Housing discrimination (Human Rights Code)임대 차별 금지 (인권법)

What is it?

Section 2 (1) of Ontario’s Human Rights Code says every person has a right to equal treatment, without discrimination, in the occupancy of accommodation (living in a home). Section 2 (2) gives the right to be free from harassment by the landlord, the landlord’s agent (such as a superintendent), or someone living in the same building.

According to Ontario Human Rights Commission (OHRC) policy, this applies when you rent any unit: an apartment, condo, co-op or house. It covers choosing tenants, evictions, building rules, repairs, use of services and facilities, and the general enjoyment of your home.

The Code applies to both tenants and landlords. It is a different law from the Residential Tenancies Act (RTA), and applications under the Code go to the Human Rights Tribunal of Ontario (HRTO), not the Landlord and Tenant Board (LTB).

Protected grounds

• Race, ancestry, place of origin, colour, ethnic origin
• Citizenship: the OHRC says this includes refugee status.
• Creed (religion)
• Sex: the OHRC says this includes pregnancy. Sexual orientation, gender identity and gender expression are also protected.
• Age: in the Code, "age" means 18 or older. A 16- or 17-year-old who has left their parents’ control also has the right to rent without age discrimination (section 4).
• Marital status: married, single, widowed, divorced, separated, or living together
• Family status: being in a parent and child relationship. Refusing someone because they have children falls here.
• Disability, and receipt of public assistance
• The OHRC says you are also protected if you face discrimination because you are a friend or relative of someone in these groups.

What a landlord may and may not ask

• May ask (O. Reg. 290/98): credit references, rental history, and permission for a credit check. Income information may be asked only if those are also requested, and must be looked at together with them. A landlord may also require a guarantee for the rent (a guarantor) and a deposit that follows the RTA.
• The OHRC says that "Regulation 290/98 under the Code permits no other inquiries."
• An income-ratio rule such as "rent must not be more than 30% of income" is illegal. The landlord may only check that you have enough income to pay the rent (subsidized rent-geared-to-income housing is the exception).
• Having no rental history or no Canadian credit history must not be treated like a bad history. This often affects newcomers and refugees.
• A guarantor may be required only if the same rule applies to every applicant, not just to newcomers or people on social assistance.
• The Human Rights Tribunal has found that asking for applicants’ ages on an application form can be family status discrimination. If a landlord asks how many children you have, the landlord must show there was no discrimination. The OHRC says that if the information is really needed, ask after the application is approved. It also advises not using Social Insurance Numbers (SIN) for credit checks.
• See the "Tenant screening" entry for the detailed screening rules.

These can be discrimination

• Ads: "adults only", "not suitable for children", "suitable for a single person or couple", "working people only", "professionals only". Section 13 of the Code bans notices and signs that show an intent to discriminate.
• Hidden messages: saying a building is "quiet", "not soundproof" or "geared to young professionals" and then refusing a family with children can be evidence of family status discrimination.
• Saying a unit is "already rented" after hearing someone’s name or accent. The OHRC policy notes this has been called "linguistic profiling".
• Asking only newcomers to pay up to 12 months’ rent in advance, or asking for "key money" larger than the law allows. This also breaks the RTA.
• During the tenancy: ignoring repair requests from one group, or making insulting comments about someone’s origin or family. In one case a tribunal found that refusing South Asian tenants because of stereotypes about cooking odours was discrimination.

Disability and the duty to accommodate

A landlord has a duty to accommodate needs related to Code grounds, up to the point of "undue hardship". For example, a landlord may need to make changes to a unit, a building entrance, sidewalks or parking for a tenant with a disability.

This covers rules as well as buildings. For example, a strict "no pets" rule can discriminate against a person who uses a service animal.

Both sides must work together, and the tenant may need to share relevant medical information. The landlord must keep it private. If the best solution would cause undue hardship, the landlord must still put in place an interim or next-best solution.

When the Code does not apply

• A home where you must share a bathroom or kitchen with the owner or the owner’s family (section 21 (1)). The owner may then choose who lives there. A basement unit with its own kitchen and bathroom is not covered by this exception.
• A sex restriction where the whole building (other than the owner’s family’s space) is for men only or women only (section 21 (2)).
• A simple personality conflict that has nothing to do with a Code ground.
• Special programs that help disadvantaged groups (for example, housing for older people or people with disabilities) are allowed.

If you face discrimination

1. Keep evidence: screenshots of the ad, texts and emails, dates and notes of calls, and the answers other people got about the same unit.
2. Apply to the Human Rights Tribunal of Ontario (HRTO) within one year of the incident, or within one year of the last incident if there were several (section 34 (1)). A late application may be accepted if the delay was in good faith and no one is seriously harmed by it.
3. The Human Rights Legal Support Centre, set up under the Code, gives advice and legal services for applications to the Tribunal. A community legal clinic can also help.
4. The Tribunal can order money for your losses, including injury to dignity, feelings and self-respect, and order steps to prevent future discrimination (section 45.2).
5. Punishing you, or threatening to, for claiming your rights or applying is also banned (section 8).

For landlords and agents

• The OHRC says many small landlords who rent out part of their own home wrongly believe they can pick tenants any way they like. Unless you share a bathroom or kitchen, once you offer a rental to the public you must choose without discrimination.
• Ask every applicant for the same documents under the same rules. If several people apply, keep a record of why you chose one (for example, they applied first).
• Check your ad wording. Instead of "adults only", "working people only" or "suitable for a single person or couple", describe the home: rooms, rent, move-in date.
• The OHRC says agencies hired to find tenants must not screen in a discriminatory way either. The same rules apply to rental ads and applications handled by agents like me.