Tenants in British Columbia are legally protected from discrimination based on mental illness. If you’re living with a mental health condition, it's important to know your rights, how the law works, and what steps you can take if you’re treated unfairly by your landlord or housing provider.

Understanding Discrimination and Mental Illness in BC Housing

Discrimination occurs when a landlord treats a tenant unfairly or denies housing because of their mental health condition. Under British Columbia’s Human Rights Code and the Residential Tenancy Act^[1][2], it is illegal to refuse to rent, evict, or harass someone because of their mental illness.

When Are Tenants Protected?

• When applying for a rental, landlords can't deny you just because of your mental health status.
• During your tenancy, it’s illegal for your landlord to increase rent, end your tenancy, or impose extra rules due to your illness.
• Harassment or refusal to make reasonable accommodations is also prohibited.

These policies apply to apartments, condos, basement suites, and other types of rental homes in BC.

What the Law Says: Your Rights under the Residential Tenancy Act and Human Rights Code

The Residential Tenancy Act covers general tenant and landlord rights, while BC’s Human Rights Code specifically protects tenants from discrimination on the basis of a mental or physical disability—including diagnosed mental health conditions.

• Landlords must provide reasonable accommodation for mental health–related needs, unless it causes undue hardship.
• They cannot retaliate (like evicting you) if you request changes related to your health.

You can learn more about specific protections by visiting Tenant Rights in British Columbia.

Making Reasonable Accommodation Requests

If you need your landlord to make changes due to your mental illness—for example, allowing a support person or emotional support animal—you have the legal right to request this in BC. You can ask your landlord in writing, and if they refuse, you may file a complaint.

Landlords can’t ask for your private medical details, but may request proof that you need an accommodation due to a medical condition, such as a letter from a health professional.

How to File a Human Rights Complaint as a Tenant

If you feel you have been discriminated against due to your mental health, you can take action through the BC Human Rights Tribunal. This is the official body handling discrimination complaints in BC.

BC Human Rights Tribunal Complaint Form

• Name: Complaint Form (Form 1 under the Tribunal rules)
• When to use: If you have experienced housing discrimination because of your mental illness.
• How to use: Complete the form with your details and a brief explanation of what happened. Submit it online via the Tribunal portal or by mail.
• Official Source: BC Human Rights Tribunal Complaint Page

Tips for a Successful Complaint

• Document everything: Keep emails, letters, or notes of conversations.
• Submit your complaint within one year of the event.
• Ask for help if you’re unsure how to explain your situation.

For issues specifically related to rental agreements, rent payments, or obligations, the BC Residential Tenancy Branch is the main tribunal handling disputes.

Practical Advice for Tenants: Preventing and Addressing Discrimination

• Be open and clear about your needs with your landlord, but share only what is needed.
• Ask for accommodations in writing, if needed, and save a copy.
• If you face resistance or harassment, consider contacting advocacy organizations or filing a complaint.

For common housing challenges beyond discrimination, see Common Issues Tenants Face and How to Resolve Them.

Looking for a new home that fits your needs? Explore Houseme for nationwide rental listings, including options for accessible and supportive housing.

FAQ: Discrimination, Mental Health, and Tenancy in BC

1. Can a landlord deny me a rental because of my mental illness?
   No. This is considered discrimination under BC’s Human Rights Code and is illegal.
2. What should I do if my landlord refuses my accommodation request?
   Try to resolve it directly. If not successful, file a complaint with the BC Human Rights Tribunal as soon as possible.
3. Do I have to share my medical history with my landlord?
   No. You only need to provide enough information to show you require the accommodation, such as a doctor’s note, not your diagnosis.
4. Where can I go for help if I feel discriminated against?
   Contact the BC Human Rights Tribunal or a tenant advocacy group for support.
5. Does my landlord have to make all accommodations I ask for?
   Not always. They must accommodate unless it causes them undue hardship (such as significant cost or disruption).

Summary: Key Takeaways for BC Tenants

• You are protected by law against discrimination based on mental health in housing.
• Reasonable accommodation must be provided if you request it.
• You can file a complaint with the BC Human Rights Tribunal if your rights are violated.

Knowing your legal rights can empower you to secure and maintain safe housing while living with a mental illness.

Need Help? Resources for Tenants

• BC Residential Tenancy Branch: Information on tenant/landlord rights and dispute resolution
• BC Human Rights Tribunal: File discrimination complaints
• Tenant Resource & Advisory Centre (TRAC): Free information and advocacy for renters
• Victoria Legal Help: Housing legal advice (Greater Victoria)
• BC Government Rental Housing Programs

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1. See: British Columbia Human Rights Code (s.10 and s.8 - Discrimination in Tenancy)
2. See: Residential Tenancy Act (British Columbia)

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