Tenant Protection from Discrimination in NSW

In New South Wales, renters have the right to safe and equitable housing, free from discrimination. The NSW Anti-Discrimination Act 1977 ensures that everyone has equal housing opportunities, irrespective of similar personal attributes. As a renter in NSW, it’s crucial to understand how these protections work to safeguard your rights.

Understanding Discrimination in Renting

Discrimination occurs when you're treated unfairly or harassed due to personal attributes such as age, disability, race, sex, or sexual orientation. Under the Residential Tenancies Act 2010 (NSW), such practices are prohibited, and landlords cannot refuse accommodation based on these grounds. These regulations aim to ensure fair treatment in the rental market.

How Are You Protected?

The NSW Fair Trading oversees the implementation of tenant protections. If you experience discrimination, you can lodge a complaint with the NSW Civil and Administrative Tribunal (NCAT). NCAT can assess complaints and take action against discriminatory practices.

It's important to gather evidence of any discriminatory treatment—such as emails, texts, or witness statements—to support your claim.

Relevant Forms and Procedures

• Form 1 - Tenancy Application: This form is crucial when applying for rental properties. Ensure it's filled with accurate information and understand that unfair rejection personally targeting traits protected under discrimination laws can be contested.
• Complaint Form: If you face discrimination, use the NSW Anti-Discrimination Board’s complaint form. Provide clear details and evidence of the discriminatory actions. Access the form here.

Filing a Complaint

If you believe you've faced discrimination, here are the steps to follow:

1. Gather Evidence: Collect all necessary documentation, including correspondence or if applicable, witness statements.
2. Contact NCAT: Submit a complaint to NCAT, outlining the discriminatory behaviour. Provide all evidence to support your case.
3. Seek Support: Contact tenant advocacy services for guidance and support throughout the process.

Need Help? Resources for Renters

Several resources are available for renters facing discrimination in NSW:

• NSW Fair Trading - for lodging complaints and understanding your rights.
• Tenants' Union of NSW - offers advice and advocacy services.
• Family and Community Services (FACS) - provides support on housing issues.

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1. What should I do if I face discrimination in renting? If you believe you are being discriminated against, gather evidence and file a complaint with the Anti-Discrimination Board or NCAT.
2. Is it legal for a landlord to refuse renting based on my ethnicity? No, under the Anti-Discrimination Act 1977, refusing to rent based on ethnicity is illegal.
3. Can I challenge an unfair eviction notice in NSW? Yes, you can contest an eviction notice by lodging an application with NCAT if it is based on discriminatory reasons.

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