Submission: Anti-Discrimination Act Review

The NSW Law Reform Commission is currently undertaking a review of the Anti-Discrimination Act 1967 NSW. The Tenants' Union participated in a stakeholder consultation meeting and submitted a submission highlighting some of the key issues and barriers renters in NSW face in relation to discrimination and in taking legal action against discrimination in the rental system.

In the private rental system in NSW renters face discrimination in all aspects of the interaction with the system. From the point of applying to rent a home through to eviction. The power imbalance that exists between renters and landlords and real estate agents means it is very difficult for renters to have access to information to establish grounds of discrimination. With a shortage of social and affordable housing and the failure of the private rental system to meet the needs of very low, low and medium income households, more people are living in shared accommodation, many of which fall outside the coverage of discrimination laws.

Another factor is the increasing use of digital technologies to access housing, manage properties and mediate landlord/agent/tenant relationships. This is an emerging area of influence on the private rental system and has the potential to perpetuate discrimination and needs to be closely monitored and restricted.