A landlord has the right to verify whether a prospective tenant has an income at least three times the rental price, according to a 30 March ruling by the Council of State, the National Association of Property Owners, SNPC, reported on Monday.
The case originated from a dispute between the joint owner of an apartment and Brussels-Capital Region.
Following a complaint, the Regional Directorate for Housing Inspection fined the landlord for discrimination based on financial means after he rejected a couple’s rental application because their income fell below the required threshold.
The fine was upheld after an appeal.
While the Brussels Housing Code prohibits discrimination based on financial means, the law also permits landlords to assess whether a tenant can afford the rent in question.
The Council of State noted that the preparatory works for the Housing Code demonstrated an established practice requiring rent and charges to remain under one-third of household income to ensure financial solvency.
The court ruled that this practice was neither unreasonable nor intended to be challenged by lawmakers.
The SNPC welcomed the decision, saying it provides vital legal clarity.
In contrast, the National Tenants’ Association said that while it understood the legal reasoning, the core issue remained the disproportion between rental prices and tenants’ purchasing power.
It called for rental prices to be aligned more closely with the true value of properties, noting that the rent price regulation introduced in Brussels in May 2025 was a positive initial step.
