ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Parties |
Representatives |
|
|
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00026737-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
This complaint was submitted to the WRC on March 4th 2019 and, in accordance with Section 25 of the Equal Status Act 2000, it was assignedto me by the Director General. I conducted a hearing on August 2nd 2019 and gave the parties an opportunity to be heard and to present evidence relevant to the complaint. Mr Tunney represented himself at the hearing. Ms Brophy also represented herself and she was accompanied by her husband.
Background:
This is a complaint of discrimination on the ground of gender. In March 2019, Ms Brophy placed an advertisement on Daft.ie for a room in her house saying that it was available for a female tenant. Mr Tunney enquired about renting the room and Ms Brophy informed him that she was looking for a female tenant. Mr Tunney claims that, contrary to section 6 of the Equal Status Act 2000, he has been discriminated against on the ground of gender. |
Summary of Complainant’s Case:
Mr Tunney said that when he applied to rent Ms Brophy’s studio room, he knew that she was looking for a female tenant, but he was keen to live in the area where the house is located. He said that he thinks that the provision in the Equal Status Act that permits a landlord to discriminate on the ground of gender may not apply in this case, because the studio has a separate entrance to the main house. He said that he thought that it might have been possible to discuss the use of the shared areas with Ms Brophy and to negotiate with her so that he could rent the room. In response to his enquiry Ms Brophy confirmed that she was looking for a female tenant and Mr Tunney said that he then realised that there was no room for negotiation. At the hearing, Mr Tunney said, “I tend to side with Ms Brophy,” and that he is looking for clarification regarding the inclusion of shared areas in a house and whether this gives a landlord an entitlement to choose a female over a male tenant. |
Summary of Respondent’s Case:
In her submission in advance of the hearing of this complaint, Ms Brophy said that she lives in the house in which she advertised a room for rent with her husband and four children. She has one room rented to a female tenant and she also rents her converted garage. She referred to this room as “the studio” and it comprises a bedroom and a bathroom. Ms Brophy said that her previous three tenants were female and that she prefers to rent the studio to females. The rental arrangement is that the tenant shares the family kitchen and dining room, in which there is a washing machine and tumble dryer, also for the tenant’s use. Ms Brophy submitted photos of the room, showing access to the main house. At the hearing, she said that, because the studio is attached to her house, and because the prospective tenant will have the use of her kitchen and dining area, she is entitled to rent the room to a female, if she so chooses. |
Findings and Conclusions:
The Relevant Law Section 6(1) of the Equal Status Act 2000 – 2012 (“the Act”) provides that: A person shall not discriminate in— (a) disposing of any estate or interest in premises, (b) terminating any tenancy or other interest in premises, or (c) subject to subsection (1A), providing accommodation or any services or amenities related to accommodation or ceasing to provide accommodation or any such services or amenities.
(1A) Subsection (1)(c) is without prejudice to — (a) any enactment or rule of law regulating the provision of accommodation, or (b) the right of a person providing accommodation to make it a condition of the provision of that accommodation that rent supplement is paid directly to that person. It is apparent therefore, that section 6(1) of the Act prohibits discrimination in the provision of accommodation on any of the grounds set out at section 3 of the Act, one of which is the gender ground. However, subsection 2(d) of section 6 provides that subsection 1 does not apply to the provision of accommodation “by a person in a part (other than a separate and self-contained part) of the person’s home.” Mr Tunney applied to rent a room in Ms Brophy’s home. While the room has a separate entrance, it is not separate from her home and the tenancy arrangement involved the sharing of her kitchen and dining-room. It is my view that the room that Mr Tunney applied to rent was not in a separate and self-contained part of Ms Brophy’s home. Section 6(2)(d) of the Act applies to this tenancy, and, for this reason, I have no jurisdiction to hear this complaint, which in my view, is misconceived. |
Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
I have decided that this complaint is misconceived and in accordance with Section 22 of the Equal Status Act 2000, I dismiss this complaint. |
Dated: 28/08/2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Rent of a room in a house |