What is race discrimination
in housing?
Direct discrimination
Direct discrimination occurs when a person is treated less favourably on racial grounds (including nationality) than another person would be treated in the same or similar circumstances. An example would be where a housing provider refuses to rent a home to someone on the grounds of race, ethnic or national origins. It is usually unlawful, but is allowed if:
- a charity’s lawful aims are to accommodate or help people of a particular race or ethnic or national origin or nationality
- a housing association wants to make provision for a specific group who have a defined housing need, such as for housing with wardens who speak a particular language or hostel accommodation to refugees who have had traumatic experiences, or people who have specific dietary or religious requirements. There must be a demonstrable need and the special provision must be 'proportionate'.
Indirect discrimination
Indirect discrimination 'occurs when a provision, criterion or practice which, on the face of it, has nothing to do with race or ethnic or national origins', and is applied equally to everyone:
- puts or would put people of a certain race or ethnic or national origin at a particular disadvantage when compared with others; and
- puts a person of that race or ethnic or national origin at that disadvantage; and
- cannot be shown to be a ‘proportionate means of achieving a legitimate aim’.
The Equality and Human Rights Commission (EHRC) Code of Practice on housing states very clearly:
'It would be unlawful discrimination if providers of housing were to assume that all people from abroad or all people from a particular racial group were considered ineligible under the relevant legislation, or if they asked only people from particular racial groups to provide proof of their immigration status.' Download this document.
Since housing associations (unlike local authorities) are not legally required to refuse some people on the grounds of their immigration status, if they apply such tests they may be discriminating unlawfully. They can apply necessary tests to ensure they get their rent paid, by, for example, finding out if applicants have enough regular income to pay the rent, and, if not, to ask about benefit entitlement.
It is also unlawful to instruct anyone to discriminate, and this includes those who make or enforce discriminatory policies or procedures, whether or not these are carried out.
Consequences of discrimination
If discrimination has occurred, the person affected may take proceedings in the county court against the individual and the organisation that has discriminated. If the case is won, the court orders compensation to be paid for any losses and a sum for injury to feelings. There is no upper limit on this. The compensation is payable by the individual and/or organisation that has discriminated.
If the discrimination is by a public body, the individual may be eligible for legal aid to pay for legal advice or obtain assistance from the Equality and Human Rights Commission (EHRC) to seek a judicial review of the actions of the public body. The EHRC may also issue a compliance notice against the body. This also applies where a public body has contracted out services.
If there has been pressure to discriminate, for example, by issuing or enforcing discriminatory policies, the Commission may take legal action against the offending body or person.
The Commission also advises and assists people with complaints about racial discrimination.
In some cases, they will offer legal representation for the case to be taken to the county court. In others, they will offer advice about how to proceed with the case and who else may be able to help.
The Commission may decide, as a result of complaints or other information, to conduct a formal investigation into a company or organisation where there is evidence of possible discrimination. If the investigation finds that there has been discrimination, a non-discrimination notice ordering the discrimination to stop and specifying what must be done may be issued. It may last for five years. A report is also issued and published. There have been several formal investigations into local authority allocation and related practices, and two into housing associations.