Two landlords fined for discriminating against HAP tenants 

One landlord was ordered to pay €12,500 after using "delay and diversionary tactics," against his tenant

Workplace Relations Commission. Picture Colin Keegan, Collins Dublin

Two landlords have been found to have discriminated against their respective tenants on the grounds of housing assistance by the Workplace Relations Commission.

One of these landlords, Martin Murray has been ordered to pay €12,500 in compensation after discriminating against a tenant in receipt of the Housing Assistance Payment (HAP).

Renter, Dorinda Walsh said she was left anxious and fearing homelessness after her landlord, Mr Murray "continually refused to complete her HAP Application Form," despite being legally obliged to do so.

The single mother told the tribunal that she was served with an eviction notice just 11 days after she contacted the WRC detailing Mr Murray's refusal to fill out the necessary HAP Application.

Ms Walsh - who lived in the €1,250 per month Dublin city apartment for more than two years - said the delay left her having to "beg and borrow," from friends and neighbours to cover rent, with her Threshold representative, Fiona McGrattan estimating Ms Walsh suffered a loss of around €6,000 due to Mr Murray's inaction.

Having previously received a rent supplement, Dublin City Council informed Ms Walsh that she was no longer eligible in August 2022 and would have to instead claim HAP.

However, Mr Murray told the tenant that it was "unfortunate," that her rent supplement had been withdrawn and that he would only honour the terms of the initial contract. After informing him that he was legally obliged to transfer to HAP, Ms Walsh received no further reply from her landlord.

After a month, Ms Walsh contacted Mr Murray again, this time with an Equal Status Act complaint form. Ms McGrattan, the renter's Threshold representative said the landlord went on to call the tenant "confrontational" about the situation which was "extremely stressful" for him. 

He added that he never refused HAP and that he would accept it once he received independent verification from Dublin City Council, despite both Ms Walsh and Ms McGrattan both telling him he was legally obliged to accept HAP.

Ms Walsh also added that she felt it was "no coincidence," that she was served an eviction notice just a few days later, along with an attempted rent increase by Mr Murray.

The tenant said she was left with "nowhere to turn," telling the tribunal that the situation led her to cry herself to sleep with her 18-month-old baby, adding that she also experienced weight loss and panic attacks as a result.

Mr Murray told the commission that he was "very generous" to Ms Walsh, and that the rent he charged for the two-bedroom apartment was not the market price for the property. 

He also stated that he has suffered stress because he has been accused of discrimination and bullying. He said that he will not rent the property out again.

In her findings, adjudicator, Elizabeth Spelman said there as "no evidence" that Ms Walsh was confrontational, and that a prima facie case of discrimination was established by the tenant. Taking into account the financial and further effects of the discrimination, Ms Spelman ordered Mr Murray to pay €12,500 to the complainant.

In another case, landlord, Anna O'Reilly was ordered to pay €7,000 after discriminating against her tenant, Mariana Gabor. Detailing the incident, Ms Gabor, who lived in the house with her partner and three children, applied for HAP on medical grounds for her son. 

Initially, Ms O'Reilly said she would accept the HAP, but following this, texted her tenant that she was "still working on that," and that she was waiting for tax clearance and additional documents to come through.

Following this, Ms O'Reilly sent further correspondence, telling Ms Gabor that "Unfortunately, we cannot meet the condition on the HAP for now. So sorry about that. Thanks”.

Having reached out to Threshold, a representative spoke to Ms O'Reilly on Ms Gabor's behalf, who Ms O'Reilly told that the tenant should seek a landlord who was in a position to accept the HAP scheme. 

Some time later, Ms O'Reilly came back to say she would now comply with the HAP scheme but was looking to end the tenancy. 

The tribunal heard that Ms Gabor had to borrow money from friends and family to cover rent before she received HAP more than seven months after she requested it, and that the uncertainty of her living situation caused a lot of stress for her, with the delay costing her €4,165.

Ms O'Reilly told the tribunal that when she was asked to complete the HAP form, she realised that she had to meet a number of requirements such as a valuation and BER certificate, with the delay in paying the property tax resulting in her not being able to get a tax-free certificate.

The landlord added that her and her husband considered selling the property to pay the tax, and that they had to borrow money to become eligible landlords under the HAP scheme. She told the tribunal that she was happy with the family as tenants and would never discriminate against anyone.

Finding that Ms Gabor was discriminated against, adjudication officer, John Harraghy ordered Ms O'Reilly to pay €7,000 inclusive of the seven months HAP payments of €4,165.