Detecting Rental Discrimination in South Australia

Every renter in South Australia deserves an equal opportunity for housing without facing discrimination. Whether it pertains to race, age, gender, or a disability, discrimination in housing is both unethical and illegal. Under the Residential Tenancies Act 1995, renters have specific protections ensuring equitable treatment when seeking or maintaining rental properties.¹

What Constitutes Discrimination in Renting?

Discrimination in renting occurs when a landlord or property manager treats a potential or current tenant unfairly based on specific protected characteristics. These include but are not limited to:

• Race or ethnicity
• Age
• Gender or sexual orientation
• Disability
• Marital status
• Pregnancy

For example, a landlord refusing to rent a property to someone because they have children is engaging in discriminatory behavior.

Lodging a Complaint

If you believe that you have been subject to discrimination, it is important to act swiftly. You can lodge a complaint with the South Australian Equal Opportunity Commission. Make sure to gather as much evidence as possible, including written communications, before proceeding.

Legal Framework and Protections

Renters in South Australia are protected under the Residential Tenancies Act 1995 which mandates fair treatment for all tenants. Additionally, the Fair Trading Act 1987 (Cth) provides guidelines to ensure that trading practices, including rental agreements, are free from unfair discrimination.²

Filing a Dispute

You can file a dispute regarding discrimination in renting with the South Australian Civil and Administrative Tribunal (SACAT). This body handles residential tenancy disputes and can offer legally binding resolutions.³

Need Help? Resources for Renters

If you need further assistance, contact the following resources:

• Community Legal Centres in South Australia
• South Australian Civil and Administrative Tribunal (SACAT)
• South Australian Equal Opportunity Commission

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1. What should I do if I face discrimination? As a first step, document all evidence of discrimination and lodge a complaint with the South Australian Equal Opportunity Commission.
2. How can I prove rental discrimination? Compile any pertinent communications, such as emails or messages, that demonstrate the landlord's discriminatory behavior.
3. What laws protect me from discrimination in renting? The Residential Tenancies Act 1995 and the Fair Trading Act 1987 (Cth) both provide protections against rental discrimination.

1. How to file a discrimination complaint in South Australia
   1. Gather all relevant evidence, including communications and witness statements.
   2. Visit the South Australian Equal Opportunity Commission's website to access their complaint form.
   3. Complete and submit the form with the attached evidence.
2. How to resolve a rental discrimination dispute with SACAT
   1. Check the SACAT website for application requirements and ensure you meet them.
   2. Submit an application outlining your situation and provide necessary documentation.
   3. Attend the SACAT hearing to present your case.

Key Takeaways

• Discrimination in renting based on personal characteristics is illegal.
• Renters should document all incidents of discrimination carefully.
• Resources and legal protections are available to assist renters facing discrimination.

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1. Residential Tenancies Act 1995. Available at https://www.legislation.sa.gov.au
2. Fair Trading Act 1987 (Cth). Available at https://www.legislation.gov.au/Details/C2018C00468
3. South Australian Civil and Administrative Tribunal. Available at https://www.sacat.sa.gov.au/

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