Alberta Tenant Rights: Navigating Discrimination and Accessibility

If you’re renting in Alberta, you are protected from discrimination and have the right to accessible housing. This article explains your rights, common challenges, and practical steps for Alberta tenants facing discrimination or accessibility problems under the law.

Understanding Discrimination and Accessibility in Alberta Rentals

Tenants in Alberta are protected under both provincial and federal laws when it comes to discrimination and accessibility. Discrimination can occur if a landlord or property manager treats you unfairly based on certain characteristics, known as "protected grounds." Accessibility refers to your right to request reasonable changes to your rental unit or building if you have a disability or other needs.

What Counts as Discrimination?

Under the Alberta Human Rights Act, it’s illegal for landlords or property managers to discriminate against tenants based on:

• Race, colour, or ancestry
• Religious beliefs
• Gender, gender identity or expression
• Physical or mental disability
• Age (except minors)
• Marital or family status
• Source of income (like social assistance)
• Sexual orientation

Examples of discrimination could include refusing to rent to someone with a disability, charging higher rent based on family status, or not accommodating cultural dietary restrictions related to religious beliefs.

Your Right to an Accessible Home

If you have a permanent or temporary physical or mental disability, Alberta landlords generally must make “reasonable accommodations.” This might include installing grab bars or allowing a service animal. However, accommodations must not impose "undue hardship" (major cost or risk) on the landlord.

Learn more about Alberta tenant and landlord responsibilities at Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Legal Protections for Tenants

In Alberta, two main legal frameworks protect you:

• Alberta Human Rights Act: covers anti-discrimination and accommodation rights
• Residential Tenancies Act: covers the relationship between tenants and landlords in Alberta, including notice periods, security deposits, repairs, and dispute resolution¹

Enforcement and tenant-landlord disputes are overseen by the Residential Tenancy Dispute Resolution Service (RTDRS).

Common Reasons Tenants Face Discrimination

• Being denied an apartment or evicted after disclosing a disability
• Rules against children or large families
• Not allowing service animals in "no pets" buildings
• Unwillingness to make physical modifications for accessibility needs

Step-by-Step: What to Do If You Experience Discrimination or Accessibility Barriers

• Document everything: Keep written records, photos, and correspondence.
• Communicate with your landlord: Explain your needs and what reasonable accommodation you’re requesting. Try to resolve the issue directly first.
• Submit a written request: Ask for specific changes or explain what you feel is discriminatory in writing.
• Use official forms where required: For formal complaints relating to discrimination, use the Alberta Human Rights Commission’s complaint process (see below).

Filing a Discrimination Complaint: Forms and Process

If informal attempts to resolve the issue do not work, you can file a complaint with the Alberta Human Rights Commission. Here’s how:

• Alberta Human Rights Complaint Form – AO15 – Complaint Form. Use this when you believe you have faced discrimination or an accessibility barrier in matters related to housing.
• Where to submit: Send the completed form to the Alberta Human Rights Commission as directed on the form or through their online submission portal.
• The Commission will investigate and may try mediation before a formal hearing. It’s important to file your complaint within one year of the incident.

If your dispute involves eviction or lease issues associated with a discriminatory act, you may need to apply to the RTDRS using Form L1: Application for Residential Tenancy Dispute Resolution.

Forms Breakdown & Practical Use

• AO15 – Complaint Form (Alberta Human Rights Commission): Used to officially report discrimination or failure to accommodate. Example: A tenant with a mobility disability denied a ramp installation would fill out and submit the AO15 form to the Commission with supporting evidence.
• Form L1 – Application for Residential Tenancy Dispute Resolution: Used for tenancy disputes that may include effects of discrimination (like unfair eviction). Example: If you’re being evicted after requesting an accommodation for a service animal, you may use this form to seek a decision from RTDRS.

For a detailed breakdown of what happens after you sign your lease, see What Tenants Need to Know After Signing the Rental Agreement.

Reasonable Accommodation: What Can Tenants Request?

Examples of reasonable accommodations include:

• Grab bars in bathrooms or widened doorways
• Permission for service animals or support persons
• Visual or vibration alarms for tenants with hearing loss

Make your request in writing and be specific. Landlords must respond unless the accommodation causes undue hardship.

Tips for Tenants: Prevention and Self-Advocacy

• Review your lease thoroughly for terms that might not comply with anti-discrimination or accessibility law.
• Communicate early and clearly about your needs.
• Keep organized records in case you need to file a complaint later.
• If you suspect bias, seek guidance or mediation options before escalating.

For more information on general tenant issues, visit Common Issues Tenants Face and How to Resolve Them.

Searching for a barrier-free home? Explore Houseme for nationwide rental listings with filters for accessibility.

FAQ: Discrimination and Accessibility in Alberta Rentals

1. Can a landlord refuse to accommodate my disability?
   Landlords generally cannot refuse reasonable accommodations unless it causes an undue hardship. You have the right to request accessible features or permission for a support animal.
2. What should I do if my landlord discriminates against me?
   You should keep detailed records, attempt to resolve the issue directly with your landlord, and if necessary, file a formal complaint with the Alberta Human Rights Commission using the AO15 form.
3. How long do I have to file a complaint?
   You must file discrimination complaints within one year of the incident with the Alberta Human Rights Commission.
4. Does the Residential Tenancies Act cover accessibility?
   While the Residential Tenancies Act sets general housing rules, nondiscrimination and accessibility are specifically covered by the Alberta Human Rights Act.
5. Where can I learn more about tenant and landlord rights in Alberta?
   Visit Tenant Rights and Landlord Rights in Alberta for a comprehensive overview.

How To: File a Discrimination or Accessibility Complaint in Alberta

1. How do I file a discrimination complaint with the Alberta Human Rights Commission?
   Download the AO15 Complaint Form, fill it out with your information and evidence, and submit it by mail, fax, or using the online portal.
2. How do I ask my landlord for a reasonable accommodation?
   Describe your request clearly and specifically in writing (such as by email or letter), and provide any documentation, like a medical note, if necessary.
3. What evidence should I include in a complaint?
   Include all correspondence, notes from discussions, medical documents when needed, and witness statements if available.
4. How do I escalate a complaint if my landlord fails to act?
   If your landlord ignores your written request or denies your accommodation without valid reason, file your complaint formally with the Alberta Human Rights Commission, or contact RTDRS for tenancy disputes.

Key Takeaways for Tenants

• Alberta tenants are protected from discrimination and have the right to request reasonable accommodations for accessibility needs.
• Document your situation and try to resolve issues directly before filing a complaint.
• Act quickly, as there are time limits for filing formal complaints.

Need Help? Resources for Tenants Facing Discrimination & Accessibility Issues

• Alberta Human Rights Commission – Information, forms, complaint process, and mediation services
• Residential Tenancy Dispute Resolution Service (RTDRS) – Dispute resolution for tenancy issues involving accommodation or eviction
• Service Alberta Consumer Protection – General information for Alberta tenants
• For more detailed legal information, see Tenant Rights and Landlord Rights in Alberta

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1. Read the Alberta Residential Tenancies Act
2. Alberta Human Rights Commission – Official complaints and guidance
3. Residential Tenancy Dispute Resolution Service (RTDRS) – File tenancy dispute applications

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