NSWIn ForceAct
Anti-Discrimination Act 1977
49NAccommodation
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#### 49N Accommodation
49N Accommodation
> > (1) It is unlawful for a person, whether as principal or agent, to discriminate against a person on the ground of disability—
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> > > (a) by refusing the person’s application for accommodation, or
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> > > (b) in the terms on which the person is offered accommodation, or
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> > > (c) by deferring the person’s application for accommodation or according the person a lower order of precedence in any list of applicants for that accommodation.
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> > (2) It is unlawful for a person, whether as principal or agent, to discriminate against a person on the ground of disability—
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> > > (a) by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or
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> > > (b) by evicting the person, or
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> > > (c) by subjecting the person to any other detriment.
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> > (3) Nothing in this section applies to or in respect of the provision of accommodation in premises if—
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> > > (a) the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, on those premises, and
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> > > (b) the accommodation provided in those premises is for no more than 6 persons.
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> > (4) Nothing in this section applies to the provision of accommodation in premises where special services or facilities would be required by the person with a disability and the provision of such special services or facilities would impose unjustifiable hardship on the person providing or proposing to provide the accommodation whether as principal or agent.
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> > (5) Nothing in this section applies to the provision of accommodation to persons who have a particular disability by a charitable body or other body that does not distribute its profits to members.
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> > (6) Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the person who provides the accommodation.
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> **s 49N:** Ins 1981 No 15, Sch 1 (3). Am 1981 No 15, Sch 2 (20); 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).