The Trans Law on rent


The government has finally unblocked the Trans Law that had been stalled since February due to an agreement on gender self-determination. This law also has repercussions on the real estate world, and specifically on renting.

The Trans Law in the real estate world

The draft bill of the Trans Law has been approved by the Council of Ministers and can now begin its processing in Congress. This has happened just in the month of Pride and in the week in which Pride Day is celebrated.

One of the LGTBI discrimination offences included in this new regulation, which is also classified as "very serious", is refusing to rent to an LGTBI couple. This type of offence carries a fine of up to €150,000.

Furthermore, this new law reverses the burden of proof, i.e. the person accused of discrimination will have to prove his or her innocence.

The preliminary draft of the Trans Law includes a series of measures to protect against sexual and gender discrimination, which is why a sanctioning regime has been established that can be extended to all areas of life (personal, educational, work, health, sport and leisure),

The newspaper The World points out that for the Ministry of Equality this is a "fundamental issue in anti-discrimination law", which is already contemplated in other laws that are already in force and that its origin is in European regulations. And the newspaper gives an example, such as the law that governs all contentious-administrative jurisdiction, to which in 2007 it was added that in proceedings on "discriminatory actions" on grounds of sex "it will be up to the defendant to prove the absence of discrimination in the measures adopted".

For the time being, the government has not published the draft law, but we will have to keep an eye on it to keep up with the law.

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