Rental discrimination in Belgium
Discrimination when looking for a rental: prohibited criteria, evidence and remedies.
Anti-discrimination legal framework
Belgium has three anti-discrimination laws (10 May 2007) that apply to renting housing. Each Region also has its own provisions.
Protected criteria
| Category | Criteria |
|---|---|
| Origin | Nationality, skin colour, ancestry |
| Personal | Age, sex, sexual orientation, marital status |
| Health | Disability, current or future health status |
| Beliefs | Religion, philosophical or political conviction |
| Social | Wealth, income, family situation |
The landlord can select a tenant based on objective criteria (solvency, references) but not on these protected criteria.
Forms of discrimination in rental housing
Direct discrimination
Explicit refusal based on a protected criterion:
- “I do not rent to people of foreign origin”
- “No tenants with children”
- “Reserved for married couples”
Indirect discrimination
An apparently neutral criterion that excludes certain groups:
- Requiring a permanent contract (excludes self-employed, retirees)
- Requiring 4 times the rent in income (excludes low-income earners)
- Banning assistance animals (discriminates against people with disabilities)
Discrimination in listings
Listings may not mention any discriminatory preference. Phrases such as “quiet neighbourhood, ideal for single people” can be problematic.
For general rights, see our guide on tenant rights.
How to prove discrimination
Types of evidence
| Evidence | Evidential value |
|---|---|
| Written exchanges (email, SMS) | Strong |
| Situation testing | Strong |
| Witness statements | Medium |
| Audio recording | Variable (conditions apply) |
| Statistics (pattern of refusal) | Supplementary |
Situation testing
The test involves sending two identical applications differing only on a protected criterion (foreign-sounding name, mention of disability). If one application is accepted and the other refused, this constitutes strong evidence.
Reversal of the burden of proof
In Belgium, if the tenant provides serious indications of discrimination, it is for the landlord to prove they did not discriminate.
Remedies for the discriminated tenant
Reporting
- Unia (Interfederal Centre for Equal Opportunities): reporting and mediation
- Police: filing a criminal complaint
- Regional housing service: administrative reporting
Court action
| Court | Action | Possible sanction |
|---|---|---|
| Civil court | Damages | Compensation + injunction |
| Criminal court | Criminal complaint | Fine EUR 50-1 000 |
| Justice of the peace | Cessation action | Cessation of discrimination |
Support and assistance
- Unia: free, advice and mediation
- Legal aid (pro deo): free subject to income conditions
- Associations: housing aid, anti-discrimination
Discrimination in rental housing is an offence in Belgium. Do not hesitate to report it and seek support. See our guides on rental disputes and leases and contracts.