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Tenant questionnaires risk ‘racial discrimination’ – Rory Hearne

“It is discriminatory under the Equal Status Act to refuse to let a property to someone based on grounds such as race, ethnicity, sexual orientation, or gender."
Robert Kindregan
Robert Kindregan

21.08 19 Aug 2024


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Tenant questionnaires risk ‘ra...

Tenant questionnaires risk ‘racial discrimination’ – Rory Hearne

Robert Kindregan
Robert Kindregan

21.08 19 Aug 2024


Share this article


The practice of landlords requiring prospective tenants to complete questionnaires can lead to racial discrimination, according to a leading housing expert.

Newstalk researcher Meghan O’Halloran told The Hard Shoulder today that she was recently asked to fill out a lengthy questionnaire before being allowed to view a property for rent.

The questions related to her gender, nationality, and even extended to her favourite book, music, and attitude towards chores.

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Dr Rory Hearne, an assistant professor of social policy at Maynooth University, told the programme that he wasn’t surprised to see this practice happening in Ireland.

“It's down to vulnerability in that there are so few properties available to rent,” he said.

“People feel that they’ll be pushed into doing whatever it takes to secure somewhere to live.”

Issues

He noted that these questionnaires come with a host of issues.

“The Data Protection Commissioner has previously ruled on this, stating that gathering personal information in this way can be problematic,” he said.

“Complaints have been made about the practice of seeking information such as references, tax details, financial details, and proof of identity from numerous potential tenants before making a tenancy offer.

“They ruled that this would not be consistent with the obligations under GDPR to only collect relevant personal data—this is very significant.”

Housing expert Rory Hearne pictured in Marino, Dublin in June 2021 Housing expert Rory Hearne pictured in Marino, Dublin in June 2021. Picture by: PA Images/Alamy Stock Photo/Niall Carson

Dr Hearne also highlighted the potential for discrimination.

“It is discriminatory under the Equal Status Act to refuse to let a property to someone based on grounds such as race, ethnicity, sexual orientation, or gender,” he said.

“We do have this discrimination occurring, and it also includes socioeconomic grounds, such as discrimination against those whose source of income is social welfare or housing assistance payments.”

Unnecessary details

He questioned the rationale behind asking for details on nationality or race before a property viewing.

“If you’re asking for these details, the question is why—other than to have a screening process to rule people out based on those characteristics.

“We have seen action from the Workplace Relations Commission, where cases of racial discrimination in housing have been adjudicated.”

Market regulation

Dr Hearne criticised Ireland’s lack of a “properly regulated” rental housing sector.

“We have landlords complaining, saying, ‘It’s all more regulation.’

“But if you look at most other European countries, Ireland is a Wild West in comparison when it comes to tenant protections and what landlords are required to do.”

“It’s accepted in Europe that tenants have rights, whereas we don’t have that history here,” he added.

You can listen back here:

Main image: A young girl is tasked with a questionnaire at her home. Image: Valerii Honcharuk / Alamy Stock Photo


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