Discrimination against prospective tenants

In NSW, it is against the law for a landlord or agent to discriminate against a prospective tenant based on:

• race
• sex
• pregnancy
• age
• disability (includes diseases and illnesses)
• marital or domestic partner status
• sexual orientation
• gender identity.

This also means that a landlord or agent cannot apply a rule, policy, practice or procedure that discriminates against a group of people. Examples of this are:

• offering a property on different terms on the basis of any of the characteristics listed above, or requiring a higher than necessary income
• having an across the board 'no pets' policy which also excludes the needs of disabled tenants, such as those with a guide dog
• placing unrealistic or unnecessary restrictions on the number of occupants allowed, which for example, could exclude those who are pregnant
• having an unnecessarily complicated and long application form which may, for example, make it harder for recently arrived migrants to apply.

It is not against the law if the landlord or agent chooses not to rent the property to smokers, tenants with poor tenancy history, or people who have had an issue with rent payments.

Help and support

• Visit the Department of Communities and Justice website for more information about types of discrimination.
• If you have been discriminated against when applying for a rental home help is available.
• There are laws at the Australian, state and territory government levels intended to prevent discrimination.

If you would like to make a complaint about discrimination, please contact Anti-Discrimination NSW.