Discrimination in the Rental Market

It is prohibited to discriminate against a prospective tenant or tenant based on one or more of the following criteria: 

• gender (including pregnancy, childbirth, breastfeeding, maternity, adoption, medically assisted procreation, medical or social transition, gender identity, gender expression, sex characteristics, paternity, comaternity, co-paternity, co-parenthood)
• perceived race
• colour
• ancestry
• nationality
• national or ethnic origin
• social origin or condition
• family responsibilities (including single parenthood)
• age
• residency status
• sexual orientation
• marital status
• birth
• wealth
• religious or philosophical belief
• political opinion
• trade union membership
• language
• health status (past, present or future)
• disability
• physical or genetic characteristics.

The ban on discrimination applies to every stage of the sales or rental process.

Here are some typical examples of housing discrimination:

• a landlord or real estate agent has refused you housing or has not followed up on your application for a discriminatory reason (see criteria above).
• you have seen a discriminatory property ad (e.g. "PCSW beneficiaries need not apply", "unemployed people need not apply", "expired employment contract", "expired permanent contract", "housing reserved for men/women/people without children", etc.) on the Internet, in the newspaper, on a poster, on a social network, etc.
• as a prospective tenant, you have been asked to provide information or documents that exceed what a landlord can request.
• after the lease has been signed, it is considered discriminatory to break it because the tenant couple is homosexual, or because the tenant has a partner of foreign origin.

The landlord may only request certain information, which is listed in Article 32 of the Code bruxellois de l'égalité, de la non discrimination et de la promotion de la diversité:

1. Before the visit:
   • the surname and first name of the prospective tenant(s);
   • a means of communication with the prospective tenant;
2. In support of the application:
   • the amount of the lessee's financial resources or an estimate;
   • the number of people in the household;
3. For drafting and concluding the lease contract:
   • any document attesting to the lessee's identity and capacity to contract;
   • the lessee's marital status if married or legally cohabiting.

Any information or documents not included in this list cannot be requested.

The Region provides a standardised application form setting out the information and supporting documents that a landlord is authorised to request from a prospective tenant: