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Human rights report highlights rental discrimination

Experiences of landlord preferences for tenants who were “not local”, not parents, not on financial assistance and who would not have guests — “especially Black men” — were documented in the Human Rights Commission’s Annual Report for 2023.

One unmarried man recalled that he was advised no women could visit and a young single female believed she was excluded from multiple property opportunities because prospective landlords were concerned about companions and that she may become pregnant.

The HRC report, which was tabled in the House of Assembly on Friday, said: “ … contributors shared that, through varying discussions with realtors and prospective landlords, they understood from these discussions that there was a general preference where landlords wished to rent to single men, expatriate workers, and specifically those without children.”

Findings came from an island-wide consultation carried out from March 21 to April 14, 2023, that aimed to gather anonymous perspectives from members of the public on various human rights issues.

It included an invitation “to share experiences relating to any forms of discrimination, harassment, and/or difficulty when securing or occupying housing”.

The HRC annual report said that details provided indicated that people were being discriminated against “simply because” they were Bermudian, a woman, an unmarried couple, gay or a parent.

It added: “Examples of submissions received included an individual who was seeking to rent a property and was excluded from multiple opportunities because they were a young/single woman and the concerns of the prospective landlords were that they would have companions visiting, were too young, and/or may become pregnant.

“This individual may be protected from discrimination by virtue of section 4(1) of the Human Rights Act 1981.”

Further examples of accounts from people renting or looking to rent included:

• Experiences of being excluded from or refused accommodation because the prospective tenant had children and the landlord said there was a “no children” policy

• Scenarios where people were informed that the prospective landlord preferred to rent to someone who was “not local”

• Exclusion from consideration for renting because the person was receiving financial assistance; various advertisements and online platforms were said to expressly state “no FA”

• A man noted he was told females could not visit because he was unmarried and the landlord was religious

• A prospective landlord who reportedly said they would no longer rent to someone that was earlier approved for an apartment, when it became apparent at the time of signing the lease that the renter had a child

The publication added that “an individual shared that they were told by their landlord that they preferred that they did not have guests, especially Black men”.

Some of the concerns were echoed by realtors who responded to the survey.

The report highlighted excerpts from their comments, which included: “An increasing issue I have noted is single parents, specifically mothers with their young babies.

“Landlords do not want to deal with the noise and also a struggling parent trying to pay bills and then they feel bad for making them homeless.”

Another noted “racist rhetoric” and explained: “ … all the time I hear people say they want ‘expat’ tenants, meaning non-Bermudians and they say ‘no locals’ or ‘Bermudians’, which means sadly no Bermudians or darker-skinned people.

“Darker-skinned landlords say this more often than others from my experience sadly, which is odd.”

Comments from landlords who replied to the consultation included: “Main fears are people renting and destroying properties and then they fall into arrears, we see it all the time.

“Unfortunately, it tends to be locals.”

Another said: “There needs to be something in it for owners to incentivise renting openly without discrimination as clearly so many have been burnt by people who do not pay the rent and the safest course is an expat who would fear losing their job if they do not pay rent or one who receives housing allowance.

“The single biggest reason Bermudians do not pay rent on time is they cannot afford it – so the solution is to offer affordable homes.”

The HRC annual report explained: “The results of the survey demonstrated that various members of the public were experiencing discrimination and/or harassment based on protected grounds while renting and while seeking to rent in Bermuda.”

It added that results showed a number of landlords were contravening the Act.

The report said: “The justification put forth on some occasions indicated that the discriminatory conduct was rooted in a desire to mitigate perceived risks; however, individuals should be alert to the intersectionality between stereotypes, prejudices and discrimination.

“The disclosures received demonstrated that discrimination within housing is far more prevalent than disclosed and reported on by way of complaints or queries being filed with the office.

“The Human Rights Commission would like to invite further engagement with tenants, landlords and/or realtors, who would benefit from understanding their rights and obligations owed under the Human Rights Act 1981.”

Separately, the survey results also showed that people experienced discriminatory behaviour in various forms because of their association with people identified by a protected ground under the legislation.

Examples included someone who said they were treated differently because of their association with another who had a criminal record, as well as a respondent who is gay and said their friends were treated in a discriminatory way owing to their association.

The report said that the HRC submitted policy recommendations to the Government that were designed to “strengthen the effectiveness” of the Act’s section 4(1), which related to accommodation.

It added: “Further policy recommendations included seeking to define the protected ground ‘family status’ and expand protections within the Act to prohibit discrimination because of association and perceived discrimination.”

On Palestine

In its 2023 annual report, the Human Rights Commission highlighted proceedings in the International Court of Justice commenced by South Africa against Israel last year.

The publication said: “Among other things, South Africa alleged that Israel’s actions in the Gaza strip violated the UN’s 1948 Genocide Convention, to which Israel is a party.

“In the initial ruling on January 26, 2024, the ICJ set out that it accepted the plausibility of ‘at least some of the rights claimed by South Africa’ under the Genocide Convention, and found it has prima facie jurisdiction to adjudicate the dispute.“

The HRC report said: “Utilising data from the United Nations Office for the Coordination of Humanitarian Affairs, the World Health Organisation and the Palestinian government, Israeli attacks have:

• Damaged or destroyed 60 per cent of Gaza’s residential buildings

• Damaged 80 per cent of commercial facilities

• Damaged 73 per cent of school buildings

• Resulted in 12 out of 35 hospitals partially functioning

• Resulted in 83 per cent of groundwater wells being non-operational

• Damaged 267 places of worship

“Following the ruling of the International Court of Justice, which issued its ruling warning of a plausible risk of genocide, the UN Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967 issued a report concluding that there are ‘reasonable grounds to believe that the threshold indicating Israel’s commission of genocide is met’.

“Towards the end of March 2024, the International Court of Justice ordered Israel to take all necessary and effective action to ensure basic food supplies arrive without delay to the Palestinian population in Gaza.

“The court observed in the order that ‘Palestinians in Gaza are no longer facing only a risk of famine […] but that famine is setting in’.”

The HRC report said: “Most recently, the UN General Assembly overwhelmingly endorsed a resolution calling for the UN security council to bestow full membership to the state of Palestine, while enhancing its current mission with a range of new rights and privileges, in addition to what is allowed in its current observer status.

“The office of the commission shares the views of the UN Secretary-General Antonio Guterres: ‘The people of Gaza are in the midst of an epic humanitarian catastrophe before the eyes of the world. We must not look away’.”

The annual report showed that 150 intakes — complaints or queries — were made to the HRC last year, up from 108 in 2022.

Sex, place of origin, ethnic or national origins, and disability continued for the sixth year to be the most common factors identified by members of the public as the basis for alleged discrimination.

Figures showed there were 128 intakes in 2019, 140 in 2020 and 174 in 2021.

A bolstered communications strategy and “intentional” logging of all queries were likely to have been factors that contributed to the year-on-year increase, the report said.

Praise for Bermuda Is Love

The Human Rights Commission’s annual report for 2023 showcased community action group Bermuda Is Love as “an inspiring example of individual advocacy in support of collective rights”.

It said: “Bermuda Is Love was formed in August 2020 by a group of friends eager to make a positive impact in their community.

“Their mission is to create a Bermuda where everyone’s basic needs are met and guaranteed by law.”

The report explained: "Bermuda Is Love seeks to adopt a human rights-based approach to their advocacy: each of their events corresponds with a fundamental human right to highlight the issue's relevancy and provide education to the public.“

It said that since it started, the group had spearheaded activities such as trash clean-ups, blood drives and clothing giveaways, and hosted lectures, presentations and film viewings.

The report said: “Bermuda Is Love embodies the idea of being the change you want to see in the world.

“Their philosophy leans into the belief that we each have a role to play in creating a healthier, more equitable world, no matter how big or small our time and contribution can be at any given stage of our lives.

“Bermuda Is Love is an outstanding collaborator for promoting and protecting the rights of all in Bermuda.”

To see the report in full, see Related Media or collect a copy from the HRC’s office at 32 Victoria Street, Milner Place, ground floor

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Published July 22, 2024 at 8:00 am (Updated July 22, 2024 at 7:47 am)

Human rights report highlights rental discrimination

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