Expansions to the Human Rights Act were approved by senators this week despite concerns over the potential impact on landlords.

Lindsay Simmons, the Junior Minister of Youth, Social Development and Seniors, said the Human Rights Amendment Act 2026 was intended to close legal gaps identified by the Human Rights Commission.

She said the amendments would prevent those who receive government financial support from being refused housing or services, and prohibits discrimination against a person because of their association with someone with protected characteristics.

Ms Simmons said: “When a person is denied an employment opportunity due to political opinions of an individual they are associated with, this is not discriminatory under the law.

“Or a landlord refuses to rent an apartment to an individual because their cousin has a criminal record or their business partner is from the Philippines. Both examples are not deemed discriminatory under the current law.”

She told senators the amendments would also close a “landlord exception” that allowed landlords letting out one or two units in buildings where they or their family reside to discriminate in deciding whom to accommodate.

Ms Simmons added: “It is evident from the feedback provided that members in our community are being discriminated against while residing in such accommodations or are seeking to rent these properties in Bermuda.”

She said the HRC would release public guidelines on the changes and exemptions in the law.

Tarik Smith, the opposition senator, said that the One Bermuda Alliance supported protections from discrimination as “fundamental” to fair society.

However, he expressed concern about the Government removing the exemption for landlords renting out units at their home, stating that it could cause homeowners to remove the units from the market altogether.

Mr Smith said: “These owners are not simply providing accommodation. They are sharing their property, their surroundings and in many cases their day-to-day living environments with tenants.

“That reality is very different from large, commercial landlords renting apartments in a larger complex.”

Tawana Tannock, the independent senator, agreed with protecting those who receive financial support from discrimination.

However, she said, she was extremely concerned about amendments that, according to her, would put those with criminal convictions “squarely” in a protected class like race and gender.

Ms Tannock said the human rights legislation was drafted in a specific way to ensure that those with criminal records are not discriminated against unless it is justifiably reasonable — but did not make them a protected class.

She said: “They should not be subject to discrimination, but that does not mean that they are a protected class. A protected class is because of something that is an inherent trait or belief, normally something you have been born with.”

Kim Wilkerson, the Attorney-General, denied the assertion that the amendments would make those with criminal records a protected class, stating that there was an established carve-out for valid reasons.

She added: “If you live in a home with two apartments and someone is released from incarceration and they had a history, whether it was 20 years ago or ten years ago, of being a sex offender, that would be a valid reason for a person with small children to say I'm not going to rent my accommodation to that person.

“That's a valid reason. We understand that.”

Ms Tannock also objected to the landlord exception, stating that the rule was similar to clauses in Canada and Britain.

She said: “In the UK, a private individual cannot sue another private individual on a matter of housing because they are not allowed to live in that private individual's home.”

Victoria Cunningham, Opposition leader in the Senate, noted that the Government has said it was working on new legislation to address landlord/tenant matters, questioning the urgency to push forward with the amendments that remove protections from landlords.

She said: “We already see them withdrawing from the rental market, converting their units into short-term vacation units or even leaving them empty.

“I think we don't have a shortage of empathy in this chamber and we see it on a weekly basis, but we do have a shortage of rental housing in this country.”

Mischa Fubler, the government senator, said that becoming a landlord was a “commercial decision” but housing was a human right, adding that once someone has paid their debt to society, they should be treated fairly.

He said: “While I sympathise with those who have already entered into this commercial endeavour and now rely on the income, I would pose the argument that if they are so dependent on that income, they will make it work.

“They still need to earn the rent if they need it.”

Responding to the comments, Ms Simmons said that landlords could still choose their tenants, but would be prohibited from discriminating based on aspects such as race and sexual orientation.

She said: “Prospective landlords have been able to refuse to rent to prospective tenants because they are Bermudian, because they are living with a partner that they are not married to.”

Ms Simmons also denied that the legislation would make those with criminal convictions a protected class, adding: “I'm not going to want a sex offender living in my apartment because I have children. This is not a new policy.”

While Ms Cunningham urged the Government to rise and report progress on the Bill in order to answer concerns, Ms Wilkerson said that nothing had been put forward to potentially “fix” the Bill.

She added: “Progress has been made already, and it is here in this piece of legislation.”