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Consumer ProtectionAnti DiscriminationNSWMEDIUM

A landlord tells his property manager to reject every applicant who is pregnant or has young children. The manager says she is only following instructions. What is her legal position?

Correct Answer

C) She is responsible too, because agents must not apply discriminatory instructions

NSW Government guidance says it is unlawful for a landlord or agent to discriminate against a prospective tenant on grounds including pregnancy, or to apply a rule or policy that discriminates, such as unnecessary occupancy limits. The Anti-Discrimination Act 1977 (NSW) applies to a person acting as principal or agent, so a landlord’s instruction is no defence.

Answer Options
A
Only the landlord is liable, because the agent acted on a written instruction
B
She is liable only if the rejected applicant was already a tenant of the agency
C
She is responsible too, because agents must not apply discriminatory instructions
D
Neither is liable, because a landlord may choose any tenant for any reason

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