Discrimination in BC Rentals: Key Cases & Tenant Rights
Facing discrimination when searching for housing or during a tenancy can be distressing. In British Columbia, strong laws protect tenants from being treated unfairly due to characteristics like race, age, disability, family status, and more. Understanding real case studies and your legal rights can help you take swift action if you believe your rights have been violated.
Understanding Discrimination in BC’s Rental Housing
Discrimination occurs when a landlord denies someone housing or treats them unfairly because of a protected ground under the British Columbia Human Rights Code[1].
- Protected grounds include: race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, age, and lawful source of income.
- This applies during inquiries, applications, ongoing tenancies, and even after the tenancy ends.
Complaints are handled by the BC Human Rights Tribunal, which is separate from BC’s Residential Tenancy Branch (RTB) that oversees tenancy law and disputes.
Examples of Discrimination from Real BC Cases
Several BC tribunals have ruled on housing discrimination, helping define the rights and responsibilities of both tenants and landlords. Here are a few notable examples:
- Discrimination Against Families: In a 2021 case, a landlord advertised a suite for “one person only.” A single mother with a child was denied the unit, and the Tribunal found this violated protections for family status[2].
- Disability Accommodation: In another case, a tenant with mobility challenges requested a designated accessible parking space. The landlord refused. The Tribunal ruled this was discriminatory, highlighting the obligation to provide reasonable accommodations for disabilities.
- Source of Income: Tenants who received government assistance were denied a rental based on their income source. The Tribunal reaffirmed that lawful source of income is protected, and landlords cannot refuse for this reason alone.
For a deeper understanding of your rights, visit Tenant Rights in British Columbia.
Legal Protections: Which Laws Apply?
The key laws governing housing discrimination and tenancy in BC are:
- BC Human Rights Code: Prohibits discrimination in housing on specified grounds (review the Human Rights Code).
- Residential Tenancy Act: Outlines landlord-tenant obligations, tenancy agreements, eviction, rent increases, repairs, and dispute resolution. Read the Residential Tenancy Act.
Read about Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more on your day-to-day legal protections.
How to Take Action: Filing a Human Rights Complaint in BC
If you believe you’ve faced discrimination, you have the right to file a complaint with the BC Human Rights Tribunal. Here are the basic steps:
- Document what happened, including dates, names, correspondence, and any witnesses.
- File a complaint online using the Tribunal’s official form: Human Rights Complaint Form (no number assigned).
- Submit within one year of the discriminatory act.
- The Tribunal investigates, may offer mediation, and can schedule a hearing.
Keep in mind: Discrimination is separate from general tenancy issues. For other concerns (like repair delays or evictions), the Common Issues Tenants Face and How to Resolve Them resource is helpful, and the Residential Tenancy Branch is the right contact.
Official Forms for Tenants Experiencing Discrimination
Human Rights Complaint Form (no number):
- When to use: If a landlord, manager, or rental agent has treated you unfairly because of a protected ground (e.g., refused your application because you have children or receive disability benefits).
- How to use: Fill out the complaint online at the official BC Human Rights Tribunal site. Be clear about what happened, when, and to whom. Attach supporting documents if you have them.
Links to More Help
- BC Human Rights Tribunal - Handles discrimination complaints
- Residential Tenancy Branch - All tenancy rights, rules, and dispute resolution
- Together Against Poverty Society (TAPS) - Free support for tenants facing discrimination
- Legal Aid BC - Tenancy law and discrimination info
- BC Human Rights Complaint Process Overview
For rental searches in a fair marketplace, you can Browse apartments for rent in Canada on a platform with accessibility and inclusion in mind.
Frequently Asked Questions About Housing Discrimination in BC
- What is considered housing discrimination under BC law?
Discrimination means being treated unfairly by a landlord because of race, age, family or disability status, gender identity, source of income, or other grounds protected by the Human Rights Code. - How can I prove a landlord has discriminated against me?
Keep records of all interactions, advertisements, texts, emails, and get witness information if possible. The BC Human Rights Tribunal relies on evidence you provide when handling complaints. - Can a landlord refuse to rent to me because I have children or receive government assistance?
No. Rejecting tenants solely based on family status or lawful source of income is prohibited under the Human Rights Code. - Who decides disputes about discrimination in BC rental housing?
The BC Human Rights Tribunal decides discrimination complaints. General tenancy issues like rent increases or repairs go to the Residential Tenancy Branch. - Where can I learn more about my rights as a tenant in BC?
Check Tenant Rights in British Columbia for clear information about your legal rights and protections.
Key Takeaways for BC Tenants
- Discrimination in any housing stage—from application to move-out—is illegal in British Columbia.
- Record all communications and file complaints promptly if you experience discrimination.
- Different agencies handle different issues: discrimination (BC Human Rights Tribunal), rental disputes (Residential Tenancy Branch).
Knowing your rights helps prevent and respond to issues like unfair denial of rentals, harassment, or eviction based on protected characteristics.
Need Help? Resources for Tenants
- BC Human Rights Tribunal (complaints and resources)
- Residential Tenancy Branch (dispute resolution and info)
- Together Against Poverty Society (TAPS) (advocacy and free support in BC)
- Legal Aid BC (legal help and education)
- British Columbia Human Rights Code
- BC Human Rights Tribunal decisions, available at https://bchumanrights.ca/decisions/
- Residential Tenancy Act (BC)
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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