Discrimination in Renting: Steps to Take in WA

As a renter in Western Australia, it's important to know your rights, especially when it comes to discrimination. Whether you're facing issues with rent increases, eviction, or repairs, understanding how to handle discrimination can empower you to protect your rights and secure equal housing access.

Understanding Discrimination in Renting

In Western Australia, discrimination in renting is illegal under the Residential Tenancies Act 1987 and the Fair Trading Act 1987 (Cth). This means landlords cannot treat prospective or current tenants unfairly based on attributes such as race, gender, disability, or family status.

Recognizing Discriminatory Practices

• Refusal to rent or imposing different terms based on personal attributes
• Providing inaccurate information about the availability of housing
• Setting a different rental price based on discriminatory reasons

Steps to Address Rental Discrimination

If you suspect discrimination in your renting experience, consider these steps:

1. Gather Evidence: Document conversations and keep records of any communications or listings that indicate discrimination.
2. Seek Mediation: Contact the Consumer Protection WA for mediation services to address the issue with your landlord.
3. Lodge a Complaint: File a formal complaint with the Equal Opportunity Commission WA, who can investigate and mediate discrimination cases.
4. Apply to the Tribunal: If mediation is unsuccessful, you can apply to the State Administrative Tribunal (SAT) for a hearing to resolve the issue.

Filing Official Complaints

To formally address discrimination, you may need to use official forms:

• Form 1AA: Residential Tenancy Agreement – Use this document to ensure the terms of your rental agreement comply with the Residential Tenancies Act 1987.
• Form 12: Notice of Termination – In cases where discrimination has led to termination, this form can be submitted to contest the decision through SAT.

"Addressing discrimination promptly and formally will help ensure your rights as a renter in WA are upheld."

Need Help? Resources for Renters

If you're dealing with discrimination or any tenancy issues, reach out to these resources:

• Consumer Protection WA – For advice and mediation services
• Equal Opportunity Commission WA – To lodge discrimination complaints
• State Administrative Tribunal (SAT) – For legal resolution of tenancy disputes

---

1. What constitutes discrimination in renting?Discrimination can occur when a landlord treats tenants or prospective tenants unfairly due to attributes like race, religion, gender, or family status.
2. How can I prove rental discrimination?Gather evidence through emails, messages, and witness statements to support your claim of discrimination.
3. Where can I report rental discrimination in WA?You can report rental discrimination to the Equal Opportunity Commission WA or seek mediation through Consumer Protection WA.

1. How to file a complaint about discrimination in renting
   1. Compile all evidence of discrimination for submission.
   2. Contact the Equal Opportunity Commission WA to lodge your complaint.
   3. Engage Consumer Protection WA for mediation services if needed.
   4. Apply to the SAT if the issue remains unresolved for legal intervention.

Key Takeaways

• Know your rights under the Residential Tenancies Act 1987 and Fair Trading Act 1987 (Cth).
• Gather evidence and seek mediation when faced with discrimination.
• Utilize official resources and channels to address tenancy issues effectively.

---

1. Residential Tenancies Act 1987: legislation.wa.gov.au
2. Fair Trading Act 1987 (Cth): legislation.gov.au
3. Consumer Protection WA: commerce.wa.gov.au

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