Discrimination in Renting: Steps for South Australians

Experiencing discrimination while renting can be stressful and unjust. In South Australia, renters are protected under the Residential Tenancies Act 1995 and have the right to a fair rental process. Understanding your rights and the steps to address discrimination is crucial in ensuring equal housing access.

Understanding Discrimination in Renting

Discrimination in renting occurs when a renter is treated unfairly based on attributes like race, religion, gender, or disability. The Equal Opportunity Act 1984 in South Australia provides certain protections against such discrimination. Landlords cannot legally refuse rental applications or offer different rental terms based on personal characteristics.

Common Forms of Discrimination

• Refusal to rent a property due to race, age, or family status
• Different conditions or rules applied based on gender or marital status
• Harassment due to sexual orientation or disability

Steps to Take if You Experience Discrimination

1. Document the Discriminatory Action

Gather evidence of the discrimination. This can include written communication, such as emails or text messages, or notes of conversations detailing the incident.

2. Contact the Landlord or Agent

Address the issue directly with your landlord or agent. Express your concerns and provide them with an opportunity to resolve the matter amicably.

3. Seek Mediation or Lodge a Complaint

If the issue is unresolved, consider mediation through services like Consumer and Business Services SA. Alternatively, file a formal complaint with the Equal Opportunity Commission.

4. Apply to the South Australian Civil and Administrative Tribunal (SACAT)

You can apply to SACAT if the discrimination persists. Use SACAT's application forms to initiate this process.

Renter Advice: Keep all records of any interactions with your landlord regarding discrimination. These can be vital in legal proceedings.

Need Help? Resources for Renters

• SA Government Renting and Letting
• Equal Opportunity Commission
• SACAT

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1. What is considered discriminatory behavior by a landlord? Landlords must not treat renters unfavorably due to attributes such as race, gender, religion, or age. If they do, it's considered discrimination.
2. How can I prove discrimination in renting? Keep detailed records of interactions, including written communications and notes from conversations that demonstrate discrimination.
3. Can I get legal aid for rental discrimination issues? Yes, services like the Legal Services Commission of SA can provide assistance and advice.

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