Fighting Rental Discrimination: Your Rights and How to Take Action

Discrimination in Australian rental markets remains widespread despite legal protections. Discrimination means treating someone unfairly because they belong to a particular group of people, affecting countless tenants seeking homes.

Protected Characteristics

It is against the law to discriminate against people for any of the above reasons but only in certain circumstances. It is unlawful for a landlord or real estate agent to discriminate against you: when rental accommodation is advertised based on:

Race or ethnicity
Disability
Age
Gender identity
Sexual orientation
Marital status
Parental status

Recent Research Findings

An Australian survey of private renters, commissioned by Choice, National Shelter and the National Association of Tenant Organisations found that 50% of tenants have experienced discrimination in the private rental sector, including:

23% for having pets
17% for receiving government payments
14% based on age
10% for having children

Illegal Practices

When you enquire about the availability of advertised accommodation (e.g. an agent refuses to show a vacant rental property to two unmarried women). Other violations include:

"No DSS" advertisements
Refusing applications from families
Higher bonds for certain groups
Different lease terms based on protected characteristics

Taking Action

If you believe you have been discriminated against, you can make a complaint to the Anti–Discrimination Board of NSW (ADB) or the Australian Human Rights Commission (AHRC).

Time limits apply:

12 months for state anti-discrimination bodies
6 months for federal complaints

Building Strong Cases

Document discrimination through:

Screenshots of discriminatory ads
Recording phone conversations (where legal)
Written correspondence
Witness statements
Pattern evidence across multiple properties

Available Remedies

Financial compensation
Public apologies
Policy changes
Training requirements
Injunctions against future discrimination

References