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WRC awards James (Seamus) Burke €5,000 after landlord refused HAP forms

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded James (Seamus) Burke €5,000 after finding that his landlord, John Coyle, discriminated against him on the housing assistance ground. The decision was dated 29 March 2023.

Burke rented a property from Coyle and became eligible for the Housing Assistance Payment in 2021. He repeatedly asked Coyle to sign the forms, but Coyle said he would do so if Burke agreed to pay increased rent. Burke later left the accommodation and obtained another home through the scheme.

The officer found there had been no genuine attempt to complete the forms and that increased rent was not a legitimate reason to refuse. Burke established a prima facie case of discrimination, which Coyle did not rebut. Under the Equal Status Act, a prima facie case is enough to shift the burden to the respondent to show that discrimination did not occur.

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