Equal Status Act 2000

Disposal of premises and provision of accommodation.

6

6.—(1) A person shall not discriminate in—

( a) disposing of any estate or interest in premises,

( b) terminating any tenancy or other interest in premises, or

( c) F17 [ subject to subsection (1A) , providing accommodation ] or any services or amenities related to accommodation or ceasing to provide accommodation or any such services or amenities.

F18 [ (1A) Subsection (1)(c) is without prejudice to

(a) any enactment or rule of law regulating the provision of accommodation, or

(b) the right of a person providing accommodation to make it a condition of the provision of that accommodation that rent supplement is paid directly to that person. ]

(2) Subsection (1) does not apply in respect of—

( a) the disposal of any estate or interest in premises by will or gift,

( b) F19 [ ]

( c) any disposal of such an estate or interest, or any provision of accommodation or of any services or amenities relating to accommodation, which is not available to the public generally or a section of the public,

F20 [ ( d ) the provision of accommodation by a person in a part (other than a separate and self-contained part) of the person s home, or where the provision of the accommodation affects the person s private or family life or that of any other person residing in the home, or ]

or

( e) the provision of accommodation to persons of one gender where embarrassment or infringement of privacy can reasonably be expected to result from the presence of a person of another gender.

(3) References in subsection (2) to the disposal of an estate or interest in premises or the provision of accommodation or of any services or amenities relating to accommodation include references to the termination of any tenancy or other interest in those premises or ceasing to provide such accommodation, services or amenities.

(4) F19 [ ]

(5) Where any premises or accommodation are reserved for the use of persons in a particular category of persons for a religious purpose or as a refuge, nursing home, retirement home, home for persons with a disability or hostel for homeless persons or for a similar purpose, a refusal to dispose of the premises or provide the accommodation to a person who is not in that category does not, for that reason alone, constitute discrimination.

(6) Nothing in subsection (1) shall be construed as prohibiting—

( a) a housing authority, pursuant to its functions under the Housing Acts, 1966 to 1998, or

( b) a body approved under section 6 of the Housing (Miscellaneous Provisions) Act, 1992 ,

from providing, in relation to housing accommodation, different treatment to persons based on family size, family status, F21 [ civil status ], disability, age or membership of the Traveller community.

F22 [ (7) ( a ) Nothing in subsection (1) shall be construed as prohibiting, in relation to housing accommodation provided by or on behalf of the Minister, different treatment to persons on the basis of nationality, gender, family size, family status, F21 [ civil status ] , disability, age or membership of the Traveller community.

  ( b ) Nothing in paragraph (a) shall derogate from any of the obligations of the State under the treaties governing the European Communities within the meaning of the European Communities Acts 1972 to 2003 or any Act adopted by an institution of those Communities. ]

F18 [ (8) In this section, rent supplement means a payment made under section 198 (3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable by a person in respect of his or her residence. ]

Annotations:

Amendments:

F17

Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 14(a), S.I. No. 610 of 2015.

F18

Inserted (1.01.2015) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 14(b) and (c), S.I. No. 610 of 2015.

F19

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 49(a), commenced on enactment.

F20

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 49(b), commenced on enactment.

F21

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(3), S.I. No. 648 of 2010.

F22

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 49(c), commenced on enactment.