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You are at: VEOHRC > Types of discrimination > Exceptions and exemptions

Exemptions and exceptions - Accommodation

In some cases, it may be lawful to discriminate when providing:

Accommodation for children

It may be lawful to refuse to provide accommodation to a child under 18 or a person with a child under 18 if the accommodation is unsuitable or inappropriate because of its design or location. Whether or not accommodation was suitable or appropriate would be assessed on the basis of an objective test, not simply the belief of the person refusing accommodation.

This exception is not an excuse to give preference to older tenants or those without children when providing accommodation.

Accommodation for students

An educational institution for students of a particular sex, race, age or age group, or religious belief, or for students with disabilities, may limit any accommodation they provide to students who have the relevant characteristic.

Shared accommodation

It is lawful to discriminate when deciding who may share accommodation in which you (or a relative) live if it is for no more than six other people.

Welfare measures

It is lawful to restrict places in a hostel or other similar accommodation that is provided wholly or mainly for the welfare of people of a particular age, sex, race or religious belief, to people who have the relevant characteristic.

Commercial sexual services

It is lawful to refuse to provide accommodation to a person who intends to use the premises to run a brothel.

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