Landlord ordered to pay €5,000 to disabled man over discrimination

Seán McCárthaigh

The owner of a rental property in Galway has been ordered to pay €5,000 in compensation to a prospective tenant with a disability who was informed that the landlord only wanted people who were working to rent her house.

The Workplace Relations Commission ruled that the property owner, Patricia Geraghty, had breached the Equal Status Act 2000 by discriminating against the tenancy applicant, Frank Zimmermann.

Mr Zimmermann told the WRC that his request to be considered for an d tenancy was refused because he was in receipt of the Housing Assistance Payment allowance.

The complainant, who is in receipt of disability benefit due to having prostate cancer, gave evidence of spotting an ment for the rental of the house in a location in rural Co Galway, which he claimed was perfect for his specific needs.

Mr Zimmermann said he wrote directly to the potential landlord to confirm his interest and provided some details concerning his personal circumstances.

He also informed Ms Geraghty that he was in receipt of the HAP allowance as well as providing references to demonstrate his trustworthiness as a tenant.

However, the WRC heard that Mr Zimmermann was notified by the landlord that his application was not being considered as she wanted to rent the house to people who were working.

Mr Zimmermann said he was deeply affronted by the manner in which his application was dismissed from consideration.

He told the WRC that he believed that the landlord had jumped to negative conclusions because he was in receipt of housing assistance.

Ms Geraghty did not attend a hearing of the case before the WRC which was held in September.

WRC adjudication officer, Penelope McGrath, said the landlord’s non-attendance was not expected and she did not subsequently avail of an opportunity to clarify her absence from the hearing.

Ms McGrath said she accepted that Mr Zimmermann had made out a prima facie case that his application to rent the property had been ruled out either because he had a disability or that he was in receipt of HAP or a combination of both.

“The complainant was clearly discriminated against,” she added.

The WRC ordered Ms Geraghty to pay compensation of €5,000 to Mr Zimmermann for the effects of the discrimination and engaging in “prohibited conduct.”