Anti-Discrimination Legislation
Posted on 07. Oct, 2009 by Karen Herbert in Legislations & Laws
Q: Can I tell my agent that I do not want to rent to a certain race because I am afraid of the damage it will do to my kitchen because of the way that they cook?
A: Under federal and state anti-discrimination laws, real estate agents cannot accept discriminatory direction from lessors. Both the agent and the lessor are legally liable if complaints are made. It is neither fair nor lawful to pressure an agent to break the law.
When selecting tenants, the only requirements that can be addressed are:
- The number of people suitable to reside in the property
- The tenant must be able to prove that they have and can maintain the weekly rent
- The tenant must be able to prove that they have and can maintain a rental property in a clean and tidy condition
Unfair discrimination happens if you treat someone less favourably simply because of their sex, age, race, nationality, marital status, the fact that they have children, sexual preferences, disability or impairment, pregnancy, religion or political beliefs.
You do have the right to choose the most suitable tenant provided no unfair discrimination occurs.
Karen Herbert is the Principal of Position One, based in Brisbane, Australia. For further information or help with renting out and managing your property, please visit the Position One website.
