Understand Your Rights Against Discrimination in Renting

Discrimination in renting is a critical issue for many renters in South Australia. Understanding your rights against discrimination can ensure that you have fair access to housing and can live without fear of unfair treatment. Under South Australian law, renters are protected from discrimination based on various grounds.

What is Discrimination in Renting?

Discrimination occurs when someone is treated unfairly or unequally based on specific attributes or characteristics. In South Australia, the Equal Opportunity Act 1984 safeguards tenants against discrimination due to race, age, gender, disability, marital status, pregnancy, sexual orientation, or identity, among other attributes.

Understanding Your Rights

As a renter in South Australia, you are entitled to equal opportunity in accessing rental properties. This means:

• Landlords cannot refuse to rent to you based on the protected attributes mentioned above.
• Your rental terms should be the same as any other tenant under similar circumstances.
• Requests for property modifications due to disability must be considered reasonably and not denied unjustly.

Actions to Take if Discriminated Against

If you believe you've been discriminated against, here are the steps you can take:

Document all interactions carefully, keeping records of communications and any evidence of discriminatory behavior.

1. Review Your Situation: Compare your rental application or treatment you received with that of others who do not share your attributes.
2. Communicate with Your Landlord: In many cases, a simple conversation may help to resolve misunderstandings or errors.
3. File a Complaint: You can lodge a formal complaint with the Equal Opportunity Commission of South Australia if discussions do not resolve the issue. Visit their official website for more guidance on the complaint process.

Relevant Legislation and Forms

The Equal Opportunity Act 1984 outlines your rights and the remedies available for discrimination. The Residential Tenancies Act 1995 also provides a framework for tenants’ rights, including anti-discrimination measures.

Filing a Discrimination Complaint

If you need to file a complaint, you can use the Complaint Form available on the Equal Opportunity Commission's website. This form is necessary when formal enquiry into discriminatory acts is required.

Practical Tips for Renters

1. Read up on state-specific accommodations, especially if you require property modifications.
2. Consult community rental advisory services for support and additional information.

1. What should I do if I am evicted for discriminatory reasons? Begin by gathering evidence and documenting every interaction that might illustrate discrimination. Then, contact your local tenancy advisory board or legal service to assist with filing a dispute. Consider submitting a formal complaint to the South Australian Civil and Administrative Tribunal (SACAT).
2. How can I prove unfair treatment by a landlord? Collect copies of all correspondences, applications, rejections, and recordings or witness statements reflecting discriminatory behavior. Present these with your formal complaint.
3. Are there legal services that can help me with discrimination claims? Yes, various community legal centers across South Australia are dedicated to providing advice and aiding in lodging complaints effectively.

Need Help? Resources for Renters

• Equal Opportunity Commission of South Australia - For complaints and inquiries about discrimination.
• South Australian Civil and Administrative Tribunal (SACAT) - For rental disputes and lodging cases of tenancy discrimination.
• South Australian Government - Renters Rights and Responsibilities

---

1. Equal Opportunity Act 1984 (SA) - South Australian legislation that provides legal protection against discrimination in various settings, including renting.
2. Residential Tenancies Act 1995 (SA) - Governs the rights and responsibilities of landlords and tenants in residential properties.

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