Anti-Discrimination in Housing
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
Under federal law, it is unlawful to discriminate against someone in housing on the basis of race, colour, national origin, sex, pregnancy, marital status, sexual orientation, gender identity, disability, or age. These protections apply to renting, buying, lending, and access to accommodation services.
A landlord or real estate agent cannot refuse your rental application, set different terms, or evict you because of a protected characteristic. Under the Disability Discrimination Act 1992, landlords must also allow reasonable modifications to a property — such as installing grab rails or ramps — at the tenant's expense, unless it would cause unjustifiable hardship.
Discrimination can be direct (explicitly refusing you) or indirect (imposing a condition that disproportionately disadvantages a group, without a reasonable justification). Both types are illegal.
Complaints are handled by the Australian Human Rights Commission (AHRC). You must lodge your complaint within 12 months of the discriminatory act. The AHRC first attempts conciliation; if that fails, you can take the matter to the Federal Court or Federal Circuit and Family Court.
When does it apply?
- You are applying to rent a property and are rejected or treated unfairly because of a protected attribute.
- You are a current tenant facing different terms, conditions, or eviction linked to a protected attribute.
- You are buying property and denied access to services such as mortgage lending on a discriminatory basis.
- You have a disability and are denied a reasonable modification to your rental property.
What should you do?
- Document everything — save emails, text messages, listings, and written communications that show discriminatory treatment.
- Lodge a complaint with the AHRC online at humanrights.gov.au or by post within 12 months of the incident.
- Contact a community legal centre for free advice — many specialise in discrimination cases.
- Request reasonable modifications in writing if you have a disability, and keep a copy of the request and the landlord's response.
What should you NOT do?
- Don't delay your complaint — the 12-month time limit is strict, and late complaints may be declined.
- Don't assume indirect discrimination is legal — rules that look neutral but disproportionately affect a protected group are unlawful unless justified.
- Don't retaliate against a landlord or agent in ways that could weaken your legal position. Use the formal complaint process.
- Don't accept verbal excuses — if you suspect discrimination, ask for reasons in writing so you have evidence.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.