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Home / Rotorua Daily Post

Jabbed or not? Tenants' vaccination status a 'moral dilemma' for landlords and flatmates

Carmen Hall
By Carmen Hall
Multimedia Journalist·Bay of Plenty Times·
17 Nov, 2021 06:00 PM4 mins to read

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People living in flatting arrangements are also wondering if their flatmates are vaccinated or not. Photo/Getty

People living in flatting arrangements are also wondering if their flatmates are vaccinated or not. Photo/Getty

Some landlords say they are caught in a ''moral dilemma'' when selecting prospective tenants during the Delta outbreak.

Most would prefer vaccinated tenants but landlords aren't allowed to ask if they have had the jab under current laws.

And it's not just landlords who are feeling uneasy. People living in flatting arrangments are also wondering if their flatmates are vaccinated or not.

Posts have been appearing on social media accommodation sites seeking flatmates with the stipulation they had to be vaccinated.

However, a person's vaccination status is personal information that falls under the Privacy Act, according to the Ministry of Business, Innovation and Employment.

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Building, tenancy compliance and investigations national manager Steve Watson said the Human Rights Act also prevented discrimination against prospective tenants. It was unlawful not to grant a tenancy to a person due to their race, nationality or disability.

"Disability includes physical illness or the presence in the body of organisms capable of causing illness, this includes Covid,' he said.

Watson advised people in a flat/house sharing arrangement who were at risk to Covid-19 to talk to their landlord and other tenants about precautions that could be taken.

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Tauranga Rentals owner Dan Lusby. Photo / NZME
Tauranga Rentals owner Dan Lusby. Photo / NZME

Tauranga Rentals owner Dan Lusby said he had fielded inquiries from landlords who would prefer to rent to vaccinated tenants if the law allowed it.

It was a ''moral dilemma'' as tenants were also wondering who was vaccinated, he said.

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''Tenants want to know if we are vaccinated or our contractors are vaccinated because we are going into their homes and, on the other side, our property managers and contractors are wondering if the tenants are vaccinated.''

Lusby said his staff could not ask tenants for any personal information unless they volunteered it.

''Who knows where this will end... the courts may have to make a ruling," he said.

''In hindsight, it was to be expected but some people did not realise how many consequences there would be on all of us.''

 Tauranga Property Investors Association president Juli Tolley. Photo / NZME
Tauranga Property Investors Association president Juli Tolley. Photo / NZME

Tauranga Property Investors Association president Juli Tolley said she had seen some queries on the topic in different forums.

It was understandable flatmates would want to know the vaccination status of applicants because they were living in the same household and sharing facilities.

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Rotorua Rentals director Pauline Evans. Photo / NZME
Rotorua Rentals director Pauline Evans. Photo / NZME

Rotorua Rentals director Pauline Evans said while she believed all those who were able to be vaccinated should be, asking if they were was straying into their personal information.

Some tenants offered the information freely because they were proud they had been vaccinated, she said.

A person's vaccination status would probably not influence her decision to rent a property to someone, she said.

Rotorua Property Investors Association president Sally Copeland said although concerns had not been raised by its members, property managers were being careful when inspecting properties.

''We have been fortunate not to have had positive cases until very recently so that has provided some comfort.''

Property managers were wearing masks and calling ahead to see if people were not feeling well.

Visits to some houses had been cancelled but that could have insurance repercussions.

Tauranga student Lucy Brewerton said she was vaccinated and all her flatmates were vaccinated and that made her feel ''safe''.

She said it was great her flatmates had been open with her or else it could have been tricky.

''You know it's quite complicated and I'm not sure where I stand because the Human Rights and Privacy Act are really important but so is health.''

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