Discrimination in rental accommodation

There is an interesting article this week in The Local picking up a piece of investigative journalism in Der Standard. Two journalists sent enquiries in response to 100 rental adverts in Vienna. Half of these were to agencies and half to private landlords. One applied with the name “Muzayen Al-Youssef” and the other “Franziska Zoidl”. Apart from the names, the biographies were the same: both said they were young, female, Austrian and working for the same employer. Muzayen received invitations to viewings 48 times while Franziska was invited to 71. With private landlords, Muzayen was invited to viewings 32% of the time, while Franziska was invited 68% of the time.

Most international residents in Austria will be aware of this problem.

Discrimination in Austria is covered by the Equal Treatment Act (Gleichbehandlungsgesetz – GlBG) and EU treaties. Housing is covered under §31 of the GIGB: “On the basis of gender, in particular with reference to marital status or the fact that someone has children or ethnicity, no one may be discriminated against directly or indirectly in accessing and providing goods and services available to the public, including housing” (Machine translation of the German text).

The question is: what can be done about discrimination?

The articles suggest that the process to sue a landlord is challenging: it is difficult to prove that you lost out on an apartment due to discrimination, and it is a slow and expensive legal process that in the end will earn you only a few hundred euros. However, if you plan to do this, keep regular notes and documentation, and try to attend viewings with another person for evidence.

Some suggest arranging viewings under an Austrian-sounding pseudonym, however when you reveal your true identity the landlord could use the excuse of your lack of trustworthiness as grounds to withdraw an offer of accommodation.

Probably the most beneficial thing to do for the international community is to regularly report when you face discrimination. The articles indicate that only a handful of cases of discrimination are reported each year. By highlighting the problem of discrimination every time it occurs the true scale of the issue will have a higher profile in the media, be raised in the national consciousness, and politicians will eventually be forced to act.

There are two places to report discrimination to:

• the Ombud for Equal Treatment (GAW): https://www.gleichbehandlungsanwaltschaft.gv.at

• The anti-discrimination office Zara (ZARA Zivilcourage und Anti-Rassismus-Arbeit): https://zara.or.at/de/

Sources and references:

• https://www.thelocal.at/20230327/are-tenants-with-non-austrian-names-less-likely-to-get-rental-contracts

• https://www.derstandard.at/story/2000144676593/rassismus-bei-der-wohnungssuche-franziska-bekommt-die-wohnung-muzayen-nicht

• https://www.oesterreich.gv.at/en/themen/dokumente_und_recht/gleichbehandlung.html