Discrimination on the basis of wealth
In Belgium, the criterion of discrimination on the basis of wealth is most frequently encountered when it comes to access to housing. As in the case of refusal of rental to people receiving CPAS/OCMW public assistance or unemployment benefits.
Definition of the criterion
Wealth refers to a person's financial capacity, whatever its origin.
The wealth criterion therefore concerns both the level of income and the nature or origin of that income.
Example in the housing sector
Although the legislation allows the landlord to check the solvency of the prospective tenant, this examination must be carried out on a case-by-case basis, without categorically excluding any source of income, and must be based not only on the amount of income but also on the other guarantees offered by the prospective tenant (guarantee, proof of payment of previous rents, etc.).
Requiring prospective tenants to be in employment implies that they are in receipt of professional income. This excludes, a priori, people receiving unemployment benefits, incapacitation or disability benefits or, public assistance.
When it comes to income levels, some landlords apply the one-third rule, which means that prospective tenants are required to have an income that is 3 times the rent. This rule does not correspond to the reality of the rental market, where many people spend almost half of their income on their housing. In 2018, only 25% of households spent 30% or less of their budget on rent. Another quarter of households spent between 30% and 40% of their income on housing. Regardless of their age, 50% of tenants spent more than 40% of their income to pay their rent.
In order to prevent discrimination on the grounds of wealth in housing, various legislators have defined the information that may be requested from prospective tenants and the times at which this information may be requested (before the visit - after the visit - after the prospective tenant has been chosen).
FAQ regarding the criterion
I want to rent a property but the landlord tells me that I don't earn enough because I don't earn three times the amount of the rent. Is this discriminatory?
In addition, he refuses to take into account the benefits that I receive for my child because they are intended for the well-being of my children and not for the payment of rent.
Yes, of course, such an argument is discriminatory. Apart from the fact that the one-third rule is not adapted to the rental market, all income must be taken into account, including child benefits. One of the primary needs of children is to be housed, and it is only normal that family allowances should be used to meet the primary needs of children.
Discrimination on the basis of wealth in the law
All legislation prohibits discrimination on grounds of wealth.
As far as housing is concerned, the matter has been regionalised. Each region prohibits discrimination in housing on the basis of wealth.
In Brussels, article 200 ter, §3 of the Brussels Housing Code stipulates that “neither the origin nor the nature of resources can be taken into consideration by the landlord in refusing accommodation”.
This analysis was confirmed in a judgment of May 5, 2015 of the Court of First Instance of Namur - Court of First Instance of Namur, May 5, 2015 (available in Dutch and/or French).
Find out more about discrimination
Discover the other protected criteriaOrigin or social condition
Discrimination, for example, because you are homeless, belong to a certain social class or have been in prison.
Civil status
Discrimination because you are refused entry to a dance school as an unmarried person, for example.
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.