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← All answers · Updated 15 October 2026 · By Selvir Suke, Founder
Direct answer

What counts as discrimination in tenant selection in Switzerland?

Discrimination in tenant selection means turning someone down (or filtering, ranking or questioning them) because of who they are rather than whether they fit the flat. Swiss law draws its firm line at race, ethnicity, religion and sexual orientation: refusing a flat offered to the public on those grounds can be a criminal offence (art. 261bis StGB), and a refusal for racist reasons violates personality rights (art. 28 ZGB). There is no general Swiss ban on choosing tenants by age, gender, family status or nationality, but landlords may not ask about marital status, religion or nationality on the application form (EDÖB), and using nationality to exclude an ethnic group can be unlawful. The fair way is to look only at what matters: income, documents, fit with the listing and references. aptari's Match Score works this way and never uses nationality, religion, age, gender, family status or disability.

What the law says, in plain terms

  • Refusing a service offered to the public, such as a publicly advertised flat, because of race, ethnicity, religion or sexual orientation can be a criminal offence (art. 261bis StGB). Whether every single refusal falls under it is not settled in the case law.
  • A refusal for racist reasons also violates the applicant's personality rights (art. 28 ZGB).
  • The equality clause of the Federal Constitution (art. 8 BV) binds the state. Between private parties there is no general ban on choosing tenants by age, gender, family status or nationality.
  • What a landlord may ask is limited by data protection: no questions about marital status, religion or nationality as such on the application form (EDÖB leaflet of 15 July 2025).
  • If a decision is taken by software alone, the person must be told and can ask for it to be reviewed by a person (art. 21 DSG). When a person makes the final choice, as with aptari, the decision is not automated in that sense.

What discrimination looks like in practice

  • Direct: rejecting applicants from a specific country, religion or family status
  • Indirect: neutral-seeming criteria that end up excluding a protected group disproportionately
  • Through ranking software: a model that quietly stands in for protected characteristics (postcode, name, language)
  • Through questioning: asking questions that signal the criterion will be used

How to choose fairly

  • Use objective criteria only · income, documents, fit to the listing, references · and write them down
  • Keep a record of every decision with the inputs and the reason
  • Make sure a person makes the final call, not the software alone
  • Block prohibited filters before a listing goes live
  • Be able to explain every score to the applicant

How aptari keeps it fair

aptari does not read protected characteristics for the Match Score: nationality, religion, age and gender are never used. It looks only at income, documents, how well someone fits what the listing asks for, and references. When an agency creates a listing, aptari blocks unfair filters, and it keeps a clear record of the inputs and the final human decision behind every score.

What an agency risks by getting it wrong

  • Criminal prosecution where a refusal rests on race, ethnicity, religion or sexual orientation
  • Claims for the violation of an applicant's personality rights
  • Losing access to aptari for breaking the rules
  • Reputational damage that spreads fast in tight local markets

See is it legal to score rental applicants with software and how to rank applicants fairly.

General information, not legal advice.

Sources
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