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20 November 2023

Belgium: New and ongoing measures against housing discrimination

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According to Unia (the Interfederal Center for Equal Opportunities - an independent public institution in Belgium combating discrimination), discrimination - although prohibited by law - is highly prevalent in the housing sector in Belgium. As outlined in a 2022 report from Unia, anti-discrimination testing will soon be implemented to address this issue in the French-speaking region of Wallonia. Recent similar initiatives, spearheaded by Unia, focus on advocating for comprehensive training for estate agents, and introducing 'mystery checks' in 2024 to detect and penalise instances of discrimination in housing rentals.

Over the years, initiatives from Flanders and Brussels have already sought to expand protections against discrimination through the use of anti-discrimination testing. The Flemish Region was the first to implement anti-discrimination testing in 2020, when the Flemish Parliament passed a resolution to combat discrimination in the real estate market. Further, in May 2022 the Brussels Parliament's Housing Commission approved a draft ordinance to combat housing discrimination, covering all aspects of the housing process and including specific safeguards for tenants with disabilities.

In 2022 Unia received numerous reports of discrimination in housing, with 57% of housing-related cases in Wallonia involving income discrimination. To address this issue, Housing Minister Christophe Collignon's Walloon government is currently finalising a decree on mystery shoppers, set to start in 2024. These administration-conducted checks involve submitting fictitious housing applications by telephone or e-mail, each differing on one specific characteristic such as ethnic origin, disability or income, to assess refusals for visits or rentals based on these grounds and thus uncover discriminatory practices. Offenders have a 30-day window to provide explanations, and cases may be forwarded to the Public Prosecutor's Office, which could in turn lead to administrative fines for repeat offenders.

In parallel, Unia emphasises the urgency of implementing mandatory training programmes for real estate agents and private owners to ensure that they understand and comply with anti-discriminatory regulations. Together with the Public Service of Wallonia, Federia (the Federation of Francophone Real Estate Agents in Belgium) and the Institute for Equality of Women and Men, they developped a standard form to combat housing discrimination. Launched on December 15, 2021, this tool enables estate agencies and landlords to select tenants without bias. Addressing issues such as rejection based on factors like social welfare payment, foreign origin, or disability, the form establishes clear guidelines for fair tenant selection. While currently optional, it offers a structured approach, respecting privacy and minimising discrimination risks.

A memorandum jointly presented by Unia and its collaborators also emphasises the need for regional support for local authorities in their efforts to combat housing discrimination, recognisng the crucial role municipalities play in addressing this issue. 

Ethnic discrimination - which can often affect thid-country nationals - is prevalent in Wallonia's rental housing market, with applicants having Moroccan-sounding names 28% less likely to be invited for property viewings compared to those with Belgian-sounding names, according to research by sociologist Pieter-Paul Verhaeghe. Conducting 1 109 matching tests in four Walloon cities, the study reveals private landlords are more discriminatory (43%) than real estate agents (20%). Mons and Namur exhibit the highest discrimination levels, reaching 64% and 39% respectively.

Discrimination permeates various other sectors such as education and employment, ranking second and third in reported discrimination categories, and extends beyond the borders of Wallonia. A study conducted in Flanders revealed that although discrimination was absent in the initial selection phase, disparities appeared in subsequent stages, involving issues such as the refusal of reasonable accommodation for students with disabilities and an increasing prevalence of exclusion based on age and foreign origin in employment. This highlights the need for a comprehensive approach to tackle discrimination across all facets of recruitment or housing application process.

This collaborative effort - combining training initiatives, mystery checks, and a standardised approach to tenant selection - aims to address housing discrimination at its roots. The organisation of mystery checks in 2024 represents a significant step towards ensuring fair access to housing for all, complemented by the ongoing push for nationwide adoption of the standard form.

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Belgium
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Posted by
Julie Minders
Country Coordinator

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