Understand Your Rights on Rental Discrimination in Victoria

No one should have to face discrimination when renting a home. Understanding your rights can empower you as a renter in Victoria, allowing you to take the necessary steps to address any discrimination you face during your rental journey.

Understanding Rental Discrimination in Victoria

Discrimination in renting encompasses unfair treatment based on characteristics like age, gender, race, religion, or disability. In Victoria, the Residential Tenancies Act 1997 and the Equal Opportunity Act 2010 protect renters from such practices. These acts ensure that all individuals have the right to rent accommodations without facing unfair barriers or biases.

Protected Attributes

The law in Victoria protects renters from discrimination based on several attributes, including:

• Age
• Gender
• Race
• Disability
• Marital status
• Sexual orientation
• Religious beliefs
• Pregnancy

If you encounter discrimination, it's crucial to recognize that it is not simply part of the rental process but an actionable issue against which you can stand. Key to this is knowing exactly how to identify and respond to discrimination effectively.

Responding to Discrimination

Documentation and Evidence

If you believe you've been discriminated against, gather as much evidence as possible. This may include:

• Written communication (emails or texts)
• Witness accounts
• Any discriminatory statements made during property viewings or negotiations

Filing a Complaint

Once you have gathered evidence, you can file a complaint with the Victorian Equal Opportunity and Human Rights Commission. It is advised to do so within six months of the discriminatory act.

Tip: Clearly document each interaction related to the discrimination to strengthen your case.

Applying for a VCAT Hearing

If the issue escalates, you may apply for a hearing with the Victorian Civil and Administrative Tribunal (VCAT). You’ll need to fill out an application form which is available on their official website. At the hearing, evidence gathered will be crucial in supporting your claims.

Common Examples of Discrimination

Discrimination can surface in several ways during a rental transaction, such as:

• Refusal to rent
• Providing disadvantaged terms compared to other tenants
• Estate agents being discriminatory during inspections

Summary and Final Thoughts

• Recognize instances of discrimination and understand that they are against the law.
• Gather evidence when you encounter discriminatory behaviors.
• Don't hesitate to utilize resources like VCAT or the Victorian Equal Opportunity and Human Rights Commission.

Need Help? Resources for Renters

• Victorian Equal Opportunity and Human Rights Commission: Accessible aid for discrimination issues (Website)
• Victorian Civil and Administrative Tribunal (VCAT): Dispute resolution services (Website)
• Tenants Victoria: Provides comprehensive renter support and advocacy services (Website)

---

1. What should I do if I experience rental discrimination?
   If you experience rental discrimination, gather all relevant documentation and consider filing a complaint with the Victorian Equal Opportunity and Human Rights Commission.
2. How is rental discrimination defined under Victorian law?
   Rental discrimination is unfair treatment based on attributes like race, age, gender, disability, and other characteristics protected by the Equal Opportunity Act 2010.
3. Can I take my discrimination complaint to a tribunal?
   Yes, if necessary, you can take your complaint to the Victorian Civil and Administrative Tribunal (VCAT) after attempting resolution through the Victorian Equal Opportunity and Human Rights Commission.

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