Would-be tenant faces strict rules about drugs, noise and parties because she's Brazilian

Felipe Simonetto and his partner's sister, who does not want to be named, are upset about an Epsom landlord's stance. Picture / Jason Oxenham

A would-be tenant has been told that strict drug, noise and party rules will be imposed on her by the landlord because she's Brazilian.

The woman, who did not want to be named for fear it would affect her chances of renting a property in Auckland, has lodged a complaint of discrimination with the Human Rights Commission (HRC).

A commission spokeswoman said landlords or agents who discriminated against people on the basis of race, age, sex, sexual orientation, family status or disability risked breaking the law.

The 31-year-old dog groomer from Brazil had responded to an advertisement on Trade Me for a rental unit at King George Ave in Epsom.

When she requested the tenancy contract after viewing the property, she received this email: "As you are Brazilian, we must impose strict rules as regards parties and other people sleeping or staying at the property along with noise control, drug control and alcohol control terms."

The woman was told she had to agree to these as part of the lease agreement.

"I was shocked and upset," said the woman, who moved to Auckland two weeks ago after spending two years in Mt Maunganui.

"I feel like I have been judged to be a drug addict and a drunk party girl just because I am Brazilian."

She wrote in her complaint to the commission: "I'm shocked with his discrimination, already assuming I'm a drug user and heavy drinker."

Felipe Simonetto, 34, partner of the woman's sister, said he was angry that the tenants were being judged based on their ethnicity and nationality.

The woman was living with them, and had planned to move into the new rental place by the end of the week.

"It is upsetting to know that this landlord seems to imply he has one rule for Brazilians, and others for tenants who come from somewhere else," Simonetto said.

Simonetto said he met the man, who gave his name as John, when they went to view the unit.

The man, Simonetto said, told him the apartment belonged to a family member, but all communications would go through him because the landlords were overseas.

"He was telling us that his family owns about 20 properties in Auckland, and also asked about our ancestry when we told him our surnames," Simonetto said.

"It is insanely difficult to get a rental in Auckland, and it is really upsetting because the unit suited her and it was the one she likes the most."

When contacted by the Herald, the landlords' representative said the matter was a "beat up" and that he did not wish to make any comments.

When Simonetto told the man they were taking the matter to the HRC, he responded by email: "You are free to do as you wish. However the terms are clear as regards the tenancy."

The complaint follows a February complaint against an Auckland plumbing company which allegedly told a woman it wouldn't fix her kitchen pipe because she was South African.

The commission spokeswoman added: "A person's ethnicity should have nothing to do with their ability to rent a place to live in."

New Zealand Property Investors Association executive officer Andrew King said he had never heard of a case where landlords tried to impose such conditions on tenants, particularly in relation to race.

"I would hope that it wasn't widespread. You're actually not allowed, under the RTA [Residential Tenancies Act] . . . to discriminate. A landlord just isn't allowed to do it," he said.

"I've never heard of anything like this before. I imagine something like this would be most unusual."

He said landlords were "caught between a rock and a hard place" because they were not allowed to impose conditions on whether tenants had parties, but they were still responsible if the tenants were annoying neighbours.

"There's a responsibility, but not a lot of tools that the landlord can actually use."