Housing discrimination in Belgium: illegal criteria, evidence and remedies
Discrimination in rental housing in Belgium is illegal. Criteria protected by law, testing techniques, complaint procedures, sanctions and remedies for victims.
A massive and documented problem
Housing discrimination in Belgium is not a marginal phenomenon. Testing studies conducted by universities and regional bodies reveal alarming figures: according to a ULB/KU Leuven study, a rental candidate of North African origin has 27% fewer chances of being invited to a viewing than a candidate with an identical profile but a Belgian-sounding name.
The legal framework is clear, however. Belgium has a comprehensive legislative arsenal against housing discrimination:
- Federal law of 10 May 2007 aiming to combat certain forms of discrimination
- Regional decrees specific to housing (Brussels, Wallonia, Flanders)
- European Convention on Human Rights (Art. 14)
Despite these provisions, victims rarely file complaints, due to ignorance of their rights or the procedure. This guide aims to remedy that.
According to Belgian academic studies, ethnic origin-based housing discrimination occurs in 20 to 40% of tested cases, depending on the city and property type.
Criteria protected by law
Illegal grounds for refusal
A landlord cannot refuse a rental candidate based on:
| Protected criterion | Examples of discrimination |
|---|---|
| Ethnic origin / nationality | Refusing a candidate with a foreign-sounding name |
| Sex / gender identity | Refusing a single woman or a transgender person |
| Sexual orientation | Refusing a same-sex couple |
| Age | Refusing a young person or an elderly person |
| Health status / disability | Refusing a person in a wheelchair |
| Family composition | Refusing a family with children, single parent |
| Wealth / source of income | Refusing a CPAS/OCMW recipient or unemployed person |
| Religious beliefs | Refusal linked to wearing a headscarf |
| Political beliefs | Refusal linked to political engagement |
Legitimate selection criteria
A landlord can legally select a tenant based on:
- Solvency (sufficient income to pay the rent, regardless of source)
- Property suitability (number of occupants relative to the floor area)
- The desired availability date
- The desired lease duration
To properly select a tenant within the bounds of the law, see our page on the lease agreement and the parties’ obligations.
Testing: proof through experience
The principle
Testing involves sending two similar applications to the same landlord, varying only one criterion (name, family situation, source of income). If the responses differ significantly, discrimination is presumed.
Types of testing in Belgium
- Associative testing: conducted by associations (SOS Racisme, MRAX, Unia) or regional bodies
- Administrative testing: carried out by regional housing inspection services (Brussels, Wallonia)
- Judicial testing: organised as part of legal proceedings, at a lawyer’s request
Evidentiary value
Testing results are admitted as evidence before Belgian courts. They allow activation of the reversal of the burden of proof: it is for the landlord to prove that their refusal was motivated by objective criteria.
The Brussels Region established an official testing system in 2019. Wallonia followed in 2024. These tests can be initiated ex officio by the authorities, without a prior complaint from the victim.
Filing a complaint: the procedure
With Unia (Interfederal Centre for Equal Opportunities)
Unia is the primary contact for victims of housing discrimination. The procedure:
- Report online or by phone (free)
- Analysis of the file by a Unia legal expert
- Mediation proposed between the parties
- Legal action if mediation fails (Unia can join as a civil party)
With the regional housing inspectorate
Regional inspection services can intervene directly:
- Brussels: Regional Housing Inspection Directorate (DIRL)
- Wallonia: Housing Inspection Service
- Flanders: Wooninspectie
With the police and public prosecutor
Discrimination is also a criminal offence. A complaint can be filed with the police. The public prosecutor will decide on prosecution.
Applicable sanctions
| Type of sanction | Amount / measure |
|---|---|
| Criminal fine | 50 to 1,000 EUR (x8 for additional decimes) |
| Civil damages | 650 to 1,500+ EUR (flat-rate or actual) |
| Publication of the judgment | Possible (at the convicted party’s expense) |
| Administrative fine (regional) | Variable by region |
The landlord’s side: how to select legally
Best practices
For landlords acting in good faith, here is how to avoid any accusation of discrimination:
- Set objective criteria before publishing the listing (minimum income, lease duration)
- Apply the same criteria to all candidates without exception
- Document your selection process (comparison table, scored criteria)
- Justify your refusal in writing if a candidate requests it
- Do not ask questions about protected criteria (religion, origin, family situation)
The standardised application form
Use an identical form for all candidates, covering only objective criteria: income, professional situation, desired date, lease duration. Avoid any question on protected criteria.
To manage applications efficiently and fairly, a rental management tool can standardise the process and document decisions.
Acting together against housing discrimination
Housing discrimination is illegal, documented and combated by law. But it persists due to the low number of complaints. To bring about change:
If you are a victim:
- Do not stay isolated: contact Unia (free and confidential)
- Document the facts: keep listings, exchanges, refusals
- Consider testing with the help of an association
- File a complaint if mediation fails
If you are a landlord:
- Educate yourself on anti-discrimination legal obligations
- Standardise your selection process
- Assess only solvency and property suitability
- Document your decisions
A fair rental market benefits everyone: tenants find housing more easily, and landlords access a larger pool of solvent candidates. For more, see our guide on domiciliation and the rental lease which addresses the rights of the parties regarding address and registration.
Frequently asked questions
-
No. The federal anti-discrimination law of 10 May 2007 and regional decrees prohibit any discrimination based on ethnic origin, nationality, alleged race, skin colour or descent. A landlord who refuses a tenant on these grounds faces criminal sanctions (fine of 50 to 1,000 EUR) and civil damages (potentially exceeding 1,500 EUR).
-
The law provides for a reversal of the burden of proof: if the victim presents facts suggesting discrimination (refusal after giving their name, comparative testing), it is for the landlord to prove that the refusal was based on objective and legitimate criteria (solvency, property size). Testing (two similar candidates, only one criterion different) is admitted as evidence before the courts.
-
No. Family composition and source of income are protected criteria. A landlord cannot refuse a tenant because they have children, because they are a single parent, or because their income comes from social benefits (CPAS/OCMW, unemployment). Only overall solvency can be assessed, regardless of the source of income.
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