[ad_1]
Property managers could be breaking the law by asking potential tenants to share personal information including bank statements, gender and relationship status, Consumer NZ says.
As part of a study of rental property managers, the watchdog carried out a nationwide “mystery shop” of agents to find out if they were following guidance from the Office of the Privacy Commissioner (OPC).
The exercise revealed one in 10 asked potential tenants to share more personal information than necessary in their applications.
The OPC guidance was designed to help landlords and property managers comply with the Privacy Act and states that a landlord or property manager should never ask a prospective tenant for information protected under the Human Rights Act.
READ MORE:
* Experts warn not complying with privacy rules for rental properties could cost landlords
* Government proposes licensing scheme for rental property managers
* Privacy Commissioner takes aim at intrusive landlords
That includes, sex, sexual orientation or gender identity, relationship or family status, religious or ethical beliefs, colour, race, ethnicity or nationality, physical or mental disability or illness, age, political opinion and employment status.
MONIQUE FORD / STUFF
In an overheated rental market, Rae Ahern, who is non-binary, says they and their friends change how they dress for viewings so they don’t face prejudice.
The guidance also states a prospective tenant should never be asked to provide bank statements for their spending habits to be reviewed.
Mystery shoppers posing as prospective tenants asked rental agents about the information they collect from renters.
In the mystery shop, 10% of agents encouraged the caller to volunteer extra information with a cover letter and “rental CV”, which might include information such as age bracket, gender, relationship status and employment status.
One property manager said, “the more information you give, the better your chances [of securing a rental property]”.
Another agent echoed that sentiment, telling the mystery shopper “the more information you provide [about yourself], the smoother the process”, while another suggested extra information would “make your application stand out from the others”.
As part of the study, Consumer also asked the public to share their experiences of the rental sector. The call-out received one of the highest response rates in the organisation’s history.
Gray, a 25-year-old in Christchurch, said her landlord was asking “some really weird questions”, including how long she had held her current phone number, and her boss’ phone number to verify her place of work.
She was also asked to provide bank statements and salary details.
Alarmingly, 6% of agents asked the mystery shoppers to include bank statements in their application, a request which could breach the Privacy Act.
Consumer NZ chief executive Jon Duffy said the rental market remained tough in many places and many prospective tenants were offering up more information than required just to have a chance to be considered for a property.
“It’s concerning that some renters are expected and encouraged to give up sensitive private information, but it also raises questions about what happens to this information,” he said.
“Property managers could be discriminating against some applicants, based on the information they provide.”
Mystery shoppers also asked how their information would be stored, and 14% of agents became noticeably disinterested in the mystery shopper when they asked about the privacy and security of their information.
One mystery shopper noted, “the more questions I asked, the less interested [the agent] seemed, and [he] almost got annoyed by them”.
OPC developed its guidance in response to growing concern over a power imbalance between tenants and landlords due to a shortage in the housing market.
Privacy Commissioner Michael Webster said some property management agencies were asking for “very detailed” information from prospective tenants.
“Recognising that tenants had little power to challenge those responsible for their housing security, we took a proactive stance to protect the rights and privacy of tenants and prospective tenants.
“We worked with rental agencies and renters’ advocates to develop guidance to clarify the rights and responsibilities of tenants and landlords under the Privacy Act.”
MORNING REPORT/RNZ
Tenant advocates say renters living in poor quality houses are not using the Tenancy Tribunal because they’re afraid of landlords kicking them out. (Video first published in July 2018)
Mystery shopping was one way the OPC could monitor how well the guidelines were being followed and target its compliance activities, he said.
The OPC’s guidance for tenants notes landlords shouldn’t collect unnecessary and intrusive information from prospective tenants.
However, it also states that the amount of information a prospective tenant gives to a landlord when applying for a property is their choice – but the amount of information provided may affect a landlord’s decision to offer a property.
Prospective tenants should not be disadvantaged for refusing to provide information that shouldn’t be asked for at all.
“Renters are feeling pressured to share personal information to sell themselves to a potential landlord or agent,” Duffy said.
“Ultimately it is up to the applicant how much information they share. The way we see it, they are damned if they do and damned if they don’t.
“We hope the findings in this research encourage property agents to clean up their act. The Office of the Privacy Commissioner and Consumer NZ will continue to monitor this space.”
[ad_2]
Source link