Understanding Tenant Discrimination in Victoria

As a renter in Victoria, it is important to be aware of your rights to equal housing access and freedom from discrimination. However, discrimination in renting is a persistent issue that tenants frequently encounter. Understanding these challenges and knowing your rights can empower you as a renter and help you address any potential issues.

Common Discrimination Issues for Renters in Victoria

1. Pre-Application Discrimination

Many tenants face discrimination even before they apply for a rental property. Landlords or property managers may unlawfully ask personal questions or make decisions based on characteristics such as race, gender, or age. According to the Residential Tenancies Act 1997, landlords must treat all potential tenants equally. If you suspect discrimination, you can contact the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) for advice.

2. Discrimination during Tenancy

While living in a rental property, tenants may experience discriminatory practices, such as being denied maintenance services or facing harassment. These actions are illegal under the Fair Trading Act 1987 (Cth) and you have the right to challenge them.

3. Discrimination in Eviction

Eviction based on discriminatory grounds is unlawful. If you believe your eviction is discriminatory, the Victorian Civil and Administrative Tribunal (VCAT) can intervene. They manage disputes regarding evictions and discriminatory landlord practices.

Tip: Always document instances of discriminatory behavior. Record dates, times, interactions, and any supporting communication.

Forms to Use

• Residential Tenancy Complaint Form: This form can be filed with Consumer Affairs Victoria if you need to lodge a formal complaint about discriminatory practices from landlords. Download the form.

Filing this form might be necessary if informal resolutions do not yield results, and you need official intervention.

Need Help? Resources for Renters

If you face discrimination in your rental situation, various resources can provide guidance and support.

• Victorian Civil and Administrative Tribunal (VCAT) - Handles disputes regarding tenancy and discrimination.
• Victorian Equal Opportunity and Human Rights Commission (VEOHRC) - Provides support and advice on discrimination issues.
• Consumer Affairs Victoria - Offers information and assistance about your tenancy rights.

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1. What is discrimination in renting?Discrimination in renting refers to unfair treatment of tenants based on characteristics like race, gender, or disability. It is prohibited under Australian law.
2. What should I do if I face discrimination?Document every incident and seek guidance from organizations such as the VEOHRC or Consumer Affairs Victoria. You may file a complaint with these bodies if necessary.
3. Can a landlord evict me because of discrimination?No, eviction based on discrimination is illegal. If you suspect discrimination, contact VCAT to challenge the eviction.

1. How to file a discrimination complaint in Victoria
   1. Gather Evidence: Collect all relevant documentation, including any communications and records of incidents.
   2. Contact VEOHRC: Reach out for guidance and possible intervention.
   3. Submit a Complaint Form: File the necessary paperwork with Consumer Affairs Victoria or VCAT.

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