit a complaint: If informal resolution fails, you can lodge a formal complaint with the Human Rights and Discrimination Commissioner.

Relevant Legislation and Forms

The main legislation protecting tenants is the Residential Tenancies Act 1997. This act outlines tenants' rights and landlords' responsibilities in the ACT. For discrimination issues, the Discrimination Act 1991 is key.

Forms you may need include:

• Complaint Form: Used to file a formal complaint with the Human Rights and Discrimination Commissioner. Available on their official website: hrc.act.gov.au.

FAQ

1. How can I tell if I'm being discriminated against in my rental application?

   Look for patterns, like repeatedly being denied without clear reasons or being asked personal questions unrelated to your tenancy application.

2. What should I do if my landlord discriminates against me?

   Keep detailed records of incidents and seek advice from a legal professional or the Human Rights and Discrimination Commissioner.

3. Is there a time limit for lodging a discrimination complaint in the ACT?

   Typically, you have 12 months to lodge a complaint from the date of the discriminatory act, though exceptions can apply.

How To Challenge Discrimination in Renting

1. Collect Evidence: Gather any relevant documentation that demonstrates discriminatory behavior, such as communications or denial letters.
2. Seek Legal Advice: Contact a legal advisor or a tenants' union to understand your case and potential outcomes.
3. Contact the Commissioner: Lodge a formal complaint with the Human Rights and Discrimination Commissioner using their official form.

Key Takeaways

• Discrimination in renting is unlawful under ACT laws.
• Know your rights and how to report discrimination through the appropriate channels.
• Seek legal support if you encounter discrimination to ensure your rights are protected.

Need Help? Resources for Renters

• Access Canberra: For tenancy advice and support.
• ACT Human Rights and Discrimination Commissioner: To lodge discrimination complaints.
• Tenants' Union ACT: Provides legal advice and advocacy for renters.

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1. 1. Discrimination Act 1991.
2. 2. Residential Tenancies Act 1997.

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