FAQs on Discrimination in Renting in NSW

Discrimination in the rental market can be a significant barrier for many renters in New South Wales. Understanding your rights under the law is crucial in safeguarding yourself against unfair practices. This guide answers common questions about rental discrimination and explains how to address such issues.

What Constitutes Rental Discrimination?

Rental discrimination occurs when a landlord treats a tenant unfairly based on personal attributes such as race, gender, disability, or marital status. In New South Wales, this is prohibited under the Anti-Discrimination Act 1977. The law ensures that all prospective and current tenants have equal access to housing opportunities.

Protected Characteristics

• Race
• Gender
• Disability
• Marital Status
• Age

Landlords must not make decisions based on these characteristics, whether during the application process or throughout the tenancy.

Common Types of Discrimination in Tenancy

Some common forms of discrimination include refusal to rent or impose unfair terms based on a tenant’s attributes. It’s important to document any discriminatory statements or actions and seek advice if needed.

Steps to Take if You Experience Discrimination

1. Document Everything: Keep records of suspicious interactions or communications.
2. Review Your Rights: Understand the protections offered by the Residential Tenancies Act 2010 and relevant anti-discrimination laws.
3. Seek Legal Advice: Contact a community legal centre or the Anti-Discrimination Board of NSW for guidance.
4. File a Complaint: If necessary, you can lodge a complaint with the New South Wales Civil and Administrative Tribunal (NCAT).

It’s important to stay informed and assertive to ensure your rights as a tenant are respected.

FAQ Section

1. What should I do if a landlord refuses my application based on my ethnicity?Document the communication and report the incident to the Anti-Discrimination Board of NSW for further advice and possible action.
2. Can a landlord refuse to make adjustments for my disability?No, landlords are required to make reasonable adjustments to accommodate disabled tenants unless it imposes undue hardship.
3. How do I handle discriminatory rent increases?File a complaint with NCAT if you believe a rent increase is discriminatory or unjustified.

How To Section

1. How to file a discrimination complaint in New South Wales

1. Prepare: Collect all necessary evidence and documentation regarding the discrimination.
2. Contact Authorities: Reach out to the Anti-Discrimination Board of NSW for instructions on proceeding with a formal complaint.
3. File the Complaint: Complete the necessary forms, which you can find on their official website, and submit them to the board or tribunal.

Key Takeaways

• Understand your rights under the Residential Tenancies Act 2010 and Anti-Discrimination Act 1977.
• Always document and report instances of suspected discrimination.
• Seek support and legal guidance from appropriate state bodies.

Need Help? Resources for Renters

If you face discrimination or need guidance, the following resources can assist:

• NSW Fair Trading - for tenancy information and consultation.
• Anti-Discrimination Board of NSW - for reporting and advice on discrimination.
• NSW Civil and Administrative Tribunal - for lodging disputes formally.

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