It’s not often that we cover equal status cases but the decision in this case highlights how the age of complainants can perhaps influence the size of compensatory awards when it comes to discriminatory provision of services, in this particular instance relating to an 80-year old tenant who applied for Housing Assistance Payment.

It's also worth noting that the Equal Status Act does not exactly mirror the Employment Equality Acts when it comes to discrimination against those with protected characteristics in the provision of goods and services. The ‘housing assistance’ ground, which came into force in 2016 and applies only to ESA and not EEA cases, is essentially a tenth protected characteristic. It is discriminatory to refuse to let a property to someone who is, was or might be in receipt of some forms of housing benefit from the State.

This case illustrates very well why it is so necessary and the challenges tenants and landlords face and S.3 of the ESA was amended here:
http://revisedacts.lawreform.ie/eli/2000/act/8/section/3/revised/en/html

It states:

“(3B) For the purposes of section 6(1)(c) , the discriminatory grounds shall (in addition to the grounds specified in subsection (2) ) include the ground that as between any two persons, that one is in receipt of rent supplement (within the meaning of section 6(8) ), housing assistance (construed in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014 ) or any payment under the Social Welfare Acts and the other is not (the “ housing assistance ground ”).”

The Complainant stated that he had a tenancy with Respondent since December 2014. He applied for the Housing Assistance Payment (HAP) scheme in August 2019 and was deemed eligible by the Local Authority on the 12th of August 2019.

In order for the Complainant to qualify for the HAP scheme, his landlord needed to sign part of the form. The Complainant stated that he presented the form to the landlord's representative, (Ms. A) and asked her to sign part B of the form. The landlord’s representative told him she could not submit the relevant forms. She informed the Complainant that he had a lease agreement with the Landlord and the rent was due to be paid on the 23rd of each month, the HAP payment is lodged on the 27th of each month and therefore the landlord would not agree to the rent being paid in arrears. The Complainant went to the Local Authority about the matter and was advised to take it up with the Respondent and to contact Threshold (the Complainant's representative).

The Complainant said that Ms A, in a letter to him dated the 4th of November 2019, told him that she could not provide the information to the Local Authority, so he could get approval for HAP, but that he would not lose his security deposit if he wished to move in order to lease a property that could accommodate HAP. Ms A then agreed to sign the form if the Complainant paid a security deposit. At the hearing, the Complainant stated that he had not received the HAP payment yet. He said he urgently needed this payment to pay his rent as he was living on a very low income.

The Complainant's representative said that she took the matter up with the Local Authority and she was informed the landlord did not submit section B of the application form and that the application could not be processed. The Local Authority also told her that the landlord’s agent, Ms A,  informed the Local Authority that the tenant’s rent was payable monthly in advance and as the HAP payments were paid in arrears and not on the tenant’s lease date, she could not alter the terms and conditions of the rental agreement and therefore she could not sign the form.

The Respondent denied that she discriminated against the Complainant in relation to the HAP payments. She stated that she never refused to sign the forms. Ms A said that she explained to the Complainant that she could not agree to the payment of rent in arrears that he was seeking and that he was legally obliged to adhere to the terms and conditions of his lease agreement that he had entered into, and that the rent payments must be maintained as per the lease agreement.

The Adjudication Officer was satisfied that the Respondent’s ongoing refusal to complete the HAP application form amounted to less favourable treatment on the housing assistance ground. The Respondent provided no credible reasons for the delay in signing Form B other than discriminatory reasons. The Adjudication Officer noted that the Appellant was 80 years old and was very fearful of losing his apartment and becoming homeless and this was causing him unbearable stress and worry.

This age-related aspect of the case seemed to be particularly important in the thinking of the Adjudication Officer. Therefore, the Respondent was ordered to pay the Complainant compensation in the amount of €12,000 (the maximum that could have been awarded is €15k).  The Respondent was also ordered to put in place an equality policy which provides information and guidance on the discriminatory grounds in relation to the terms of the Equal Status Act which should include information and procedures for tenants accessing HAP.
https://www.workplacerelations.ie/en/cases/2020/june/adj-00025781.html

Legal Island would like to thank Gwendolen Morgan, Registrar - Director of Legal Services at the Workplace Relations Commission, for her assistance in drafting this review.