Dealing with Rental Discrimination in NSW

Facing discrimination as a renter in New South Wales (NSW) can be a daunting experience. Whether it's due to your race, age, or disability, knowing your rights and the steps to take is crucial. This guide provides a step-by-step approach to handle discrimination in renting in NSW, ensuring you have the information and tools you need to address the situation effectively.

Understanding Rental Discrimination

Discrimination in housing occurs when a landlord or real estate agent treats you unfairly based on specific attributes, such as race, gender, age, or disability. In NSW, the Anti-Discrimination Act 1977 protects tenants from such unfair treatment.

Steps to Address Discrimination

1. Document the Discrimination

Start by collecting evidence of the discriminatory behavior. This could include emails, text messages, or witness statements from others who have observed the behavior.

2. Contact the Landlord or Agent

Write to your landlord or real estate agent, outlining your concerns and providing evidence where applicable. Request a meeting to discuss the situation and seek a resolution.

3. Seek Advice and Support

If the issue is not resolved, seek advice from legal or tenancy services. Resources such as the Tenants' Union of NSW can provide guidance.

4. File a Complaint

If discrimination continues, consider filing a formal complaint with the NSW Anti-Discrimination Board. They can investigate and mediate your case.

5. Apply to the Tribunal

If necessary, apply to the NSW Civil and Administrative Tribunal (NCAT) for a ruling on your case. The NCAT can make legally binding decisions.

Tip: Keep all communication respectful and professional when dealing with landlords or agents. This can help in negotiating and reaching a solution.

Relevant Forms for Addressing Discrimination

• Complaint Form: To file a complaint with the Anti-Discrimination Board, use their online form.
• NCAT Application Form: If you need to apply to the NCAT for a decision, use the NCAT application form.

Need Help? Resources for Renters

• NSW Anti-Discrimination Board
• Tenants' Union of NSW
• NSW Fair Trading

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1. What should I do if a realtor discriminates against me? Contact the real estate agency to address the issue and gather evidence. If unresolved, seek advice from tenant support organizations or file a complaint with the NSW Anti-Discrimination Board.
2. Can I refuse to provide personal information if it feels discriminatory? While landlords can request certain information, it must be relevant to the rental application. If you feel a request is discriminatory, you can reach out to the Anti-Discrimination Board for guidance.
3. How long does it take for the NCAT to resolve a case? The time frame can vary, but typically, the NCAT aims to resolve matters promptly. Seeking initial advice from the Tenants' Union of NSW can help you prepare effectively.

1. How to file a discrimination complaint in NSW?
   1. Step 1: Gather evidence
      Collect all documents, messages, or witness accounts related to the discrimination.
   2. Step 2: Contact the involved party
      Write to your landlord or agent, explaining your concerns and providing evidence.
   3. Step 3: Seek professional advice
      Contact organizations like the Tenants' Union of NSW for support and advice.
   4. Step 4: Lodge a formal complaint
      If unresolved, lodge a complaint with the NSW Anti-Discrimination Board.
   5. Step 5: Tribunal application
      If needed, apply to the NCAT for legal resolution.

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