ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Parties |
Representatives | Peter Rees |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027598-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 21 of the Equal Status Act 2000 (as amended) an individual may seek redress in respect of any prohibited conduct that has been directed against him or her by referring a case to the Workplace Relations Commission. It is a condition precedent to bringing any such matter before the Workplace Relations Commission that the individual complainant shall have already notified the Respondent in writing (The Form ES1) of the nature of the allegation and the intention to seek such redress if not satisfied with the Respondent’s response. This Notice in writing shall be brought within two months of the said prohibited conduct or the last instance of same.
A Respondent may choose to reply with an explanation for the treatment by returning the attached ES 2 Form.
Pursuant to Section 25 of the Equal Status Act 2000 I have had the within matter referred to me by the Director General for the purpose of investigation into claims of discrimination and I have heard where appropriate interested parties and have considered any relevant documentation provided in advance of the hearing and in the course of the hearing. At the conclusion of any such investigation I shall make a decision and if in favour of the Complainant I shall provide for redress (s.25 (4))
Generally, discrimination under this Act is taken to have occurred where a person is treated less favourably that another person is (or would be) treated and by reason of any of the discriminatory grounds (as specified).
Broadly, the Equal Status Act prohibits discrimination in the context of buying and selling goods from and to the public (or a section thereof) and also in the context of using and providing services available to the public (or a section thereof).
Pursuant to Section 25 of the Equal Status Act 2000 I have had the within matter referred to me by the Director General for the purpose of investigation into claims of discrimination.
The Act allows for an Order for compensation for the effects of the prohibited conduct or that a person or persons take a specified course of action.
Background:
A Tenancy relationship which had existed for two years was in the process of being terminated by the Landlord when the Tenant asked him to sign up to a HAP scheme for which he qualified. |
Summary of Complainant’s Case:
The Complainant says the blanket refusal amounted to a discrimination on the ground of his being a recipient of Housing Assistance. |
Summary of Respondent’s Case:
The Respondent rejects that he was being Discriminatory and other more practical factors were at play such as he was imminently selling the whole property. |
Findings and Conclusions:
I have carefully considered the evidence adduced in the course of this hearing. The Complainant has been in a tenancy arrangement with the Respondent entity since 2017. The Respondent entity is owned by A Mr. PR who attended the hearing. It is clear form the evidence that Mr. PR can be described as a professional Landlord having a number of properties in the City Centre with numerous rental units contained therein. The Complainant had been a satisfactory tenant and had met his rent of about €800.00 per month in the usual way. The Complainant was unexpectedly faced with Redundancy from his employment in and around January 2019. This was at the same time that the rent was coming under review and it was from this time that the rent had moved up to €832.00 per month. The Complainant was perfectly honest with his Landlord and explained that his employment was at risk and he would need to find alternative employment. The Complainant indicated that he would be looking for state assistance if he was entitled to it. Initially the Complainant had thought he might be entitled to a “rental allowance” but in fact he qualified under the newer Housing Assistance Payment Scheme which gives Social Housing Support for people with long term housing needs. Under the scheme Landlords are paid directly. I accept that a conversation took place between the complainant and PR at the end of February 2019 at which time the Complainant looked for the Landlord’s co-operation with the preparation and signing off on the HAP application form. The Landlord was reluctant. He had understood that the Complainant would be giving up his Lease and moving on. I accept that the Landlord was reluctant to get involved with a HAP scheme application. He says this was because he was not familiar with it and in any event his plan has been to sell the property wherein the Complainant resides in the near future. The Complainant was fortunate in that he was in a position to keep paying the rent – so there was no question of him falling behind. The Complainant paid his rent while at the same time repeatedly asking his Landlord to engage with the process. I note a very emphatic email came from the Landlord to the Tenant on the 5th of April 2019 wherein he says “…I am sorry but as I have told you before I do not accept HAP’s.” In evidence the Respondent witness tried to qualify the emphatic nature of this statement by stating that he meant that he had never undertaken the process of setting up a HAP tenancy but I find the meaning of the words are simple and straightforward and the Landlord herein has formed a view or an opinion on people in receipt of HAP payments and has made a decision to avoid them. The view and the words are discriminatory within the meaning of the Act. I note that the Complainant continues to reside in the same address and that he has largely managed to cover his rent out of his own small reserves. The Landlord has now engaged int eh HAP process and it is hoped that by August 2019 the first HAP payment will have been made. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 CA-00027598-001 - I am satisfied that the Complainant has made out a Prima Facie case which cannot be rebutted or justified by the Respondent and the Complainant has therefore demonstrated that he was discriminated against. I note that the Landlord is now engaging in the HAP process but that the Complainant is at a loss. I award the sum of €2,200.00 compensation to the Complainant. |
Dated: 24th September 2019
Workplace Relations Commission Adjudication Officer: