Government moving to end rent supplement tenant ‘discrimination’

Landlords refusing accommodation are not breaking current law

Minister of State for equality Aodhán Ó Ríordáin. File Photograph: Eric Luke/The Irish Times
Minister of State for equality Aodhán Ó Ríordáin. File Photograph: Eric Luke/The Irish Times

Minister of State for equality Aodhán Ó Ríordáin has said Government is moving to prohibit discrimination against tenants in receipt of rent supplement.

Mr Ó Ríordáin said legislation would be amended to ensure people seeking to rent accommodation were not disadvantaged because they are in receipt of certain social welfare benefits.

“It is a common practice for advertisements in relation to rental accommodation to say that rent supplement is not accepted. This practice has a harmful effect on persons seeking to rent accommodation,” he said.

Rent supplement is paid to people living in private rented accommodation who cannot provide for the cost of their accommodation from their own resources.

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The amount of rent supplement provided is calculated to ensure that income after paying rent does not fall below a minimum level.

Amendments to the Employment Equality (Amendment) (No 2) Bill, which is currently before the Seanad, are due to be published in the current parliamentary term “and the Bill enacted shortly”, according to Mr Ó Ríordáin.

He said he hoped this would end discrimination against people in receipt of a housing assistance payment, rent supplement, or other social welfare payment.

Currently, the refusal by some landlords to accept tenants solely on the basis that they are in receipt of rent supplement is not in breach of legislation.

The Equal Status Acts 2000 - 2012 outlaws discrimination in the provision of goods and services on nine specified grounds, and these grounds do not include income source.

The Acts will be amended to prohibit discrimination in relation to residential tenants, or prospective tenants, on the basis that they are assisted with their rent through rent supplement or social welfare payments.

The Department of Justice is preparing amendments. Once they are approved by Government, they will be published as amendments to the Employment Equality (Amendment) (No 2) Bill.

Community welfare service staff have discretionary power to exceed rent supplement limits in areas where rents have increased significantly and where tenants may be at risk of losing their home.

Social campaigner Fr Peter McVerry, speaking towards the end of last year, said rent supplement in urban areas was totally inadequate.

Focus Ireland criticised Tánaiste and Minister for Social Protection Joan Burton’s indication that rent supplement rates would not be increased.

However, the Peter McVerry Trust’s chief executive Pat Doyle said he wanted to “wholeheartedly welcome” Mr Ó Ríordáin’s announcement.

“In essence we have had a situation where the poor and vulnerable were being excluded from private rental accommodation,” Mr Doyle said.

“When this new proposal comes into affect we need rigorous enforcement in order to ensure it works. We hope that property owners who refuse to accept social welfare recipients are held to account for breaching the new legislation.”

Mary Minihan

Mary Minihan

Mary Minihan is Features Editor of The Irish Times