Understanding Rental Discrimination in NSW

In New South Wales, rental discrimination can be a challenging issue for renters. Understanding your rights and the legal framework can help you handle such situations more effectively. The Residential Tenancies Act 2010 is the key legislation governing rental agreements in NSW, ensuring fair treatment for all renters.

What Is Rental Discrimination?

Rental discrimination occurs when a renter is treated unfairly based on attributes such as race, gender, age, or disability. In NSW, it is illegal under both state and federal laws. These laws protect renters from biased treatment during property applications, rental agreements, and tenancy terminations.

Recognizing Discrimination

If you suspect you are being treated unfairly because of your personal characteristics, it is crucial to identify the specific behavior or requirement that seems prejudiced. Common examples include:

  • Being denied a rental property because of your ethnicity or family status
  • Unjustified higher rental rates compared to others
  • Landlords refusing to accommodate disability-related needs

The Legal Framework

The key pieces of legislation governing rental discrimination in NSW include the Residential Tenancies Act 2010 and the federal Fair Trading Act 1987 (Cth). These laws aim to protect renters’ rights and ensure equitable treatment.

How to Respond to Discrimination

If you believe you have been discriminated against, you can take several steps:

  • Document everything: Keep a record of discriminatory statements or actions such as emails or text messages.
  • Contact NSW Fair Trading: Discuss your situation with NSW Fair Trading for advice and guidance.
  • File a complaint: You can lodge a formal complaint with the Anti-Discrimination Board of New South Wales if necessary.

Lodging a Discrimination Complaint

The Anti-Discrimination Board of New South Wales is responsible for handling complaints. To file a complaint, download the form from their official website and provide detailed information about your case.

Relevant Forms

Complaint Form: Use this form to lodge a discrimination complaint with the Anti-Discrimination Board. Ensure it includes all pertinent details and supporting documents. Download the complaint form from the official site.

Need Help? Resources for Renters


  1. What should I do if I face rental discrimination? Document the discriminatory actions, seek advice from NSW Fair Trading, and consider filing a complaint with the Anti-Discrimination Board of NSW.
  2. How does the Residential Tenancies Act 2010 protect me? It ensures fair treatment by outlining the rights and responsibilities of both renters and landlords, providing legal recourse in cases of discrimination.
  3. Where can I get legal help with rental issues in NSW? The Tenants' Union of NSW offers legal guidance on rental issues, including discrimination.
  1. How to lodge a discrimination complaint in NSW
    • Step 1: Gather evidence of discrimination (emails, messages, etc.).
    • Step 2: Visit the Anti-Discrimination Board website to download the complaint form.
    • Step 3: Complete the form with all relevant details and attach evidence.
    • Step 4: Submit your complaint to the Board as directed on their website.

Key Takeaways:

  • Understand your rights under the Residential Tenancies Act 2010.
  • Be proactive in documenting and responding to discrimination.
  • Seek guidance from NSW authorities and legal assistance if needed.
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Australia

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.