Housing discrimination: what is prohibited
Housing discrimination in Belgium: prohibited criteria, penalties, best practices for the landlord and remedies for the candidate tenant.
Prohibited discrimination criteria
The Belgian law of 10 May 2007 aimed at combating certain forms of discrimination applies fully to the rental market. The landlord may not refuse a candidate on the basis of:
| Prohibited criterion | Examples |
|---|---|
| Origin / nationality | Refusing a foreign candidate |
| Alleged race / skin colour | Refusing based on appearance |
| Age | Refusing a candidate deemed too young or too old |
| Sex / gender | Refusing a single woman / single man |
| Sexual orientation | Refusing a same-sex couple |
| Marital status | Refusing a single person or divorcee |
| Disability | Refusing a person with reduced mobility |
| Health status | Requesting a medical certificate |
| Financial situation | Refusing a candidate on social welfare or unemployment |
| Religious belief | Refusing based on religion |
| Political conviction | Refusing based on opinions |
| Family situation | Refusing a family with children |
Indirect discrimination is also prohibited: a seemingly neutral criterion that disproportionately penalises a protected group (for example, requiring a permanent contract effectively excludes self-employed workers and certain nationalities).
Penalties incurred
| Type of sanction | Detail |
|---|---|
| Civil | Damages (up to EUR 1,300 flat rate) |
| Criminal | Fine of EUR 50 to 1,000 + imprisonment (1 month to 1 year) |
| Unia | Legal action on behalf of the candidate |
| Regions | Additional administrative fines |
The burden of proof is shared: if the candidate provides evidence suggesting discrimination (situation testing, correspondence), it is up to the landlord to prove that their refusal is based on objective and non-discriminatory criteria.
Unia (Interfederal Centre for Equal Opportunities) regularly conducts situation tests: two identical fictitious candidates, differing only on a protected criterion, contact the landlord. If the treatment differs, discrimination is established.
Unia and certain associations conduct situation tests in all three Regions. Landlords are tested unknowingly through fictitious applications. Always apply the same objective criteria to all candidates.
Best practices for the landlord
1. Define your criteria before viewings. Solvency (rent-to-income ratio max 1/3), completeness of the file, references. These criteria must be the same for everyone.
2. Use a standardised form. Provide the same application form to all visitors. See our guide on the application file.
3. Do not ask prohibited questions. No questions about origin, religion, health status, family situation (except number of occupants for dwelling size adequacy).
4. Keep the files. Retain the files of rejected candidates for 6 months. In case of a complaint, you will be able to demonstrate that your choice was objective.
5. Assess the file, not the person. The decision must be based on the documents in the file (solvency check), not on impressions during the viewing.
Legal remedies for the discriminated candidate
A candidate who believes they have been a victim of discrimination can:
| Remedy | Deadline | Cost |
|---|---|---|
| Report to Unia | No strict deadline | Free |
| Apply to the justice of the peace | 1 year (limitation) | Low (simplified procedure) |
| File a criminal complaint | 1 year | Free |
| Group action (via association) | Variable | Free (if via Unia or association) |
Unia offers a free mediation service. If mediation fails, Unia can take legal action on behalf of the candidate.
For the landlord, the best protection is a transparent, documented selection process based on objective criteria. An online lease and a rental management software help you professionalise your approach.
Frequently asked questions
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Yes, except in Brussels where refusal on this ground alone may be considered discriminatory. In Wallonia and Flanders, the landlord may include a pet prohibition clause in the lease.
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Requiring a permanent contract is not explicitly prohibited, but systematically refusing self-employed workers or fixed-term contracts may be considered indirect discrimination based on wealth. It is better to assess overall solvency.
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A civil fine of up to EUR 1,300, damages for moral harm, and in serious cases, criminal penalties (fine + imprisonment). Unia can also take legal action on behalf of the candidate.