The Legal Bedrock: Article 1 of the Constitution
At the very core of the Dutch legal system lies Article 1 of the Constitution, which establishes the principle of non-discrimination as a fundamental right: "All persons in the Netherlands shall be treated equally in equal circumstances." This is not merely a philosophical ideal; it is a legally binding principle that underpins all aspects of life, including the fiercely competitive housing market. This constitutional mandate is given practical teeth through specific legislation, most notably the Algemene wet gelijke behandeling (General Equal Treatment Act). This act explicitly forbids discrimination by landlords, housing associations, and rental agents (verhuurmakelaars) on a number of protected grounds, including religion, belief, political affiliation, race, gender, nationality, sexual orientation, and civil status (e.g., married, single, or in a partnership).
While the law seems clear, its application in the real world is fraught with challenges. Discrimination in housing is rarely overt. You will seldom see an advertisement that says, "No expats allowed." Instead, it takes on subtler, more insidious forms, often masked by seemingly neutral criteria. This makes it incredibly difficult for a rejected rental applicant to prove they were the victim of discrimination rather than just an unsuccessful candidate. Landlords and agents often hold all the power, operating behind a veil of secrecy in their selection process. Despite strong legal protections on paper, many tenants, particularly those from minority groups, find the lived experience of apartment hunting to be a deeply frustrating and alienating process.
Discrimination in Practice: Common Disguises
Understanding how discrimination manifests is key to recognizing it. Landlords and agents may use coded language or impose requirements that disproportionately affect certain groups.
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On Familial Status & Age: The law prohibits discrimination based on family composition. Refusing to rent to a family with young children for a property of suitable size is illegal. Similarly, a landlord cannot legally reject a tenant because they are a student or a young person, although they can set reasonable income requirements that may indirectly disadvantage these groups.
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On Origin, Race, and Nationality: This is one of the most common forms of housing discrimination. It can be as blunt as a rental agent telling an applicant, "The owner prefers a Dutch tenant." More often, it's implicit. An applicant with a non-Dutch sounding name may find their viewing requests are ignored, or they are told the property is already gone, only to see the ad remain online. Landlords might also insist on requirements that are difficult for newcomers to meet, such as demanding a Dutch guarantor.
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On Income and Contract Type: While landlords have a legitimate interest in a tenant's ability to pay rent, they cannot make blanket rejections based on the source of income. Refusing a tenant because they receive social benefits (
uitkering) or because they have a temporary employment contract (tijdelijk contract) can be considered illegal discrimination, unless the landlord can provide a specific, objective justification that their financial risk is unacceptably high.
The 'Good Landlordship Act' and What You Can Do
Recognizing the persistent nature of this problem, the Dutch government introduced the Wet goed verhuurderschap (Good Landlordship Act) in 2023. This law aims to provide municipalities (gemeenten) with more direct power to tackle discrimination. Under this act, landlords and agents are legally required to have a clear, objective, and non-discriminatory selection procedure. They must inform all candidates of this procedure and, if a candidate is rejected, they must be able to explain the reason upon request. This forces a degree of transparency into what was once an opaque process.
If you suspect you have been discriminated against, your power lies in reporting it. The first step is to document everything: save screenshots of the advertisement, keep all email correspondence, and make detailed notes of phone conversations. You should then file a report with your local antidiscriminatievoorziening (ADV), an independent agency that investigates discrimination complaints. You must also report it to the special hotline (meldpunt) for housing discrimination that your municipality is now required to have. While a single complaint may not result in immediate justice for you, every report helps build a case against rogue landlords and agents, allowing the municipality to intervene, issue warnings, and ultimately levy substantial fines or even revoke a landlord's right to rent out property.
