Housing & Housing Assistance Payment Discrimination
Discrimination on the ‘housing assistance ground’ occurs where there is less favourable treatment of one person compared to another in the provision of accommodation, because one person is in receipt of rent supplement, housing assistance or any social welfare payment and the other is not.
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.
What should I look out for in housing discrimination?
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.
What can I do about discriminatory housing advertising?
It is prohibited to publish, display or cause to be published or displayed an advertisement which indicates an intention to discriminate or might reasonably be understood to indicate such an intention.
The Irish Human Rights and Equality Commission has the power to refer a complaint of discriminatory advertising to the Workplace Relations Commission (the ‘WRC’) for adjudication. The WRC is the quasi-judicial body established to investigate, mediate, hear and decide claims of discrimination.
Advertisements that contain any of the following phrases may indicate an intention to discriminate on the housing assistance ground –
- ‘rent allowance/housing assistance payments not accepted’;
- ‘professionals only’;
- ’would suit professionals’;
- ‘work/professional references required’.
If you see a discriminatory advertisement you can let us know by filling out this form.
What if I can’t afford my rent?
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.
What's covered?
The Equal Status Acts 2000–2018:
- promote equality;
- prohibit certain kinds of discrimination (with some exemptions) across a number of specified grounds (Age, Civil Status, Disability, Family Status, Gender, Housing Assistance Payment, Membership of the Traveller Community, Race, Religion, Sexual Orientation);
- prohibit sexual harassment and harassment across a number of specified grounds;
- prohibit victimisation;
- require reasonable accommodation of people with disabilities;
- allow a broad range of positive action measures.
The Equal Status Acts also implement the following two EU Directives – the Race Directive and the Gender Goods and Services Directive.
How do I know if I’m being unfavourably treated?
Different types of discrimination are prohibited under the Equal Status Acts, these include:
Direct discrimination
This is defined as the treatment of a person in a less favourable way than another person who is in a comparable situation, because they differ on any of the nine grounds described above. This is a difference which:
- exists;
- existed but no longer exists;
- may exist in the future; or
- is imputed to the person concerned (this occurs where a person is labelled as differing under the specified grounds even though this is not the case).
Discrimination by association
This occurs when a person who associates with another person is treated less favourably because that other person differs under any of the specified grounds.
Indirect discrimination
This happens where an apparently neutral provision, criterion or practice which appears unproblematic at first sight, puts a person who differs under any of the specified grounds at a particular disadvantage, compared with another person. This provision, criterion or practice will not amount to discrimination where it is demonstrated that:
- the provision, criterion or practice is objectively justified by a legitimate aim; and
- the means of achieving that aim are appropriate; and
- the means of achieving that aim are necessary.
Procuring discrimination
It is an offence under the Equal Status Acts to procure or attempt to procure another person to engage in discrimination, harassment or sexual harassment.
What responsibilities do service providers have?
Positive action
The Equal Status Acts allow for taking of positive measures (or preferential treatment) which are legitimately intended to:
- promote equality of opportunity for disadvantaged persons;
- cater for the special needs of persons, or a category of persons who because of their circumstances, may require facilities, arrangements, services or assistance.
In addition, the Equal Status Acts allow for the imposition of a reasonable preferential fee, charge or rate in respect of anything offered or provided in respect of families, married couples, older or younger persons, or persons with a disability.
Vicarious liability
Employers are liable for discriminatory acts of an employee in the course of his or her employment.
It is not a defence if the act was done without the employer’s knowledge or approval unless they can prove that they took reasonably practicable steps to prevent the conduct.
It is a defence if an employer can show that reasonable practicable steps were taken to prevent the employee from doing the act, or acts of that description.
Anything done by a person as agent for another person, with the authority (whether express or implied) of that other person shall be treated as if it was done by that other person.
What can I do if I’m being harassed or sexually harassed?
Harassment and sexual harassment
Sexual harassment and harassment in the provision of goods and services is prohibited. A person (‘the harasser’) shall not harass or sexually harass another person (‘the victim’) who seeks to use goods or services provided by the harasser.
What is harassment and sexual harassment?
Harassment is any form of unwanted conduct related to any of the specified grounds. Sexual harassment is any form of unwanted verbal, nonverbal or physical conduct of a sexual nature.
In both cases, it is conduct which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
In both cases, the unwanted conduct may include acts, requests, spoken words, gestures or the production, display or circulation of written words, emails and social media, text messages, pictures, or other material.
A person’s rejection of, or submission to, sexual or other harassment may not be used by any other person as a basis for a decision affecting that person.
Who is a responsible person?
A person who is responsible for the operation of any place where goods, facilities or services are offered to the public is defined as a ‘responsible person’.
The ‘responsible person’ must ensure that any person who has a right to be there, is not sexually harassed or harassed. It shall be a defence for the responsible person to prove that he or she took steps as are ‘reasonably practicable’ to prevent the sexual harassment or harassment for occurring.
What if I am retaliated against for making a complaint?
Victimisation
It is victimisation if a person is threatened or treated badly because they make a complaint about discrimination in relation to the provision of goods and services. Victimisation is against the law.
For example, it is victimisation if you are threatened or treated badly because:
- you make a complaint of discrimination against a service provider;
- you have been involved in a discrimination case at the Workplace Relations Commission;
- you helped someone else to make a claim;
- you were involved as a witness in a discrimination case at the Workplace Relations Commission;
- you have taken a discrimination claim to court;
- you have told a service provider that you intend to do any of the things mentioned in this list.
What's not covered?
There are several significant exemptions in the Equal Status Acts that apply to the provision housing and accommodation.
These exemptions should be read restrictively and should not be allowed to limit unduly the general prohibition on discrimination.
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.
Exemptions for particular categories of persons
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.
Exemptions on all grounds
Law regulating the provision of accommodation
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.
A person’s home
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.
Wills/gifts
The Equal Status Acts do not apply to the disposal of property by will or by gift.
Other general exemptions
Action required by or under law
A general exemption provides that nothing in the Equal Status Acts shall prohibit the taking of any action that is required under:
- statutory provision or court order;
- any act done or measure adopted by the EU; or
- any international treaty which imposes an obligation on the State.
Only actions that are mandatory are covered. Where the measure leaves some discretion the anti-discriminationn provisions do apply.
Risk of criminal or disorderly conduct
A provider of goods or services, or a person providing accommodation or related services, can refuse a service or accommodation to a person if a reasonable individual, having the knowledge and experience of the provider, would form the belief that the provision of service or accommodation to
the customer would produce a substantial risk of criminal or disorderly conduct or behaviour, or damage to property in or around the area where the service or accommodation is provided.
Certain nationals of other countries
Public authorities can treat certain nationals of other countries differently, on the basis of their nationality, who are outside the State or unlawfully present in it (for the purposes of the Immigration Act 2004) or in accordance with any provision or condition made by or under any enactment, and arising from his or her entry to or residence in the State.
Clinical judgment
Treating a person differently does not constitute discrimination where a person is treated differently solely in the exercise of a clinical judgement in connection with a diagnosis of illness or her/his medical treatment.
Capacity to enter into a contract
Treating a person differently does not constitute discrimination if a person is incapable of entering into an enforceable contract or, is incapable of giving informed consent and for that reason the treatment is reasonable.
Case Studies
“HAP doesn’t suit me” – Renting on Housing Assistance Payment
| Case | A Tenant v. A Letting Agent |
|---|---|
| Topic | The woman was offered the tenancy of a property. However when she advised the letting agent that she would be paying the rent through the Housing Assistance Payment (‘HAP’) scheme, she was informed that this would not suit the landlord. |
| Outcome | The woman made her complaint to the WRC. Resolved through mediation. The letting agent agreed to pay compensation, make a donation to charity, provide equality training to its staff, and draft and publish on its website an equality policy and equality statement. |
| Law | ESA |
| Year | 2019 |
“I don’t take social welfare” – Renting on Housing Assistance Payment
| Case | A Prospective Tenant v. A Landlord |
|---|---|
| Topic | Faced with imminent homelessness, the man responded to an online advert for a rental property. In response to a written question from the landlord, he advised that the property would be for him and his family and that the rent would be paid by HAP. The landlord replied, “I don’t take social welfare, sorry about that.” |
| Outcome | The man submitted his complaint to the WRC. In its decision, the WRC ordered the landlord to pay €4,000 in compensation. |
| Law | ESA |
| Year | 2019 |
“Looking for professionals only” – Renting on Housing Assistance Payment
| Case | A Tenant v. A Landlord |
|---|---|
| Topic | The woman contacted a landlord to arrange a viewing of a rental property. The landlord questioned whether she was in full-time employment. The woman responded that, currently, she was not, but she was in receipt of HAP and she further indicated a willingness to pay an extra rent top-up of €100 per month. She received a reply stating the landlord was “looking for professionals not on the HAP scheme.” |
| Outcome | The WRC ruled that the landlord’s preference for non-HAP tenants was discriminatory. It ordered the landlord to pay a total of €750 in compensation to the woman. |
| Law | ESA |
| Year | 2019 |
Discrimination and harassment and the Housing Assistance Payment
| Case | A Tenant v. a Landlord |
|---|---|
| Topic | In this case, a tenant asked their landlord to sign a HAP form following an unexpected reduction in their income. The landlord refused to sign the form, putting the tenant’s family at risk of homelessness. The tenant informed the landlord that refusing to accept HAP was discriminatory. The landlord issued a notice of termination of the lease in response. The tenant applied to the Commission for legal assistance, the Commission referred a complaint to the WRC on her behalf. |
| Outcome | The landlord did not attend the WRC hearing and the complainant was awarded €3,500 for discrimination and €2,000 for harassment. |
| Law | ESA |
| Year | 2018 |
Renting and Membership of the Traveller Community
| Case | An Applicant v. A Limited Company |
|---|---|
| Topic | The Commission provided legal representation to a woman in her successful challenge of discrimination under the ESA’s housing assistance ground in the provision of accommodation. The case focused on the woman’s experience in viewing and seeking to confirm a property for rental in March 2016. In their exchanges about the property, the woman informed the estate agent that she was in receipt of rent supplement. The estate agent requested to speak to the woman’s Community Welfare Officer(‘CWO’) and, in exchanges, stated that he would not be willing to hold the property while the woman’s application for rent supplement was being processed, nor guarantee her the property |
| Outcome | In November 2017 the Workplace Relations Commission (‘the WRC’), determined that the woman had been directly discriminated against on the housing assistance ground, and ordered €2,500 in compensation to be paid. The WRC also instructed that all employees acting as the company’s estate agents are to be provided with the proper appropriate training in relation to all provisions of the ESA. |
| Law | ESA |
| Year | 2017 |
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What's next?
Make a complaint to the Workplace Relations Commission
The Workplace Relations Commission (WRC) is the body that hears discrimination complaints under Ireland’s equality laws. The WRC deals with both employment and service/goods related claims. There is no fee to bring a case to the WRC and complaints can be made online.
Learn more about the WRC process
Contact us
We, the Irish Human Rights and Equality Commission, have a statutory role to fight discrimination and provide information on equality and human rights in Ireland. Please note however that we are not a court and we do not decide on discrimination claims.
Learn more about how to contact us
Contact another organisation
You may find that another organisation could better help you with your issue.
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Employment rights / Equal treatment in services
Workplace Relations Commission
Information and Customer Services (ICS), formerly known as Workplace Relations Customer Services, is responsible for the provision of information relating to employment rights, equality and industrial relations matters by means of a telephone call-in service manned by experienced Information OfficersInformation and Customer Services
Workplace Relations Commission
O’Brien Road
Carlow
R93 E920
Phone: 059 9178990 | Lo-call: 1890 80 80 90 * (09.30 - 17.00, Monday to Friday)
Web: https://www.workplacerelations.ie/en/contact_us/contact-details/
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Social welfare information
Department of Employment Affairs and Social Protection
The Department of Employment Affairs and Social Protection's role is to promote a caring society through ensuring access to income support and other services, enabling active participation, promoting social inclusion and supporting families. Please find below a list of contact numbers for services: - DSP Income Support Helpline for people impacted by COVID-19. Tel: 1890 800 024 – Information Services – Tel: 1890 66 22 44 – Free Travel, Household Benefits, State Pension, Domiciliary Care, Widow(er)s Pension, Widowed Parent Grant, Blind Persons Pension - Tel: 1890 500 000 – Carer's Allowance, Carer's Benefit, Disability Allowance, Disablement Benefit, Invalidity Pension, Bereavement Grant - Tel: 1890 927 770 – Supplementary Welfare Allowance - Tel: 071 9157100 – Homemakers - Tel: 1890 690 690 – Respite Care Grant – Tel: 01 6732222 – Illness Benefit, Injury Benefit, Medical Care – Tel: 1890 928 400Áras Mhic Dhiarmada,
Store Street,
Dublin 1
Information Services
College Road,
Sligo
LoCall: 1890 66 22 44
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Social welfare appeals
Social Welfare Appeals Office
The Social Welfare Appeals Office operates independently of the Department of Social Protection. It aims to provide an independent, accessible and fair appeals service with regard to entitlement to social welfare payments and to deliver that service in a prompt and courteous manner. The main role of the Social Welfare Appeals Office is to provide a fair and independent appeals procedure where a person is dissatisfied with a decision given under the Social Welfare Acts by a Deciding Officer or a Designated Person about their entitlement to social welfare payments or the insurability of their employment.Social Welfare Appeals Office D'Olier House,
D'Olier Street,
Dublin 2
D02 XY31 -
Rights and welfare of children
Ombudsman for Children’s Office
The Ombudsman for Children may investigate a complaint made by a child, a family member, or a professional, who has dealings with the child. The bodies that may be investigated by the Ombudsman for Children include Government Departments, the HSE, schools, and public hospitals.Ombudsman for Children’s Office
Millennium House
52-56 Great Strand Street
Dublin 1 -
Unfair treatment by a public body
Office of the Ombudsman
The Office of the Ombudsman examines complaints about the administrative actions of Government Departments; the Health Service Executive; local authorities and various other State agencies. Complaints can be made in relation to a wide range of issues, such as entitlement to public services, taxation, housing, education and social welfare.Office of the Ombudsman
18 Lower Leeson Street
Dublin 2
D02 HE97 -
Private landlord and tenant dispute
Residential Tenancies Board
The Residential Tenancies Board is an independent statutory body which provides a dispute resolution service for landlords and tenants.Residential Tenancies Board
PO Box 47
Clonakilty
Co Cork -
Support for housing rights
Threshold
Threshold's mission is to prevent homelessness and to campaign for housing as a right by providing independent advice and advocacy to vulnerable people.Threshold
21 Stoneybatter,
Dublin 7
Phone: 1800 454 454
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Homelessness and social housing
Mercy Law Resource Centre
Mercy Law Resource Centre is an independent law centre, registered charity and company limited by guarantee, which provides free legal advice and representation to people who are homeless or at risk of becoming homeless in the areas of social housing and related social welfare law.Mercy Law Resource Centre
25 Cork St,
Dublin 8,
IrelandEmail: info@mercylaw.ie
Phone: +353 (0)1 453 7459
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Homelessness
Dublin Region Homeless Executive
The Dublin Region Homeless Executive is provided by Dublin City Council in the response to homelessness in Dublin. The DRHE provides a complaints procedure, which sets out the process to address complaints and appeals from service users, funded services and the Ombudsman in relation to Homeless Service Provision under the remit of the DRHE. -
Homelessness
De Paul
De Paul exist to serve homeless individuals or families, at risk caught in the spiral of homelessness deprived of all control of their lives.DePaul
18 Nicholas Street,
Dublin 8,
D08 VCP7.
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Homelessness
Dublin Simon Community
Dublin Simon Community empowers people to access and retain a home by providing housing, prevention, addiction treatment, emergency response and other targeted interventions, through advocacy and partnership5 Red Cow Lane, Smithfield, Dublin 7
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Vulnerable adults, older people and healthcare patients
Sage Advocacy
Sage Advocacy is a support and advocacy service for vulnerable adults, older people and healthcare patients,Sage Advocacy
24-26 Upper Ormond Quay
Dublin
D07 DAV9
(01) 536 7330 -
Independent living for people with disabilities
Independent Living Movement
Independent Living Movement aims to ensure that disabled people achieve Independent Living Choice and control over their lives and full Participation in society as equal citizens.Independent Living Movement,
Carmichael House, Brunswick St N,
Dublin 7 -
Traveller Community rights
Irish Traveller Movement (ITM)
The Irish Traveller Movement (ITM) is a national network of organisations and individuals working within the Traveller community. The Irish Traveller Movement consists of a partnership between Travellers and settled people committed to seeking full equality for Travellers in Irish society.Irish Traveller Movement,
4/5 Eustace Street
Dublin 2
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Traveller and Roma rights
Pavee Point Traveller and Roma Centre
Pavee Point Traveller and Roma Centremission is to contribute to the improvement in the quality of life, living circumstances, status and participation of Travellers and Roma through working innovatively for social justice, greater solidarity development, equality and human rights.Pavee Point,
46 Charles Street Great
Dublin 1
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Legal advice for Travellers
Traveller Legal Service - FLAC
Traveller Legal Service is run by Free Legal Advice Centres (FLAC), supported by The Community Foundation for Ireland and in cooperation with a Steering Group made up of representation from the national Traveller organisations, it aims to empower Travellers and Traveller groups to engage with the law as a means of combating discrimination and advancing the rights of Travellers in Irish Society. FLAC try to help people to understand and access their legal rights through offering free & confidential legal information and advice to the public, helping thousands of people every year.FLAC (Specific traveller center)
Free Legal Advice Centres,
85/86 Dorset Street Upper,
Dublin 1,
Legal Information & Referral Lines: 1890 350 250
(Lo-call from landlines) / 01-874 5690 (mobiles)Web: https://www.flac.ie/
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Older people
Age Action Ireland
Age Action supports and advocates for equality and human rights for older people in Ireland.Age Action Ireland
10 Gratton Crescent
Dublin 8
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Immigration
Immigrant Council Of Ireland
Immigrant Council Of Ireland provides practical information and advice on all immigration related issues. Its Independent Law Centre supports the most vulnerable migrants, including victims of trafficking, so they can live lives free from oppression.Immigrant Council of Ireland,
2 St Andrew Street,
Dublin 2 -
Children's rights
Children's Rights Alliance
Children's Rights Alliance unites over 100 members working together to make Ireland one of the best places in the world to be a child. Children’s Rights Alliance improves the lives of all children and young people by ensuring Ireland’s laws, policies and services comply with the standards set out in the United Nations Convention on the Rights of the Child.Children’s Rights Alliance
7 Red Cow Lane
Smithfield
Dublin 7
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Community law and mediation
Community Law & Mediation
Community Law & Mediation is a community law centre which provides free legal advice, advocacy and mediation and education services.Northside Civic Centre, Bunratty Road, Coolock, Dublin 17, Ireland
Tel: (01) 847 7804
Email: info@communitylawandmediation.ie
Community Law & Mediation Limerick
Limerick Social Service Centre, Henry Street, Limerick, Ireland
Tel: (061) 536 100
Email: limerick@communitylawandmediation.iePhone: (01) 847 7804
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Legal advice
Free Legal Advice Centres
The Free Legal Advice Centre (FLAC) provide confidential, basic legal advice for free and in person across all areas of law. FLAC offers a network of advice clinics around Ireland and you may be able to identify the most suitable one at the following link: Legal Advice Clinic.Free Legal Advice Centres,
13 Lower Dorset Street,
Dublin 1,
Ireland
Phone: Lo-Call: 1890 350 250
Web: https://www.flac.ie/
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Legal aid
The Legal Aid Board
The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means. Legal advice is any oral or written advice given by a solicitor or barrister, including writing letters and negotiations. Legal aid is representation by a solicitor or barrister in court proceedings. The Legal Aid Board has a number of centers across the country, and the best way to find the one most convenient to you is to contact the Legal Aid Board directly. -
Citizen's Information Centres
Citizen's Information
Citizens Information Centres (CICs) provide free, impartial information, advice and advocacy from more than 215 locations around the country.Find a Citizens Information Centre
https://centres.citizensinformation.ie/Phone: 0761 07 4000
Browse the database of organisations working on human rights and equality issues in Ireland.