If you’ve looked for rental accommodation in the Netherlands, you’ve probably seen a lot of property descriptions. These property descriptions may tell you how large the apartment or e.g. has good lighting. However, sometimes the landlord of the property wants to ban certain groups from applying (“Not suitable for students”), or encourage other groups (“Perfect for expats”). But, is this allowed?
Direct and indirect discrimination
The Netherlands doesn’t allow direct or indirect discrimination on the grounds of religion, personal beliefs, political opinion, race, sex, nationality, sexual orientation or civil status. An example of direct discrimination would be if a landlord placed a rental ad saying, “No Belgians allowed”. Indirect discrimination can be more difficult to prove.
The sentence, “Only Dutch speakers allowed”, would be a good example of indirect discrimination in rental ads, since most people who speak Dutch are Dutch, thus this indirectly discriminates on the basis of nationality. Expats, defined under Dutch law as people who are temporarily living abroad for work, are not included in this group.
The flow of the rental market law 2015
Last year, a new law went into effect governing rental properties. The Wet Doorstroming Huurmarkt 2015 (the Flow of the Rental Market law) covers a variety of topics concerning rental properties.
The Dutch government was concerned about complaints that the previous laws were too strict and that this inflexibility led to housing shortages and higher rents. Amongst other changes, the options for temporary rental contracts were expanded and the opportunities for renting buildings that were for sale were extended.
Prior to this new legislation, landlords and rental agencies could only end the leases of a few groups: the disabled, the elderly and students. As age is not a group that is protected under discrimination law (for service providers, it is for employers), landlords could impose age restrictions on properties.
As of July 1, 2016, when the new law went into effect, more groups were added. Now there are six categories of people who can have their leases terminated if they no longer fall under one of the categories: the disabled, the elderly, students, PhD students, young people and those with large families. This is why, for example, a student can be forced to move out of a student accommodation after graduation.
For expats only?
Since many expats are looking for short-stay accommodation, the changes to the law have impacted the housing options available to them as well.
In 2010, a tenant association in Amsterdam requested that a judge determine if a real estate agent had broken the law when advertising an apartment in the building as, “For expats only”. The judge ruled that this distinction constituted indirect discrimination. So, our advice is to always make sure to carefully word your ads, if you are renting out a property.
Have you experienced discrimination? Or are you a landlord who is not sure what to include in your rental ad? Please do not hesitate to contact one of our specialised lawyers.
Update article: December 2017
Daniëlle van den Heuvel works in property law and employment law at GMW lawyers.
Within property law, Daniëlle is mainly involved in rental disputes and procedures concerning real estate transactions, representing real estate entrepreneurs, project developers, housing corporations and private individuals. Within her employment law practice, Daniëlle is often called in to draw up or advise about settlement agreements between employers and employees. She represents both parties.
Empathetic and dedicated to giving the best possible service, Daniëlle combines a responsive attitude with a clear, analytical and personal approach. In every case, Daniëlle tries to make a difference and really help her client.
Daniëlle also gives regular advice on non-competition clauses, and publishes monthly in the legal magazine Rendement.