Discrimination in the rental of housing

Discrimination for rent is the fact, for the owner of a dwelling or his representative (example: real estate agent), to choose a tenant by rejecting the candidacy of one or more persons on the basis of unfair criteria and prohibited by law.

Certain criteria should not be used to choose a tenant. These are the following reasons:

• Origin
• Sex
• Family status
• Pregnancy
• Physical appearance
• Particular vulnerability related to the economic situation
• Name
• Place of residence
• State of health
• Loss of autonomy
• Disability
• Genetic characteristics
• Morals
• Sexual orientation
• Gender Identity
• Age
• Political opinions
• Trade union activities
• Quality of whistleblower
• Quality of facilitator of whistleblower or a person in connection with a whistleblower
• Spoken language (ability to express oneself in a language other than French)
• Ethnicity
• Nation
• Presumed breed
• Religion 

To select a tenant from among the candidates, the landlord or his representative (example: real estate agent) must be based on objective criteria (for example, the financial situation of the candidate).

To make a choice, the landlord or the person representing him/her may ask the candidate for elements to prove his/her identity, professional situation and resources. For example, it could be an ID, an employment contract and a pay slip.

Nevertheless, it is impossible to claim certain private documents such as a statement of account or a marriage contract.

There is another situation in which the landlord may dismiss an applicant without this being considered discrimination. Indeed, the landlord may refuse the application of a person who wishes to pursue a professional activity within a dwelling.

If you are a victim or witness of discrimination, you can drop a handrail. It is advisable to gather as much evidence as possible to demonstrate this offense.

As a victim, you can contact an anti-discrimination association. This association can help you in your efforts: it can help you to establish a case against the perpetrator of the discrimination and refer you to professionals (Defender of Rights, lawyers, psychologists, etc.).

Some associations may also file a civil suit in your place, provided you have given them your consent. This civil party constitution aims to defend your rights to be compensated.

Associations that have been regularly declared for more than 5 years may bring civil actions when they pursue a specific objective:

• They fight the racism or assist victims of discrimination based on their national, ethnic, racial or religious origin
• They combat discrimination based on sex, morals, sexual orientation or gender identity
• Their purpose is to defend or assist sick, disabled or elderly people.

If you are a victim or witness of discrimination, you may for free the Defender of Rights by phone or online.

Referral to the Defender of Rights can lead to 3 solutions:

• A mediation : appointed by the Defender of Rights, the Ombudsman hears the persons concerned. Mediation may not exceed 3 months, renewable 1 time.
• A transaction : the Defender of Rights proposes to the perpetrator one or more sanctions (payment of a fine, compensation of the victim, publicity of the facts). In case of agreement, the transaction must be validated by the public prosecutor.
• A legal action :: if the Defender of Rights is aware of facts of such a nature as to constitute offense or if the author refuses the settlement, the Defender of Rights refers the case to the public prosecutor.

If you have been refused accommodation on a discriminatory ground, you may lodge a complaint against the discriminator (for example, the owner or the real estate agent representing him).

If the perpetrator represents a legal person, you can also implicate. For example, you can challenge the real estate agency if its manager has committed discrimination.

The complaint triggers a police investigation. This investigation may be followed by a possible judgment of the perpetrator of the facts by the criminal court.