A landlord has been ordered to pay a tenant €12,000 compensation after he refused her rent allowance because she is Latvian and relies on social welfare.
The Workplace Relations Commission ordered David McCarthy has to cough up to Valerie Enners after he discriminated against her on the race ground under the Equal Status Act.
He refused to accept her Housing Assistance Payment scheme payment towards her rent.
WRC adjudication officer Ewa Sobanska said his refusal to participate in the HAP Scheme has had the effect of placing Ms Enners “in a detrimental financial situation”.
Ms Sobanska said: “I am satisfied it exacerbated the distress she suffered and the quantum of the compensation should reflect that.”
Ms Enners told the WRC Mr McCarthy’s acceptance of the payment “would have reduced the impossible financial pressure she suffers”.
In support of her case at the WRC, an Irish neighbour of hers gave evidence to state that she started renting from Mr McCarthy in October 2016 and the landlord completed the necessary HAP forms for her at the time and that she has been in receipt of it since.
As part of her case, Ms Enners presented audio evidence where she recorded on a mobile phone a conversation she had with Mr McCarthy.
During this conversation he made statements to the effect that he would sign the forms but the local authority won’t take it.
Mr McCarthy said he has a number of tenants on social welfare and various rent allowances and that he had no reason not to sign Ms Enners’ forms.
In respect of the allegation of race discrimination, Mr McCarthy stated there are probably about 20 different nationalities renting property from him.
He argued as long as they are respectable and pay the rent he has no problem with that. Mr McCarthy noted Ms Enners is a “good person” and he has “no issue” with her.
Director of advocacy at Focus Ireland, Mike Allen said: “The fact the penalty in this case is near the maximum allowable shows an increasing willingness of the WRC to use its powers and reflect the harm that is done to tenants by this form of discrimination.”
