Equal Opportunity - What landlords need to know

Everyone has the right to Equal Opportunity.

One of the most important beliefs in our community is that everyone has the right to equal opportunity – to live and work in an environment free from unlawful discrimination and sexual harassment. In Victoria, this right is protected by state and federal laws. This brochure describes the combined effect of these laws.

How do Equal Opportunity Laws cover Landlords?

Victoria’s Equal Opportunity Act makes it unlawful for landlords, or their representatives, such as real estate agents, to:

refuse to sell or rent out a property;
process an application differently from other applications for the same property;
change the terms upon which accommodation is offered, such as imposing a higher bond or requiring guarantors;
change the terms upon which accommodation has already been provided;
deny or limit access to a benefit or facility that is available to other tenants;
refuse to extend or renew accommodation;
evict tenants

because of the applicant’s or tenant’s

age;
breastfeeding;
impairment/disability;

industrial activity; marital, parental or carer status; physical features;

pregnancy;

race;

religious or political beliefs or activity;

sex;

sexual orientation;

personal association with someone who has one of these characteristics.

Sexual harassment

It is also unlawful for anyone involved in providing or seeking accommodation to sexually harass anyone else, including tenants or prospective tenants, owners or their representatives, real estate agents and staff, building managers, janitors or caretakers.

Victimisation

It is unlawful to victimise someone because they have made or intend to make an allegation or complaint of unlawful discrimination or sexual harassment or give related evidence or information.

Are there any exceptions?

A person may discriminate in deciding who may share their own home with them or their relatives.
Accommodation may be refused to a person with a disability, or on the basis of pregnancy or physical features, if that discrimination is reasonably necessary to protect the health, safety or property of any person, including the person discriminated against.
Accommodation may be refused if the premises are to be used for licensed commercial sexual services.
Accommodation may be refused if the premises are for the welfare of persons of a particular sex, age, race or religious belief.
Accommodation provided by educational authorities may cater specifically for students of a particular sex, race, religious belief or age, or for students with disabilities.

Can you refuse to rent to people with children?

Normally, an agent or landlord cannot refuse to rent a property to a prospective tenant because they have a child under 18 years of age living with them. The agent or landlord can only refuse to rent a property for this reason when:

the premises are usually the landlord’s own home, or a relative’s; or
the premises are not suitable for children because of their design or location.

Under the Victorian Residential Tenancies Act a prospective tenant can make an application to the Victorian Civil and Administrative Tribunal if a landlord or agent says the premises are unsuitable for children and the prospective tenant disagrees.

Can someone with a disability make changes to rental accommodation?

A person with a disability can make reasonable alterations to accommodation to meet his or her special needs if:

the tenant pays for them;
they do not require any alterations to the premises of another occupier;
restoring the accommodation to its previous condition is reasonably practicable in the circumstances;
the tenant agrees to restore the accommodation to its previous condition before leaving and it is reasonably likely that the tenant will do so.

In some cases a property owner may be required to make adjustments to premises to accommodate a person with a disability, but only where this would not cause the owner ‘unjustifiable hardship’. To determine whether ‘unjustifiable hardship’ would be caused all the circumstances must be considered, including any benefit or detriment the adjustments may cause, costs involved and the financial circumstances of the owner.

Are guide dogs covered by a 'No Pets' rule?

No. It is against the law to refuse accommodation to a person with a visual, hearing or mobility impairment because that person has a guide dog. It is also unlawful to require that the dog be kept elsewhere or to charge extra for the dog. This does not affect the liability of the person with the guide dog for any damage caused by the dog.

Who is responsible if an Equal Opportunity complaint is lodged?

Anyone who discriminates or sexually harasses in providing accommodation can be held liable if an equal opportunity complaint is lodged. This can include individuals, their employers and anyone who may have authorised or assisted the behaviour. This means that if a landlord’s instructions to a real estate agent are discriminatory, or potentially discriminatory, the landlord could well be found liable if a complaint is lodged.

What happens if a real estate discriminate without the landlords knowledge?

If the real estate agent discriminated without authorisation from the landlord, then the landlord would not be found liable.

What happens if a complaint is made to the Equal Opportunity Commission?

The Commission’s complaint resolution process deals with all complaints confidentially, impartially and at no charge to either party.

Conciliation

The Commission may hold a conciliation conference with the relevant parties. The aim of conciliation is to assist the parties to arrive at a private and confidential settlement.

What might a conciliation settlement include?

The conciliation settlement negotiated by and agreed to by the parties may include:

an agreement to provide or renew accommodation;
an apology;
financial compensation, for example, lost wages, medical expenses, hurt and humiliation;
an undertaking to change the agency’s policies or procedures and to provide training to management and staff.

What if the complaint doesn’t settle at conciliation?

If the complaint is not settled at conciliation, the person who made the complaint can have it referred to the Victorian Civil and Administrative Tribunal. The Tribunal holds public hearings and any decision made will be a matter of public knowledge and reportable in the media. If the Tribunal finds the complaint proven, it may make a wide range of orders including requiring the landlord or agency to stop breaching the law, initiate equal opportunity programs and/or pay compensation.

Where can I find out more?

For more information about your rights and responsibilities under the Equal Opportunity Act, contact:

Victorian Equal Opportunity Commission

Level 3, 380 Lonsdale Street, Melbourne VIC 3000, Tel: (03) 9281 7111, Toll free: 1800 134 142, Fax: (03) 9281 7171, Email: eoc@vicnet.net.au

The Real Estate Institute of Victoria Ltd

335 Camberwell Road, Camberwell VIC 3124, Tel: (03) 9205 6666, Fax: (03) 9205 6699, Email: reiv@reiv.com.au, www.reiv.com.au

The funding for this policy was approved by the Minister for Consumer Affairs and applied from the Estate Agents’ Guarantee Fund. September 2000