Complainant

Respondent

Parties

Fanel Iancu

Christine White

Representatives

Dublin Simon Community

Did not attend 

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00030648-001

04/09/2019

The complainant submits that the respondent refused to participate in the Housing Assistance Payment scheme, contrary to the Equal Status Act.

A hearing was scheduled for 7 January 2020, the complainant was present, but the respondent did not attend. I proceeded to hear the complainant’s evidence in the respondent’s absence. Subsequently the hearing notification letter to the respondent was returned to the WRC as “unknown at this address”. As the respondent had not been correctly notified of the hearing, I obtained the correct address for the respondent, who is the named as the landlord on the letting agreement, from the agent for the property. Then hearing notifications for a rescheduled hearing were sent to both parties on 14 February 2020 for a hearing on 10 March 2020. Again, the complainant was present, and the respondent did not attend the hearing. I am satisfied the respondent was correctly informed of the rescheduled hearing. Therefore, I proceeded to complete my investigation in the absence of the respondent.

In March 2017 the complainant asked the agent to complete the HAP form but it was never signed. In May 2018 he asked again and was told by the agent that the landlord would not sign it.

In March 2019 he was unable to work because of a back injury and in June 2019 he called into the agent to ask them to get the respondent to complete the HAP forms. He was told the landlady would not sign the forms. The complainant had always dealt with the agent and had no direct contact with the respondent. He assumed the agent was in direct contact with the respondent over his request to get the HAP forms completed.

The complainant sought assistance from the Dublin Simon Community. The representative wrote to the agent with a further set of forms but got no response. She then rang the agent and was told they had taken legal advice and the forms did not have to be signed. She rang the respondent who claimed she had no knowledge of the HAP forms. The representative asked her to contact the agent.

Because of his injury the complainant was unable to work and had only been able to pay the rent on the property by obtaining Rent Supplement.

The respondent did not attend the hearing and made no written submission.

The issue to be decided is whether the Respondent discriminated against the Complainant under the ‘housing assistance’ ground contrary to Sections 3 and 6 of the Equal Status Act 2000 (as amended), by refusing to participate in the HAP scheme when requested by the complainant.

The Equal Status Act seeks to prohibit discrimination in the provision of services. The Act was extended to include discrimination on the housing assistance ground. This includes the Housing Assistance Payment (HAP) as provided by Part 4 of the Housing (Miscellaneous Provisions) Act, 2014, which sets out the requirements for a landlord.

Section 3B of the Equal Status Acts states: …… the discriminatory grounds shall (in addition to the grounds specified in subsection (2)) include the ground that as between any two persons, that one is in receipt of rent supplement (within the meaning of section 6(8)), housing assistance in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014) or any payment under the Social Welfare Acts and the other is not (the “ housing assistance ground ”).

The undisputed evidence from the complainant is that in June 20109 he asked the agent to get the respondent to complete the HAP forms but this was not done. The complainant’s representative then sent the forms to the agent but they were not signed. She spoke to the respondent who claimed no knowledge of the HAP forms and that she had not spoken to the agent on the matter.

The respondent was not present at that hearing.

I have considered all the evidence put before me, both oral and written. My conclusion is that the respondent would have had some contact with the agent over this matter. Furthermore, the complainant’s representative did make her aware that the agent had the HAP forms, that she was obliged to complete them and she should contact the agent. As the respondent was not at the hearing it is unclear whether she contacted the agent but I am satisfied the representative made her aware of her obligations. The respondent chose not to complete the forms. I conclude that this amounts to discrimination under the Equal Status Acts.

CA-00030648-001

Having regard to all the circumstances, particularly the stress caused to the complainant, and pursuant to Section 27(1)(a) of the Equal Status Act, I order the respondent:

1.       To pay €10,000 to the complainant in compensation for the effects of the contravention of the Act, and

2.       To sign the HAP forms within 2 weeks of the issue of this decision.

Housing Assistance