Protection Against Rental Discrimination in South Australia

In South Australia, renters are protected against discrimination under both state and federal laws. It can be daunting to navigate tenancy issues, but understanding your rights can help you secure a fair renting experience. This article addresses key aspects of rental discrimination protection in South Australia, highlighting relevant laws and resources available to renters.

Understanding Your Rights Under the Law

The Fair Trading Act 1987 (Cth) and the Equal Opportunity Act 1984 (SA) prohibit discrimination based on certain attributes. This means that landlords cannot treat you unfairly due to your race, gender, disability, or other protected characteristics.

What Constitutes Discrimination?

Discrimination occurs if a landlord refuses a lease application due to attributes unrelated to your rental reliability, like ethnicity or family status. Even advertising a rental property with language that excludes certain groups can be discriminatory.

Steps to Take If You Face Discrimination

If you believe you have encountered discrimination, here are some steps you can take:

• Document everything: Keep a record of communications and statements made during the rental application process.
• Seek advice: Contact organizations such as the Equal Opportunity Commission SA for guidance.
• Submit a complaint: You may lodge a complaint with the Equal Opportunity Commission SA if you feel discriminated against.

Filing a Complaint

The process for filing a complaint involves completing the 'Complaint Form', available on the Equal Opportunity Commission website. Provide detailed information about the incident and attach supporting documents.

Lodging a Complaint Example

Imagine you've applied for an apartment and believe your application was rejected due to your ethnicity. You can fill out the complaint form, noting specific instances of possible discriminatory language or treatment from the landlord.

Relevant Legislation

As a renter in South Australia, you are also protected by the Residential Tenancies Act 1995, which outlines your rights and responsibilities. Ensure you are familiar with these provisions to safeguard yourself against unfair treatment.

FAQ

1. What do I do if I suspect discrimination?
   If you suspect discrimination, gather evidence and consider lodging a formal complaint with the Equal Opportunity Commission.
2. Is it illegal for a landlord to ask about family status?
   Yes, asking about family status can be discriminatory under the Equal Opportunity Act 1984 (SA).
3. Can a home be advertised for "singles only"?
   No, such language can be viewed as discriminatory if it excludes potential renters based on family status.

How To File a Complaint with the Equal Opportunity Commission SA

1. Step 1: Gather Your Information
   Collect all communications and any evidence that shows discriminatory behavior.
2. Step 2: Fill Out the Complaint Form
   Access the form online via the Equal Opportunity Commission website.
3. Step 3: Submit the Form
   Send your completed form and documents to the Commission for review.

Key Takeaways

• Familiarize yourself with the Equal Opportunity Act 1984 to understand protected attributes.
• Document any discriminatory actions or statements during your rental applications or tenancy.
• Seek assistance from rental advocacy groups if needed.

Need Help? Resources for Renters

• South Australia Government Housing—Offers guidance on renting and tenant rights.
• Equal Opportunity Commission SA—Handles discrimination complaints and provides useful advice.
• RentRight SA—Provides support and information for renters facing housing issues.

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1. Fair Trading Act 1987 (Cth)
2. Equal Opportunity Act 1984 (SA)
3. Residential Tenancies Act 1995 (SA)

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