Understanding your rights under the Alberta Human Rights Act
The Alberta Human Rights Act protects people with disabilities, including many mental health conditions, from discrimination in tenancy and housing. Protected conduct can include refusing to rent, imposing different rules, or evicting a tenant because of behaviour linked to a disability. You can learn more about filing a human rights complaint and the formal complaint form below [1].
Common examples of discrimination
- Refusal to rent because a landlord believes a tenant's mental health condition is a risk.
- Eviction or threats of eviction tied to disability-related behaviour without considering accommodation.
- Denying a tenant the right to keep a support person or service animal without assessing reasonable accommodation.
What is reasonable accommodation?
Reasonable accommodation means changes or supports a landlord can make to allow a tenant with a disability equal use and enjoyment of the rental home. Examples include a written parking exception for a support worker, a flexible schedule for delivering repairs, or allowing a support animal where pets are usually restricted. Accommodation is not unlimited; it must be reasonable and not cause undue hardship for the landlord.
How to request accommodation from your landlord
- Put the request in writing, clearly stating the accommodation you need and the reason (for example, a letter or form explaining the mental health condition and the accommodation requested).
- Provide supporting documentation if requested, such as a letter from a health professional describing functional limitations and recommended accommodation.
- Allow reasonable time for the landlord to respond and propose alternatives; propose a timeline for implementation if possible.
- If the landlord refuses or does not respond, ask for reasons in writing and keep a record of all communications.
Filing formal complaints: Alberta Human Rights Commission and tenancy dispute routes
If an informal request for accommodation fails, tenants can file a complaint with the Alberta Human Rights Commission (AHRC). The AHRC accepts complaints about discrimination in housing and will assess whether to investigate. The AHRC complaint process and form are the official starting point for human rights cases in Alberta [1].
Tenancy-specific disputes — such as eviction hearings or claims for repairs and rent issues — can be brought to the Residential Tenancy Dispute Resolution Service (RTDRS) or to court depending on the remedy sought. Use the RTDRS application when your issue fits within its jurisdiction; the Service Alberta RTDRS page explains forms and steps [2].
Official forms and when to use them
- Complaint Form — Alberta Human Rights Commission: used to start a human rights complaint about discrimination in tenancy. Example: you were denied tenancy after disclosing a mental health disability and a landlord cited concerns about future behaviour. File through the AHRC online filing page.[1]
- RTDRS Application (Service Alberta): used to apply for dispute resolution for eligible residential tenancy matters, such as unlawful eviction or unresolved maintenance problems. Example: you were served an eviction notice that you believe is linked to a disability and you want a binding decision on whether the eviction is lawful. See Service Alberta's RTDRS information for forms and fees.[2]
How human rights and tenancy processes interact
Human rights complaints focus on discrimination; tenancy boards or RTDRS address contractual and statutory tenancy matters. In practice you may pursue both routes: a tenancy board for urgent housing remedies and the AHRC for discrimination findings. Keep records of dates, notices, communications, medical letters, and witness statements.
FAQ
- Does mental illness count as a protected disability under Alberta law?
- Yes. Mental health conditions are generally considered disabilities under the Alberta Human Rights Act when they substantially limit daily activities; this protection applies to housing and tenancy decisions.
- Do I have to disclose my diagnosis to get accommodation?
- No. You do not need to disclose specific medical details, but landlords may reasonably ask for documentation showing a functional limitation and recommended accommodation.
- Can I be evicted for behaviour linked to my mental health?
- Potentially, but landlords must consider reasonable accommodation and cannot evict solely because of a disability without following legal processes; you can raise human rights concerns alongside tenancy defences.
How-To
- Gather documentation: collect rent records, written requests, dated messages, medical letters, and any witness notes to support your accommodation or discrimination claim.
- Request accommodation in writing: state the change you need, why it helps, and offer to provide supporting documentation if the landlord requests it.
- Follow up and keep records: send a polite reminder if you do not get a timely response and save all replies and communications.
- File official forms if needed: submit a complaint to the Alberta Human Rights Commission or an RTDRS application with Service Alberta, following the instructions on the official pages.
Help and Support / Resources
- Contact Service Alberta — Residential Tenancies
- Alberta Human Rights Commission — File a complaint
- Residential Tenancy Dispute Resolution Service (RTDRS) information
