Understanding Discrimination in Renting in NSW

In New South Wales, understanding the laws around discrimination in renting is vital for ensuring your housing rights are protected. If you're facing a situation where you feel discriminated against when renting, knowing your rights can empower you to take action. Discrimination in renting can occur at different stages, whether during the application process or while living in the rental property.

What Constitutes Discrimination in Renting?

Discrimination in renting occurs when a landlord or property manager treats you unfairly based on personal attributes rather than merit. Protected attributes under New South Wales law include:

• Race
• Age
• Gender
• Sexual orientation
• Disability
• Marital status
• Pregnancy

These attributes are covered under the Anti-Discrimination Act 1977 (NSW) and the Fair Trading Act 1987 (Cth)¹. Discrimination can manifest in various ways, such as refusing to rent, offering different terms, or harassment based on one of these attributes.

Your Rights Under the Residential Tenancies Act 2010

The Residential Tenancies Act 2010 is a critical piece of legislation in New South Wales outlining tenant and landlord rights². It supports tenants by setting standards for fair treatment and providing mechanisms to address grievances.

Steps to Take if You Experience Discrimination

If you believe you're being discriminated against, here are steps you can take:

1. Document Everything: Keep records of all communications and interactions with your landlord or property manager. Include emails, messages, and notes from phone calls.
2. Speak to Your Landlord: Sometimes, discussing the issue directly with your landlord or property manager may resolve the matter.
3. Seek Legal Advice: Contact a local community legal centre in New South Wales or speak to a solicitor specializing in tenancy law.
4. File a Complaint: You can lodge a complaint with NSW Fair Trading, which handles such disputes.
5. Apply to the Tribunal: If the discrimination continues, you may apply to the NSW Civil and Administrative Tribunal (NCAT).

Being proactive and informed is the best approach to dealing with discrimination in renting.

Preventing Discrimination

Preventing discrimination involves understanding your rights and setting clear boundaries:

• Know the laws and regulations governing tenancies.
• Regularly communicate with your landlord or property manager.
• Be aware of your rights regarding rent adjustments and tenancy changes.

Need Help? Resources for Renters

For additional support, please consider the following resources:

• Tenants' Union NSW - Offers advice and support for tenants in NSW
• Legal Aid NSW - Provides legal services including advice on tenancy matters
• NSW Fair Trading - Handles complaints and provides guidance on tenancy disputes

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

   If you experience discrimination from your landlord, document all instances, try discussing the matter with them, seek legal advice, file a complaint with NSW Fair Trading, and consider an application to the NCAT.

2. Can my landlord refuse my application based on my age?

   No, refusing a rental application based on age is considered discrimination under the Anti-Discrimination Act 1977 in NSW.

3. Where can I find official tenancy forms in NSW?

   Official forms can be found on the NSW Fair Trading website, which provides tenants with necessary documents and guidelines.

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