In Belgium

Anti-discrimination law in the housing sector is governed by three federal laws of 10 May 2007 (the Anti-Discrimination Act, the Anti-Racism Act and the Gender Act) as well as regional decrees. Together, they prohibit discrimination in access to rental housing based on 19 protected criteria.

Protected criteria include: ethnic origin, nationality, skin colour, religion, disability, age, sexual orientation, gender identity, family status, social origin, wealth and state of health.

Regional dimension. Brussels, Wallonia and Flanders have each adopted additional provisions. The Brussels Housing Code explicitly prohibits discrimination in access to housing. Flanders and Wallonia have their own equality decrees.

How it works

What constitutes discrimination? Refusing to rent, imposing less favourable conditions, or terminating a lease based on a protected criterion. This includes both direct discrimination (explicit refusal) and indirect discrimination (neutral criteria that disproportionately exclude a group).

Discrimination testing. Regional authorities and the federal centre Unia conduct situation testing (mystery shopping) to detect discriminatory practices. A tester with a foreign-sounding name and a control tester with a local-sounding name apply for the same property.

Complaints. Victims can file a complaint with:

  • Unia (federal equality body) for most protected criteria
  • Institute for Equality of Women and Men for gender-related discrimination
  • The regional housing authority
  • The criminal courts (discrimination is a criminal offence)

Sanctions. Civil courts can award damages (typically 650-1,300 EUR per the lump-sum system) and issue injunctions. Criminal courts can impose fines and, for repeat offenders, imprisonment.

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Warning
Landlords may apply legitimate selection criteria (income level, rental history) but cannot disguise discriminatory motives behind them. Asking about a prospective tenant’s ethnic origin, religion, family planning or disability during a viewing is illegal and may trigger a complaint.

Practical example

A landlord in Brussels refuses to rent to a family with three children, citing noise concerns. The family files a complaint with Unia, which sends testers: a couple without children is invited for a viewing while a family with children is told the apartment is taken. Unia files a civil action. The court finds direct discrimination based on family status and awards the family 1,300 EUR in damages.