Nothing is more frustrating than a home search where you feel like you're not being rejected based on your income or your file, but based on who you are. Whether it's your last name, your family composition, your orientation or the source of your income (such as benefits): discrimination in the housing market is a persistent problem. Although landlords have the right to choose the most suitable candidate, that freedom is not unlimited.
In the Netherlands, there are strict laws and regulations that protect tenants against unequal treatment. Since the introduction of the Good Landlord Act in 2023, municipalities and the national government have also received more tools to actively address discrimination. As a tenant, you are not powerless; you have a solid legal basis to fall back on.
The basis: The Constitution and the General Equal Treatment Act (AWGB)
Protection against discrimination starts with the highest court in our country. Article 1 of the Dutch Constitution states that everyone who is in the Netherlands is treated equally in equal cases. Discrimination based on religion, beliefs, political views, race, gender, disability, chronic illness, or sexual orientation is not allowed.
The General Equal Treatment Act (AWGB) further develops this for the housing market. You should not refuse a landlord or broker because he would rather not want people of a certain origin or religion in his building. Indirect discrimination is also prohibited. This includes a requirement such as “only for fluent Dutch speaking people”, while this is completely irrelevant to the occupancy of the house. These types of requirements are often used as a 'coded' way of excluding certain groups.
The Good Landlord Act: A new standard
The Good Landlord Act has been in force since 1 July 2023. This law is a game changer because it requires landlords and rental agents to have a clear and transparent selection process.
Transparent selection criteria
A landlord is no longer allowed to choose “by feeling” who to invite to a viewing. He must clarify in advance which criteria he uses to select tenants. These criteria must be objective (such as the level of income or household composition in relation to the size of the home) and must not be discriminatory.
Mandatory anti-discrimination policy
Nowadays, rental agents and brokers must have a method that is aimed at preventing housing discrimination. They must instruct their staff and be able to demonstrate that they are not responding to discriminatory requests from hosts. If an owner tells a broker: “I don't want people with a migration background”, the broker is legally obliged to refuse this assignment.
Specific forms of discrimination that occur frequently
While some forms of discrimination are obvious, others are more subtle. It's important to recognize these:
- Income source: A landlord may demand that you earn enough, but in principle, he cannot refuse you just because your income comes from benefits (such as a WIA or social assistance) instead of being employed, provided that the amount is stable and sufficient.
- Family composition: “No kids” is a common phrase in ads. While a landlord may refuse a small studio to a family of five (due to overoccupancy), categorically excluding children in a normal family home is often a form of prohibited discrimination based on marital status or family circumstances.
- Disability or chronic illness: You should not be refused because you have a service dog or because minor adjustments to the home are necessary.
What can you do if you suspect discrimination?
The tricky thing about discrimination is that it is often difficult to prove. A landlord rarely says to your face that he refuses you because of your origin; he usually says that the home “has already been forgiven” or that “the choice fell on another candidate”. However, there are steps you can take:
1. Request a written substantiation
Under the Good Landlord Act, you have the right to know why you weren't elected. Ask the landlord or broker by email for the reason for the rejection. If the answer is vague or does not meet the pre-set criteria, you have a starting point.
2. Report it to the municipal hotline
Since 2024, every municipality in the Netherlands has been obliged to have a hotline for complaints about good landlords. Here you can report (anonymously) discrimination or improper behavior on the part of a landlord. The municipality can take enforcement action and even issue fines to landlords who do not comply with the rules.
3. Human Rights College
If you have strong evidence of discrimination, you can submit a request for an opinion to the College of Human Rights. Although their judgments are not legally binding like a judge's verdict, they weigh very heavily and are almost always followed up in practice. Moreover, the procedure is free and accessible.
4. Anti-Discrimination Provision (ADV)
An ADV is active in each region (such as Radar or Discrimination Reporting Point). They can advise you, support you in writing letters and mediate between you and the landlord.
Working together for a fair market
Addressing discrimination in the rental market is a shared responsibility. By knowing your rights and reporting abuses, you not only help yourself, but you also ensure that landlords and brokers become sharper on their own actions. A fair housing market starts with transparency and enforcing the rules that exist to give everyone an equal chance of having a roof over their heads.