Understanding Rental Discrimination Laws in NSW

Living as a renter in New South Wales comes with certain rights designed to protect you from discrimination. Understanding these rights is essential in ensuring that you're treated fairly and equitably. In this article, we'll answer common questions about rental discrimination, providing you with the knowledge needed to safeguard your rental experience.

What Constitutes Rental Discrimination in New South Wales?

In New South Wales, rental discrimination occurs when a landlord, agent, or property manager treats a prospective or existing tenant unfairly based on specific protected characteristics. These characteristics include race, age, gender, family status, disability, and more.

Protected Characteristics

According to the Anti-Discrimination Act 1977 (NSW), it is unlawful for landlords to discriminate against renters based on:

• Race, including color, nationality, descent, and ethnic, ethno-religious, or national origin
• Sex or marital status
• Disability, including physical, intellectual, psychiatric, sensory, neurological, or learning disabilities
• Gender identity
• Age
• Carers responsibilities

Understanding these protections is critical for renters, and you can learn more about your rights by reviewing the Residential Tenancies Act 2010.

How Can You Identify Discrimination?

Identifying discrimination isn't always straightforward. Common areas where discrimination can occur include:

• Refusing tenancy or eviction
• Differing terms of tenancy agreements
• Discriminatory treatment in repairs and maintenance

If you suspect that you've been discriminated against, it's important to document all instances and seek advice.

Steps to Take if You Experience Discrimination

1. Gather Evidence: Keep records of any communications, including emails and texts.
2. Discuss the Issue: Approach your landlord or property manager to address the concern directly.
3. File a Complaint: If the issue isn't resolved, you can lodge a complaint with the NSW Fair Trading or the LawAccess NSW.
4. Seek Legal Advice: Consider getting legal advice from a community legal center.

Need Help? Resources for Renters

For additional support, consider contacting these New South Wales resources:

• Tenants' Union of NSW
• Legal Aid NSW
• NSW Anti-Discrimination Board

---

1. How is rental discrimination defined in NSW?Rental discrimination in NSW is any unfair treatment of a tenant based on protected characteristics such as race, sex, or disability.
2. What should I do if I suspect discrimination? Document instances of discrimination, communicate with your landlord, and, if necessary, file a complaint with NSW Fair Trading or seek legal advice.
3. Where can I get help regarding discrimination issues? You can reach out to the Tenants' Union of NSW, Legal Aid NSW, or the NSW Anti-Discrimination Board for assistance.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid