On top of this, an agent could additionally be subject to a criminal trial if the test uncovers “incitement to discrimination.” A crime under Belgian law since 1981, this offense covers instances in which the accused can be proved to have intended to actively incite discrimination or racial hatred in a public place.
The second type of test approaches the problem from the landlord side. Under this model, someone posing as a landlord will offer their rental home for marketing to a leasing agent—but on condition that the agent agrees to exclude certain groups of prospective tenants. If the agency agrees to the condition, and promises to discriminate, they will be liable to the same penalties as mentioned above.
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Tests like these may be new to Brussels, but the problem they seek to rectify is certainly well documented. A 2014 study conducted in the city by the Free University of Brussels and the University of Gent used such mystery-shopper type tests, and found that 23 percent of men with a North African name and 21 percent of men with a sub-Saharan African name faced systematic discrimination. Among women, 12 percent of women with a North African name and 23 percent of women with a sub-Saharan African name also faced systematic rejection by agents. Race was by no means the only factor in discrimination, however. In total, 29 percent of people with learning difficulties also faced discrimination, as did 23 percent of welfare recipients, whose rental payments are supported by the Belgian state and against whom it is illegal to discriminate.
These findings would likely come as no surprise to minority residents of the city, who anecdotally report that finding somewhere to live can be a nightmare if you fall outside the groups that agents and landlords consider desirable. As “Maria,” a mother of three on a livable monthly salary of €2,500 ($2,750), told Belgian national broadcaster RTBF, her background sees her systematically rejected:
When I call real estate agencies, I submit an application but it never works—and I’m never given any explanation as to why. Now to save time, I tell agencies that I’m of foreign origin. Some tell me [after rejecting my application] that it’s not their fault, but that of the owners … I have to bring someone along [to viewings] because if I’m accompanied by a Belgian I have more luck. It’s offensive.
While such experiences seem to be common in Brussels, victims of discrimination rarely report them, aware of the difficulty of proving the case. This reluctance stems in part from past negative experiences. Out of all cases brought to trial under Belgium’s discrimination law, three out of four are rejected, a singularly low conviction rate that may well dissuade victims of discrimination from pursuing redress through legal means.
Taken against this backdrop of low conviction in the past, it’s far from clear whether or not the new tests will need have the intended effect in lessening this type of discrimination. They would need to be properly resourced to pose a meaningful threat to misbehaving realtors and, while the policy was adopted in September, testing has apparently not yet officially begun.