A couple in Tokyo were all set to move into a new home when a real estate agent abruptly relayed a message from the apartment management company.

“We regret to inform you that we cannot proceed with the contract.”

They repeatedly tried to get an explanation from the company but could not gain access.

The couple then realized the company’s decision to reject their application came soon after the property owner learned about their mental disabilities.

DISCRIMINATION ‘NOT RARE’

The Law on Eliminating Discrimination against Persons with Disabilities was enacted in 2016, but it does not stipulate any penalties for violators.

Tetsuya Sasaki, director of the NPO Tokyo Koudeneito (Tokyo coordinate), a nonprofit organization based in Tokyo’s Machida that supports mental disabled people in housing, said such discrimination cases are “unfortunately not rare.”

His organization receives more than 100 inquiries annually about rental rejections that are often not clearly explained.

“Even with the same diagnosis, symptoms vary widely,” Sasaki, a licensed social worker, said. “Property owners often don’t know how to respond and choose to avoid the situation altogether.”

The Tokyo couple, a 36-year-old corporate worker and his 26-year-old partner, have mental disabilities, including persistent depressive disorder and panic disorder.

Although they sometimes experience symptoms, such as a lack of energy or feeling unwell in crowded places, they live their daily lives without significant disruptions.

Both work in clerical roles at private companies.

The man said they were seeking to move into a better-equipped apartment.

In July, they found a property they liked and submitted an application, including ID, a certificate of income and a tax statement, to a major real estate agency.

The next day, they received a message via social media from the agent, saying their application had been “approved.”

They were also asked about their preferred move-in date.

Two days later, the same agent contacted them again, saying the property management company had questions.

The man’s tax certificate included a mark indicating eligibility for a disability tax deduction.

The property owner had apparently noticed this and wanted more details.

After the husband disclosed their diagnoses, the agent relayed the management company’s rejection the next day.

This was the first time they were denied an apartment.

The man believed their steady income had helped them pass the screening process during previous moves, so he asked the agent to negotiate with the management company.

The agent quoted the property owner as saying: “This is the first time we’ve encountered such a case. After careful consideration, we’ve decided to decline.”

The couple asked for a further explanation.

According to the agent, the management company learned about the couple’s mental condition through the disability mark on the tax certificate, and implied that the couple had tried to conceal the fact.

The agent said if the property owner “discovered undisclosed information after tenants move in, it could lead to distrust.”

Because all communication was done through the agent, the couple never received a direct explanation from the company.

“I felt their attitude had changed completely once they found out about our disabilities,” the man said. “It was heartbreaking that we weren’t even given a chance to talk on an equal footing. Now I’m afraid of what might happen if someone finds out about our disabilities.”

MANAGEMENT COMPANY’S CLAIM

The real estate agent told The Asahi Shimbun that the initial “approval” of the couple referred only to screening by a rent guarantor company, and that final approval was never given.

He said he didn’t know if the rejection of the couple was related to their disabilities, adding that the comment about “undisclosed information” was his own opinion, not the property owner’s.

The agent said the couple should have voluntarily disclosed their disabilities to allow the property owner to prepare for their residence, such as asking neighbors for cooperation.

The real estate agency denied engaging in any discriminatory behavior but declined to comment further, citing contractual obligations.

The property owner declined The Asahi Shimbun’s request for an interview.

BARRIERS TO HOUSING ACCESS

The Ministry of Land, Infrastructure, Transport and Tourism’s guidelines say that rejecting tenants due to disability is “unjust discrimination.”

A 2023 survey by the Japan Property Management Association found that about 70 percent of 500 property management companies nationwide said property owners had no objection to renting to disabled tenants.

But in areas outside of major urban areas, about 80 percent of respondents said such objections existed.

Lawyer Hiroki Hatano, an expert on disability discrimination, said the Tokyo couple’s case was clearly a “rejection based on disability.”

He emphasized that tenants are not legally required to disclose their disabilities when applying for housing, and that the management company’s claim is a typical example of unfair treatment.

Even under the principle of “freedom of contract” as stipulated in the Civil Code, Hatano said lenders should engage in constructive dialogue, including creating opportunities to exchange opinions, instead of simply rejecting applicants unilaterally.

He added that disabled people often carry the burden of dealing with such issues on their own.

In addition, he said the Law on Eliminating Discrimination against Persons with Disabilities is still in its early stages of raising awareness.

Hatano said actual cases will be gradually incorporated into the law’s framework.

“If you feel something is wrong, please consult a local support center,” he said.

The Cabinet Office operates a consultation service for disability discrimination, via phone (0120-262-701) and email (info@mail.sabekai-tsunagu.go.jp).

Businesses unsure of how to respond to disabled customers or clients can also seek advice. Inquiries are referred to appropriate local authorities.