Tenants' Discrimination Challenges in WA

Facing discrimination as a renter in Western Australia can be daunting. Understanding your rights ensures you are better prepared to tackle these issues. While the Residential Tenancies Act 1987 (WA) provides a framework for tenant protection, discrimination issues may arise that are not always explicitly covered. Here’s a closer look at the top issues and how to address them.

1. Understanding Discrimination in Renting

Discrimination in renting occurs when a tenant is treated unfairly based on attributes such as race, gender, or disability. In Western Australia, such discrimination is unlawful under both state and national legislation, including the Fair Trading Act 1987 (Cth). Understanding what constitutes discrimination is crucial in recognising and combating it.

Common Forms of Discrimination

• Race and Ethnicity: Being denied rental property or treated differently due to race or ethnic background is prohibited.
• Disability: Tenants with disabilities must not face unfair treatment or refusal based on their condition.
• Family Status: Discrimination based on being a single parent or having children is not permitted.

2. Recognising Signs of Discrimination

Discrimination might not always be obvious. Signs include refusal to rent a property without a reasonable explanation, different treatment regarding terms and conditions, or additional requirements imposed upon you but not others. Keeping a record of these incidents can be vital.

3. Addressing Discrimination Legally

If you suspect discrimination, you can take action. Under the Residential Tenancies Act 1987 (WA), tenants can file a complaint with the State Administrative Tribunal (SAT). Ensure that you gather evidence and consider seeking guidance from advocacy services.

Filing a Complaint

To file a complaint, use the Complaint Form available on the tribunal’s website. You’ll need to document the evidence and details of your claim comprehensively.

Exploring Additional Resources

1. Review the facts of your situation and gather evidence, such as witness statements or discriminatory advertisements.
2. Contact the Equal Opportunity Commission in WA for guidance and support, or consult with local community legal centres.
3. Take timely action to report discrimination, ideally soon after the incident occurs, to support your case.

Need Help? Resources for Renters

• Tenants' Advice & Advocacy Service - Offers support and legal guidance to tenants facing discrimination.
• Western Australia Community Legal Centres - Provides legal services and advice on tenant rights.
• Equal Opportunity Commission WA - Assists with complaints related to discrimination in housing.
• State Administrative Tribunal (SAT) - Handles tenancy disputes in Western Australia.

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1. What is housing discrimination?

   Housing discrimination happens when you are treated differently in a housing situation based on attributes like race, age, or disability, which is illegal under Australian law.

2. How can I prove I have been discriminated against?

   Document any evidence such as conversations, email correspondences, or witnesses that show differential treatment. Seek advice from legal services to strengthen your claim.

3. Where can I get advice on tenant discrimination issues?

   You can contact the Equal Opportunity Commission in WA or local community legal centres for free legal advice and support.

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