Equal Opportunity is governed by the Equal Opportunity Act 1984. 

Key facts and learnings

It is against the law to discriminate based on:

• A personal characteristic or ground specified in the Equal Opportunity Act 1984

• Happens in an area of public life and

• Causes loss or humiliation

Grounds for discrimination are:

• Gender Identity

• Intersex Status

• Sex

• Disability

• Race

• Age

• Marital status

• Identity of spouse/partner

• Pregnancy

• Caring responsibilities

• Association with a child

You cannot directly discriminate or indirectly discriminate.

Therapy animals

it is unlawful for a person to refuse an application for accommodation on or defer an application on the ground that the applicant intends to keep a therapeutic animal at that accommodation ( Section 88A (1) ). A therapy animal is certified by a medical practitioner as being required to assist a person as a consequence of a person's disability.

 A landlord (or PM) cannot discriminate on the prohibited grounds by:

• Deferring an application (waiting for something better to come along)

• Putting the application lower on the list to be approved

• Denying or limiting access to a benefit or facility that is available to other tenants

• Refusing to extend or renew accommodation

• Evict a tenant based on the prohibited grounds

• Subject the tenant to any other detriment (including humiliation or denigration)

Discrimination for children comes under the Equal Opportunity Act 1984 and Residential Tenancies Act 1995 and both have penalties. This includes the number of children and the ages of the children.

Giving references

• Stick to the facts

• Avoid opinions and emotions (rude/tidy/neat)

• When stating a fact, ensure that it can be backed up with evidence

• Keep is short, simple and neutral

• Comment only on their capacity as a tenant

• Keep in mind all written references can be obtained by the tenant so always write them as if the tenant could read them.

Receiving references

• Base your opinion on the facts relating to the applicant’s capacity as a tenant

• The tenant has an opportunity to rebut any facts put forward by the previous property manager or landlord and should be given the opportunity to do so.

• Never base a decision on something that cannot be proven

What not to ask

• Any questions that do not relate to their capacity as a tenant (how they are to deal with) emotive and based on someone else’s opinion

• Do not ask them to be rated on a scale of 1-10

• Do not ask if you would rent to them again (emotive/opinion)

Magain City Realty Application Policy

A tenant selection policy is placed to avoid the tenant being able to claim that they were discriminated against.

Our policy covers:

• Affordability % does not exceed 30%

• Application is complete along with all supporting documents

• Employment history and payslips have been provided or income statements where unemployed or receiving benefits.

• If supported by family, a bank statement is provided showing regular deposits

• No form 2’s served for rent arrears in the past 12 months resulting in termination

• References not completed using the same IP address (unless can be explained)