What is HAP discrimination in housing?
The Housing assistance ground includes housing assistance payment (HAP), rent supplement or another social welfare payment.
Protection from discrimination on the ‘housing assistance’ ground applies to accommodation only and does not extend to the provision of goods and services, educational establishments or clubs under the Acts.
The general rule is that there can be no discrimination on the Housing Assistance Payment ground in relation to:
- disposing of any estate;
- terminating a tenancy;
- providing accommodation or, any accommodation related services or amenities; or
- ceasing to provide accommodation.
The premises or, accommodation must be available to the public generally or a section of the public.
Who can you complain to?
Complaints under the Employment Equality Acts and the Equal Status Acts are made to the Workplace Relations Commission (WRC).
The WRC deals with claims related to employment and to services or goods, including education, housing, membership clubs and certain cases relating to pubs.
Note that there are very strict timeframes to complain.
What law protects you against discrimination in housing?
The Equal Status Acts protect you against discrimination in housing.
The ESA bans discrimination, harassment and sexual harassment in the sale or provision of goods and services, housing services and access to education.
In particular, landlords (and their agents) cannot discriminate against a tenant on any of the protected grounds when they are:
- Letting a property, including choosing a tenant or inviting them to view the home
- Ending a tenancy
- Providing services such as repairs
- Dealing with people who get housing assistance payments (HAP) or other forms of social security
- Advertising their property
What does housing discrimination look like?
Discrimination may take the form of landlords or letting agents:
- refusing to let you look at the property
- refusing to rent the property to you
- refusing to accept rent supplement or housing assistance payments
- refusing to complete the necessary forms to enable you to receive rent supplement or housing assistance payments
- including discriminatory terms or conditions in leases or other tenancy agreements, whether written down or spoken
- refusing to renew your lease or other tenancy agreement
- end your lease or other tenancy agreement
- withdrawing services related to property, or making it very hard for you to get these services.
Watch our video below to see some examples of discrimination, learn about your rights and find out how to make a complaint.
Exceptions and Exemptions
Landlords and agents can discriminate in certain circumstances.
These include:
Where the landlord lives in the property, and taking in a lodger would affect their private or family life.
For example, a property owner could refuse to share rooms in their family home with a gay person. But they could not refuse if they were letting out part of the house as a self-contained flat or annexe, rather than sharing it.
Where the accommodation has to be reserved for only one gender to maintain privacy.
For example, a women’s dormitory in a hostel.
It is not discrimination under the Equal Status Acts to reserve any premises or accommodation for the use of persons in a particular category of persons, including for:
- religious purposes;
- refuges;
- nursing homes;
- retirement homes;
- homes for persons with a disability; or
- hostels for homeless persons/or for a similar purpose.
Where a housing authority needs to arrange accommodation for specific groups of applicants based on any of six criteria:
- Family size
- Family status
- Civil status
- Disability
- Age
- Membership of the Traveller community
For example, a council can legally reserve large houses for families, or wheelchair-accessible flats for people with disabilities.
It is not unlawful to treat persons differently in connection with the provision of accommodation or amenities related to accommodation where the treatment is required by law regulating the provision of accommodation.
The Equal Status Acts do not apply to situations where a person is renting a room in their home (other than a separate and self-contained part) in circumstances where the provision of the accommodation affects the person’s private or family life or that of any other person residing in the home.
Example: If a home-owner found that having a lodger was disrupting their family life, they could ask the lodger to leave.
The Equal Status Acts do not apply to the disposal of goods by will or by gift.
It is not discriminatory for a landlord or other person to refuse to let you rent a property if you cannot afford the market rent.
If you think the landlord is being unfair in setting or reviewing rent, or you have a dispute with your landlord, you can contact the Residential Tenancies Board.
Exemptions on the Housing Assistance Ground
It is not discrimination under the Equal Status Acts for a landlord to make it a condition of the provision of the accommodation that rent supplement is paid directly to the landlord.
What is discriminatory advertising in housing?
The law prohibits a landlord or agent from publishing an ad showing they intend to discriminate.
For example:
- ‘Rent allowance/housing assistance payments not accepted’
- ‘Singles only’
- ‘Over 25s’
- ‘Men only’
- ‘Traditional couples only’
If you have seen an advertisement that shows discrimination, you can report it to us.
We have the power to bring discrimination complaints/cases in our own name before the Workplace Relations Commission (‘WRC’) where it appears that discrimination under the Employment Equality Acts or Equal Status Acts has occurred and it is not reasonable to expect the person who has been the subject of that discrimination to bring a case.
Use this form to report discriminatory advertising to the Irish Human Rights and Equality Commission.
You should report ads as soon as possible, or within 2 months of seeing the ad.
If you require further assistance, we will be happy to accommodate your needs.
Case Study
Grant Project
IHREC v Daft.ie
In 2019, IHREC successfully brought a complaint to the WRC against the property website Daft.ie, arguing that adverts on the website discriminated on ground of housing assistance by containing phrases such as ‘rent allowance not accepted.’
Law: Equal Status Acts
Year: 2019
Daft.ie forced to tackle discriminatory advertising on their website
In 2019, IHREC successfully brought a complaint to the WRC against the property website Daft.ie, arguing that adverts on the website discriminated on ground of housing assistance by containing phrases such as ‘rent allowance not accepted.’ The WRC ordered that Daft.ie stop allowing discriminatory adverts on its website, and that a filter should be developed to identify keywords that could discriminate.
Read more
Have you experienced discrimination for another reason?
Select the ground and area where you have experienced discrimination