A property owner has the right to verify whether a prospective tenant has an income that is at least three times the rent. This is evident from a judgment of the Council of State.
Hans Renier
Journalist at HLN
Source: Belga
The National Syndicate for Owners and Co-owners reported on Monday that the Council of State ruled this in a judgment on March 30. The legal procedure arose from a dispute between the co-owner of an apartment and the Brussels Capital Region.
Following a complaint, the Directorate of Regional Housing Inspection (DGHI) imposed a fine on the owner for discrimination on the basis of wealth. The landlord had rejected the candidacy of a couple because their financial resources did not exceed the threshold of three times the rent. The authorized official of the Region confirmed the fine after an appeal had been lodged.
Discrimination or not?
Although the Brussels Housing Code indeed prohibits discrimination on the basis of assets, the legislator also stipulates that a landlord may check whether a candidate has sufficient resources to pay the rent.
“The preparatory work for the Brussels Housing Code shows that an established practice has emerged whereby rent and charges may not exceed one third of the family income in order to guarantee future solvency,” the Council of State said.
According to the court, the legislator was aware of that practice and did not intend to question it. The requirement was therefore not disproportionate and did not in itself constitute discrimination, the decision stated.
Rental prices vs. purchasing power
The National Owners and Co-owners Syndicate is pleased with the decision, which “provides important legal clarity”.
The Tenants’ Syndicate says it understands the legal argument, but points out that the real problem is “the disproportion between rents and the purchasing power of tenants.” According to the organization, rental prices should be better aligned with the actual value of homes. The rental price regulation that has been in force in Brussels since May 2025 is seen as a good first step.
