Can I take action if my landlord treats me poorly because my family moved here from overseas?

The situation

I am writing to seek some guidance regarding a situation with my rental property in Victoria. I moved into a two-bedroom apartment in Melbourne on 15 January 2023, paying a bond of $2,400 and a weekly rent of $550. Everything was fine for the first year, but since my brother arrived from overseas on 10 February 2024 to stay with me for a few months, the landlord's behaviour has changed significantly. Last week, the property manager sent me a formal notice stating they would not be renewing my lease when it expires in March, claiming they want 'someone more settled in the community.' When I tried to discuss this politely via email, they mentioned that they prefer tenants who have been in Australia for a long time and don't have family members constantly arriving from abroad. I have already spoken to my local tenants' union, but they were a bit vague about whether this counts as illegal treatment. I am worried that I am being targeted specifically because my brother is a recent immigrant and my family's background is being used against me. Is it against the law for a landlord to refuse to renew a lease or treat a tenant differently just because their relatives are immigrants?

Detailed Analysis

Based on the details you provided, your landlord or property manager may be acting unlawfully. Under the Racial Discrimination Act 1975, it is illegal to treat someone poorly regarding housing because of their race, national origin, or because a relative is an immigrant^[1].

Specifically, the law states it is unlawful for a person acting as an agent (like your property manager) "to terminate any estate or interest in land of a second person or the right of a second person to occupy any land or any residential or business accommodation; by reason of the race, colour or national or ethnic origin of that second person or of any relative or associate of that second person"^[1]. This means that if the decision not to renew your lease in March is driven by the fact that your brother is a recent immigrant, it violates this section.

Furthermore, the law explicitly extends these protections to include the status of your family members. The Act has the effect it would have if there were added words such as "or by reason that that other person or any relative or associate of that other person is or has been an immigrant"^[2]. This means the law protects you from being targeted because of your brother's immigrant status, even if you yourself are not being directly accused of anything.

While the landlord's comments about wanting someone "more settled in the community" and their preference for people who have been in Australia a long time strongly suggest discrimination based on immigrant status, a legal conclusion depends on proving that these specific reasons were the actual cause of the non-renewal. It is possible the landlord will claim a different, non-discriminatory reason for the notice, which would make the case more complex.

Statutory Citations

Related Questions

• Can I sue my employer for unfair treatment because of domestic violence?
• Can a migration agent sue me for sharing news about their disciplinary hearing?
• Can my boss punish me for making a formal complaint about racism at work?
• Can I sue my local small business if they won't honour a refund?
• Can I sue my employer if my manager makes racist comments to me?