Housing discrimination in Spain and what evidence proves it

Key rules

• Protected grounds: Refusing you a flat because of your origin, religion, disability, sex, age or similar grounds is unlawful, whatever your residency status.
• Burden of proof: Once you show indications of discrimination, the other side must prove its decision was objective and proportionate.
• Fines: Fines run up to 10,000 euros for minor breaches, 10,001 to 40,000 euros for serious ones and 40,001 to 500,000 euros for very serious ones.
• Evidence: Save the ad and messages in original form before they can be edited or deleted.

When a refusal is unlawful

A landlord, seller or agent cannot refuse you a flat because of who you are. Spanish equality law protects you whatever your nationality or residency status. Protected grounds include:

• racial or ethnic origin
• sex
• religion
• age
• disability
• sexual orientation or gender identity
• illness
• language
• socioeconomic situation
• any other personal or social condition

The ban covers the whole process: the advert, the viewing, the offer, the sale or rental, and access to housing services. It applies to landlords, sellers and intermediaries such as agencies. A separate housing law, in force since 26 May 2023, also requires equal treatment in access to housing. It gives extra protection to people with disabilities, families, victims of violence and other vulnerable groups.

Indirect discrimination counts too. That is a rule that looks neutral but hits one group harder, for example "no foreigners' contracts" or "Spanish payslips only" when it is not justified. Harassment and retaliation for complaining are also discrimination.

A discriminatory clause or act is void. You can ask a court for compensation and for the practice to stop.

Why evidence matters

You do not have to prove everything. Once you show indications of discrimination, the other side must prove its decision was objective and proportionate. So your job is to collect enough to make discrimination look likely, and to do it before anything is deleted.

Courts accept any kind of proof: documents, screenshots, witnesses, expert reports, recordings and statistics. A comparison can show indirect discrimination, for example a similar applicant with a different background who got the flat. A test enquiry, where someone else applies with a different profile, is accepted as an indication.

The documents list and the proof checklist below show what to gather and how. Do these first:

1. Screenshot the ad now, with the date and the full page.
2. Keep the whole message thread in its original app or email.
3. Write down dates, places and the exact words of each refusal.

If the refusal was by phone or in person, you can ask for the reasons in writing. The template below does this. A refusal to explain, or reasons that change, can themselves be useful evidence.

Where to complain

Pick the route that fits. You can use more than one.

• Consumer office. Take the complaint to your regional or town consumer office (OMIC) using the hoja de reclamaciones. This suits agencies and professional landlords.
• Racial or ethnic discrimination. You can also report to the council set up to combat racial or ethnic discrimination. A new independent equality authority is planned. Check whether it is operating yet.
• Housing authority. Your region applies the housing law's penalties, so ask your regional housing department too.
• Police or prosecutor. If there are threats, hate or insults, report to the police or Guardia Civil, or to the hate-crime prosecutor.
• Court. You can bring a civil claim for compensation. Get a lawyer's advice before you do.

Sending a complaint to the wrong body is a common mistake. If unsure, start with the consumer office and ask where else to go.

What the penalties are

Fines for discrimination in housing and services run up to 10,000 euros for minor breaches, 10,001 to 40,000 euros for serious ones and 40,001 to 500,000 euros for very serious ones. Higher fines tied to the profit obtained are possible. A "minor" label does not mean the case is trivial, so do not drop it.

Do not let it pass

Act soon. Ads get edited, chats get deleted and memories fade. Even if you do not file straight away, keep your proof safe.

Documents you need

• Documents showing the refusal, such as the original ad, the landlord's or agency's messages and any written reply.

• Screenshots of the ad and the conversation, showing the date and the full page.

• Recordings of conversations you took part in.

• Written statements or contact details of witnesses who saw or heard the refusal.

• An expert report, for example on the authenticity of digital files, if the case is important.

• Comparison material, such as statistics or a similar applicant who got the flat, to show indirect discrimination.

Proof checklist for job, housing and service discrimination

Proof to gather

• Save the original ad before it is edited or removed, with a screenshot showing the full page, the web address and the date.

• Keep every message with the landlord or agency in its original app or email, and do not delete the thread.

• Keep the original files and their details, not only copies, so you can show they are genuine.

• Ask a notary for a record of the ad or messages (acta notarial) if the case matters, or hire a computer expert or a trusted certification service, in case the other side disputes your screenshots.

• Write down the names of anyone who saw or heard the refusal, with their contact details, and ask them to describe what happened in writing.

• Record a conversation only if you take part in it, and do not record talks between other people. Skip private or family topics, and keep the original audio file.

• Collect comparison evidence, such as a similar applicant with a different background who got the flat, or a test enquiry sent by a friend with a different profile.

• Note the dates, places and exact words of each refusal in a single timeline while your memory is fresh.

What to watch out for

• Complaining to the wrong body: A complaint sent to the wrong office can lose time. Housing refusals are usually handled by the consumer office, while criminal conduct goes elsewhere. Use the consumer office (OMIC) for a service or housing refusal, the racial and ethnic discrimination council if race or ethnicity is the ground, and the police or hate-crime prosecutor if the conduct looks criminal.

• Assuming a minor breach means a minor fine: Fines run up to 10,000 euros for minor breaches, 10,001 to 40,000 euros for serious ones and 40,001 to 500,000 euros for very serious ones. Higher fines can apply if the landlord profited. Describe the facts fully in your complaint so the office can classify the breach correctly.

• Letting a refusal go unchallenged: A discriminatory refusal is unlawful, and acts or clauses based on it are void. Staying silent can leave you without remedy such as compensation. Keep your proof and file a complaint or claim as soon as you can.

Template asking a landlord or employer for their refusal reasons in writing

A private landlord or employer does not have to give reasons for refusing you, but cannot refuse on a protected ground. So this message is a polite request, not a demand, and an answer is not guaranteed. Its value is that it creates a written record. If you later suspect discrimination, that record, together with any reply or silence, is something you can show.

How to use it

• Keep it short, neutral and factual. Do not accuse anyone.
• Send it by email or another channel that leaves a trace, and keep a copy.
• Fill in the blanks in square brackets. Delete the other version.

Message for a refused flat

Estimado/a Sr./Sra. [Nombre]:

Le escribo en relación con mi solicitud de alquiler del inmueble situado en [dirección], del día [fecha]. Agradezco su respuesta.

Le agradecería que me indicara, si es posible, los motivos por los que no se ha aceptado mi candidatura, para poder tenerlos en cuenta en futuras solicitudes.

Quedo a su disposición para aportar la documentación que sea necesaria.

Un cordial saludo, [Nombre, teléfono]

Message for a rejected job application

Estimados señores:

Me dirijo a ustedes en relación con el proceso de selección para el puesto de [puesto], en el que participé el [fecha]. Les agradezco la información recibida.

Les ruego que me comuniquen, si les resulta posible, los criterios o motivos por los que no he sido seleccionado/a, con el fin de mejorar mi candidatura.

Asimismo, ejerzo mi derecho de acceso a los datos personales que conservan sobre mí, conforme a la normativa de protección de datos.

Atentamente, [Nombre y DNI/NIE]

Small changes

• Public-sector job selection: add the line "Solicito vista del expediente." Public bodies must publish results and criteria, and you can ask to see your file.
• Housing, no data request: the data-access sentence belongs only in the job version. Leave it out of the housing message.

If there is no reply

Silence is common and is not an offence on its own. Keep the message, the date you sent it and any other messages from the landlord or employer. Those are the starting point if you later decide to complain.

Frequently asked questions

Where can I report a landlord who refused me because of my origin?

You can report it to your regional or municipal consumer office (OMIC) using the hoja de reclamaciones, the official complaint form. For racial or ethnic grounds you can also go to the council that deals with racial and ethnic discrimination. If you think the conduct is hate-motivated or criminal, report it to the police, the Guardia Civil or the hate-crime prosecutor.

Can I go to court over a refused flat?

Yes, you can file a civil claim in court, and discriminatory acts or clauses are void, with compensation and an order to stop as possible remedies. The law protects everyone in Spain whatever their nationality or residency status. It covers landlords, sellers and intermediaries such as agents.

Does the housing law add protection against discrimination?

Yes, the 2023 housing law also requires equal treatment in access to housing, and it works alongside the equal treatment law. Ads must carry accurate data on the property, price and conditions. People with disabilities, families, victims of violence and other vulnerable groups get specific protections, and the regions apply the sanctions.

Do statistics or a test enquiry count as evidence?

Yes, comparison and statistical data can establish indirect discrimination, and a test enquiry is accepted as indicative evidence. Courts accept any means of proof, including documents, witnesses, expert reports, recordings and screenshots.