Discrimination in the rental market: what does the law say?

What is discrimination in the rental market? What are you allowed to ask as a landlord? Who are you allowed to refuse? For what reason? What is not allowed?

What is discrimination in the rental market?
What are the protected characteristics of discrimination?
When is a choice justified?
What info are you allowed to request as a landlord?
What mandatory information must you provide as a landlord?
What if you experience discrimination?

1. What is discrimination in the rental market?

In theory, the landlord may choose to whom he leases his premises. He must base the choice on relevant criteria by taking into account the principle of equality and prohibition of discrimination. Discrimination in the rental market occurs when a person in a similar situation is treated less favorably than another person without objective justification. The prohibition of discrimination applies throughout the entire rental process. During the placement of the advertisement, the site visit, the drafting of the lease and during the period of the lease. It makes sense that the rental contract should also not contain discriminatory provisions.

1.1. Wat is directe discriminatie?

Direct discrimination occurs when a person is treated, or would be treated, less favorably on the basis of one (or more) actual or assumed, proprietary or by association, protected characteristics. Example of direct discrimination in the rental market: The landlord refuses a prospective tenant because he does not want strangers as tenants.

1.2. Wat is indirecte discriminatie?

Indirect discrimination occurs when an apparently neutral rule, standard or course of action actually disadvantages people with a particular characteristic compared to others. This characteristic may be real or assumed, and it may be one of its own or one attributed to someone by association. Example of indirect discrimination in the rental market: The landlord refuses a prospective tenant because she has pets.

1.3. Wat is onbewuste discriminatie?

Unconscious discrimination occurs when a person unintentionally makes an unjustified distinction based on a protected characteristic. It is not necessary that this person intended to discriminate. What matters is that he/she made a difference that is not justified. Example of unconscious discrimination in the rental market: The landlord refuses a prospective tenant because he has children and he assumes that the children would cause a nuisance. Note: Refusing to perform a modification that makes the home more accessible to someone with a disability is also discrimination.

1.4. Wat is een “opdracht tot discriminatie”?

If you order someone else to discriminate, then you are guilty of discrimination as well as the person performing the conduct. Example of instruction to discriminate in the rental market: The landlord asks the real estate agent to refuse certain persons based on protected characteristics. Or a neighbor asks the landlord to refuse certain persons based on protected characteristics.

2. What are the protected characteristics of discrimination?

According to the Equal Opportunity Decree, you may not choose based on these characteristics:

variety
language
origin
age
birth
disability
power
skin color
nationality
social position
marital status
sexual orientation
political opinions
health condition
faith or philosophy of life
gender identity and expression
physical or genetic property
national or ethnic origin

3. When is a choice justified?

A choice is justified if by doing so you are pursuing a legitimate goal and if the means to do so are appropriate and necessary. This is called “legitimate selection.” Legitimate selection based on ability and disability is possible, but not based on race, color, origin, ethnic or national origin.

3.1. Weigeren o.b.v. vermogen

The landlord may choose the most financially sound prospective tenant, as long as the income is objectively too low in relation to the rent. Note: You may not reject a prospective tenant based on the source of income such as living wage or unemployment benefits.

3.2. Weigeren o.b.v. handicap

The landlord may refuse a reasonable accommodation modification only if the reasonable modification is not possible. A reasonable adjustment is an adaptation to a dwelling (environment) to needs of persons with disabilities, which are practical and financially feasible. In apartment buildings, the general assembly decides on modifications to common areas. Read what modifications make a home accessible in this article. E.g. The landlord refuses an intervention because his/her home is structurally inaccessible. He/she rents an attic room on the top floor of an old apartment building without an elevator.

Discrimination in the rental market based on disability — Image: Woman in wheelchair in elevator

4. What info are you allowed to request as a landlord?

You are not allowed to just request information from your prospective tenant. Below is what info you may request to prevent discrimination in the rental market.

4.1. Vóór het plaatsbezoek

First name and surname
Phone number
Email address

4.2. Tijdens het plaatsbezoek

According to the Data Protection Authority, you may request these things:

First name and surname
Address
Phone number
Mobile number
Fax
Email address
Marital status: married or legally cohabiting
Family composition: number of adults, number of children, age of children, number of pets and type of pets
Financial info: total monthly net income, current rent, references with current landlord
Document with proof of solvency: payroll slip, assessment notice, replacement income, bank statement, …
Document with proof of payment of last 3 months’ rent

You may not ask this (yet):

At closing of lease:
- information regarding the anti-money laundering law.
- date of birth.
Never:
- birthplace.
- judicial record.
- state of health.

Note: An assistance dog does not count as a pet. If the landlord rejects a prospective tenant because he/she has an assistance dog, this is indirect discrimination.

5. What mandatory information must you provide as a landlord?

According to the posting requirement, you must officially and publicly disclose this info:

The fact that you are renting out the property.
the rental price of the housing unit.
common costs and charges.

6. What if you experience discrimination?

There are several steps you can take if you experience discrimination in the rental market. You are not required to follow all steps, but you do have the choice to follow all steps. Please note: The authorities will only sanction your landlord and/or real estate agent if the authority is authorized to do so and if they feel the sanction is justified.

6.1. Stap 1: Bewijs de discriminatie

You may rely on a presumption of discrimination, but gather evidence to support your situation:

Photos
Text messages
Emails
Testimonials
Posts on social media
…

6.2. Stap 2: Doe een melding bij het Vlaams Mensenrechteninstituut

The Flemish Human Rights Institute (VMRI) is an institute committed to equal opportunities for all citizens. These are the contact details:

Address:
Flemish Human Rights Institute
Elips Building
King Albert II Avenue 35
1030 Brussels

Email address: vmri@vlaanderen.be
Website: vlaamsmensenrechteninstituut.be/doe-a-melding

6.3. Stap 3: Ontvang advies van het VMRI

The VMRI will advise you on your options:

Mediation: The VMRI mediates your situation.
Dispute room: Is mediation unsuccessful? Then the VMRI passes your file to the dispute room (with your permission). The dispute room makes non-binding recommendations for your case.
Judicial Process: Are the recommendations of the dispute room not helping? Then take your history (your complete file) to court.

6.4. Stap 4: Leg een klacht neer bij het Beroepsinstituut van Vastgoedmakelijkaars

The Professional Institute of Real Estate Agents (BIV) oversees compliance with the ethical obligations of real estate agents. Here are the contact details:

Address:
Legal Assessor of the BIV
Executive Chamber
Luxembourg Street 16B
1030 Brussels

Email address: uk@biv.be
Website: https://www.biv.be/klachten/tuchtbeslissingen

6.5. Stap 5: Ontvang beslissing van het BIV

The BIV decides:

a warning
a reprimand
A suspension (max. 2 years)
a deletion
mandatory training

Note: The IPI cannot impose a fine or damages.

6.6. Stap 6: Start een juridische procedure bij de rechtbank van eerste aanleg

In a legal action, you may seek a fine or damages from your landlord and/or broker.

As a victim, you are entitled to compensation for material and moral damages.
In addition, the court may impose a penalty payment.

Note: A decision in discrimination proceedings cannot force the landlord to accept the prospective tenant as a tenant.

Not sure how to deal with (anti-)discrimination in the rental market? Get professional help from the Flemish Human Rights Institute.

Sources: City of Leuven, Flemish Human Rights Institute, Flanders

Would you like to cite this article as a source? Then use:

Stiasteny, L. (2024, November 21). Discrimination in the rental market: What does the law say? Apartment.be. Consulted on (date XX/XX/202X), from https://www.appartement.be/discriminatie-op-de-huurmarkt-vlaamse-wetgeving/

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