Fighting discrimination when renting a property

The owner-lessor of a property has the right to choose his tenant among several candidates. On the other hand, he/she must be careful with his/her selection criteria to avoid any risk of discrimination.

Discrimination is acting or behaving in such a way that one disadvantages certain people by treating them differently because of their origin, their sex, their handicap, ...
In the case of a rental, it is forbidden to refuse a tenant on the basis of certain criteria considered as discriminatory (national or ethnic origin, physical appearance, sex, age, sexual orientation, etc.). ..).

If a tenant feels that he/she has been discriminated against, he/she may file a complaint against the owner.

A - Authorized selection criteria
To select a tenant amongst others, the owner has the right to rely on objective criteria having to do with the tenant's financial situation.
Examples: income level, presence of a guarantor, professional situation (permanent or fixed-term contract).

B - Discriminatory Selection Criteria
The following criteria may not be used in the selection of a tenant applicant and are considered discriminatory:

• Age
• Physical appearance
• Genetic characteristics
• Banking status
• Health status
• Pregnancy
• Disability
• Gender identity
• Spoken language (ability to speak in a language other than French)
• Place of residence
• Morals
• Name
• Philosophical views
• Political views
• Gender orientation
• Origin
• Particular vulnerability related to economic status
• Loss of autonomy
• Pretended race, ethnicity, nationality : belonging or not belonging
• Religion: belief or belonging or not belonging
• Gender
• Family status
• Unionism

C - Penalties
In case of discrimination, the owner-lessor incurs a penalty of up to:

• 3 years of imprisonment,
• and 45,000 € fine.

D - Fight against discrimination on MorningCroissant
We take this topic very seriously and to heart, both to protect tenants and owners (see sanctions above).
Our processes are built to avoid the risk of discrimination.
For example, tenants' applications are handled & checked by order of arrival: 1st complete application received, 1st application checked. 
Besides, the principle of non-discrimination is written into our terms of use (article 5.1) and into the management mandate signed by owners registered on our platform.

Source Service-public.fr
https://www.service-public.fr/particuliers/vosdroits/F14750