Equal Status Act, 2000
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Disposal of premises and provision of accommodation. |
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) providing accommodation or any services or amenities related to accommodation or ceasing to provide accommodation or any such services or amenities. | ||
(2) Subsection (1) does not apply in respect of— | ||
(a) the disposal of any estate or interest in premises by will or gift, | ||
(b) the disposal otherwise of such an estate or interest where— | ||
(i) the person making the disposal or another person who has an estate or interest in the premises or a person who is a near relative of either of them intends to continue to reside, or in the immediate future to take up residence, in the premises or a part thereof, and | ||
(ii) the premises in question are small premises, | ||
(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, | ||
(d) the provision of accommodation in premises where— | ||
(i) the person providing the accommodation or a person who is a near relative of that person intends to continue to reside, or in the immediate future to take up residence, in the premises or a part thereof, and | ||
(ii) the premises in question are small premises, | ||
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) Premises shall be treated for the purposes of paragraphs (b) and (d) of subsection (2) as small premises if— | ||
(a) in the case of premises comprising residential accommodation for more than one household, there is not normally accommodation in the premises for more than three households, or | ||
(b) in any other case, there is not normally residential accommodation in the premises for more than six persons in addition to a person mentioned in those paragraphs and any persons residing with that person. | ||
(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, marital status, disability, age or membership of the Traveller community. |