Discrimination in Renting: Understand Your Rights in WA

Discrimination in renting can be a significant concern for tenants in Western Australia. Understanding your rights and how to handle instances of discrimination can help ensure you have equal access to housing. This article outlines common questions and provides practical guidance to navigate discrimination issues.

What Constitutes Rental Discrimination?

Rental discrimination occurs when a tenant is treated unfairly based on specific grounds outlined in legislation. These can include race, sex, disability, age, and more. In Western Australia, it is unlawful under the Equal Opportunity Act 1984 to discriminate in housing based on these protected attributes.

Recognising Discrimination

Examples of rental discrimination might include being denied a rental application due to your race, being given different lease conditions because of a disability, or experiencing harassment due to your sexual orientation. All tenants should receive equal treatment and opportunities.

What To Do If You Face Discrimination

• Document Everything: Keep a detailed record of all communication and incidents related to the discrimination.
• Approach the Landlord: Consider discussing the issue directly with your landlord or property manager.
• File a Complaint: If the issue isn't resolved, you can file a complaint with the WA Equal Opportunity Commission.

Understanding the Role of Relevant Authorities

In Western Australia, renters can seek assistance from the Department of Mines, Industry Regulation and Safety (DMIRS). They provide resources and support for tenants facing discrimination or other rental issues.

How the Residential Tenancies Act 1987 (WA) Protects You

The Residential Tenancies Act 1987 (WA) outlines the rights and responsibilities of both landlords and tenants, ensuring a fair and non-discriminatory rental environment. Familiarising yourself with this act can empower you to address and resolve disputes effectively.

1. Can my landlord refuse to rent to me because I have children? Under WA law, landlords cannot refuse to rent to you solely because you have children, as this constitutes discrimination based on parental status.
2. What should I do if I suspect discrimination during the application process? Document any instances or communications that indicate discrimination and consider lodging a complaint with the WA Equal Opportunity Commission.
3. How can I prove discrimination in renting? Gathering evidence such as written communications, witness statements, and maintaining a detailed log of events can help substantiate your claims.

1. How to file a discrimination complaint in WA
   1. Gather all relevant evidence and documentation related to the discriminatory actions.
   2. Contact the WA Equal Opportunity Commission to seek advice or lodge a formal complaint.
   3. Present your case with a clear statement of facts and evidence.

Need Help? Resources for Renters

For support and more information, renters in Western Australia can reach out to the following services:

• Consumer Protection WA - Offers advice on rental laws and dispute resolution.
• Western Australia Equal Opportunity Commission - Handles discrimination complaints and provides resources.
• Tenancy WA - Provides legal advice and tenant advocacy services.

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1. Fair Trading Act 1987 (Cth)
2. Residential Tenancies Act 1987 (WA)
3. WA Equal Opportunity Commission - Complaint Lodgment

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