National Discrimination Tribunal prohibited ethnic discrimination in the renting of an investment apartment

National Discrimination Tribunal Press Release 10.3.2014

The Ombudsman for Minorities requested the National Discrimination Tribunal to examine whether the prohibition of discrimination laid down in section 6 of the Non-Discrimination Act (21/2004) had been breached when A had refused to rent out an
apartment to B due to the latter's Roma background.

A owned an apartment that she had offered for rent to the general public. During the time of offering the apartment for rent, she lived and had continued to live elsewhere in another apartment in her ownership. The National Discrimination Tribunal considered that the purpose of renting out the apartment was to achieve investment returns. The apartment was an investment apartment referred to in the Non-Discrimination Act. The offering of such an apartment for rent to the general public is covered by the scope of application of section 2 paragraph 2(4) of the same Act.

The National Discrimination Tribunal considered that due to B's Roma background, A had refused to rent out to B the apartment that she had offered for rent to the general public. Therefore, this was a case of direct discrimination prohibited under section 6 of the Non-Discrimination Act.

A's conduct had been based on the negative attitude of the Board of Directors and the Manager of the housing company towards renting out A's apartment to a person of Roma background. The Board of Directors had, however, made no official decision on the matter.

There was no indication in the documents that A's conduct would have been based on instructions binding on her, or on instructions issued by a party competent to issue such instructions. As lessor of the apartment, A was accountable for her own actions.

The National Discrimination Tribunal prohibited A from continuing and repeating ethnic discrimination in breach of section 6 of the Non-Discrimination Act.

The full case report is available in Finnish on the Tribunal's website at www.syrjintalautakunta.fi

For further information, please contact: Rapporteur of the Tribunal Juhani Kortteinen, +358 295 488 680, [email protected]