Housing corp. did not protect Jewish couple sufficiently after discrmination: ruling

Housing corporation Rhenam Wonen did not sufficiently protect a Jewish couple from discrimination by neighbors, the College for Human Rights ruled on Tuesday. The couple reported multiple anti-Semitic insults, threats, and vandalism over a period of three years, but the housing corporation did little beyond referring them to the police. Rhenam Wonen acted too passively and failed in its obligation to ensure a discrimination-free living environment, the College ruled.

Almost immediately after moving in 2019, the Jewish couple started facing insults, threats, and vandalism, including swastikas on their home and urine in their letterbox. “The tenants saw an anti-Semitic pattern in the incidents and felt discriminated against. They made this known to the housing corporation several times,” the College said.

After several reports, Rhenam Wonen referred the couple to the police, but did little else, the couple argued. The tenants believe that Rhenam failed to take sufficient action against the discrimination and, therefore, failed in its duty as a landlord to ensure a discrimination-free living environment.

Rhenam Wonen argued that it did fulfill its duty of care. It referred the couple to the police because there were serious incidents that fell under criminal law. Rhenam argued that it was not its responsibility to investigate criminal offenses and it was not always clear who was involved in the incidents and, therefore, who Rhenam should take action against.

The College for Human Rights ruled in the tenants’ favor. The file showed that Rhenam first invited the couple for a meeting in 2022 - by that time, the incidents had been happening for several years, and the couple had filed multiple reports. “The College is of the opinion that the housing corporation had a passive attitude in this regard.” Rhenam did not explain why it couldn’t conduct further investigations or enter into discussion with the residents after the reports, the College said.

“Although the tenants did not always make clear whether other tenants were involved in the incidents, and the more serious incidents could also be reported to the police, this does not absolve the housing corporation of this duty of care,” the College said. “The deteriorating relationship between the parties and the coercive attitude of the tenants towards Rhenam do not change this.”

The housing corporation said it was disappointed by the ruling. “Rhenam Wonen stands for equal treatment for all our tenants,” the housing corporation said on its website. “We will learn from this ruling and will work on it. We have already started an investigation into our process for complaints about discrimination and harassment and how we can improve this in the future.”