Illegal Rental Application Questions in British Columbia
When searching for a new home in British Columbia, tenants may be asked to fill out a rental application. While landlords can request certain information to assess suitability, BC law strictly prohibits questions that could lead to discrimination. Understanding what questions are illegal protects you as a tenant and helps ensure a fair rental process.
Which Rental Application Questions Are Illegal in British Columbia?
In British Columbia, landlords must comply with the Residential Tenancy Act[1] and the BC Human Rights Code[2]. These laws prohibit discrimination based on personal characteristics. Illegal questions on rental applications include:
- Race, colour, ancestry, place of origin, or ethnic background
- Sex, gender identity or expression, or sexual orientation
- Age (unless the property is designated for seniors)
- Religion, political belief, or marital status
- Family status (e.g., questions about children or pregnancy)
- Physical or mental disability
- Conviction for an unrelated criminal or summary conviction offence
- Receipt of public assistance (including income assistance, disability support, or rental subsidies)
Landlords can only ask questions that directly relate to your ability to pay rent and take care of the rental property, such as proof of income or credit references.
Examples of Illegal Questions
- "Are you planning to have children?"
- "What country are you from?"
- "Do you receive government income support?"
- "What is your religion?"
- "Do you have any disabilities?"
Questions like these may seem casual, but can be grounds for a discrimination complaint.
Your Rights Under BC Law
The law in British Columbia makes it clear: landlords cannot refuse to rent or discriminate against you based on who you are. Want more information about your rights? Read Tenant Rights in British Columbia for a detailed overview.
If you feel pressured to answer an illegal question, you have the right to decline. You do not have to provide any information that relates to a protected ground under the Human Rights Code.
Permitted Rental Application Questions
Some questions are legitimate. Landlords can ask for:
- References from previous landlords
- Confirmation of employment and income
- Credit checks (with your written permission)
- Identification (to confirm who you are)
For a better understanding of the rental process, including what to expect with deposits and initial steps, see Understanding Rental Deposits: What Tenants Need to Know.
What to Do If You Are Asked Illegal Rental Application Questions
If you encounter questions that seem discriminatory, you have several options under BC law:
- Politely refuse to answer the question, explaining that it is not permitted under the Human Rights Code.
- Keep a record of what was asked, including emails or forms, as evidence.
- Contact the BC Human Rights Tribunal for help or to file a complaint.
The BC Human Rights Tribunal is the official body that hears and resolves discrimination complaints in residential tenancies. You can learn more and start the complaint process on their website.
Official Forms and How to Use Them
- BC Human Rights Complaint Form (Form 7.1): Use this form to file a complaint if you've been asked illegal questions or experienced discrimination.
Access the Complaint Form and instructions here.
Example: If a landlord refuses to rent to you after learning you have children, you can download and submit Form 7.1 to the BC Human Rights Tribunal along with any supporting documents.
Related Laws and Where to Learn More
When Discrimination Occurs: Action Steps
If you believe you have faced discrimination due to illegal rental application questions, you can take action:
- Document the incident in detail (include names, dates, and exact questions).
- Reach out to the BC Human Rights Tribunal for advice or file a complaint online.
- Consider advice from a local tenant rights organization. Your privacy is protected by law.
For a deeper understanding of landlords' and tenants' responsibilities after moving in, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
FAQ: Illegal Rental Application Questions in BC
- Can a landlord in BC ask if I have children?
No. Landlords are not allowed to ask about your family status, including whether you have children. It is illegal under the Human Rights Code. - Is it allowed for a landlord to request my Social Insurance Number (SIN)?
While not strictly illegal, landlords should not require your SIN as a condition of rental—there are other ways to perform a credit check. Only provide this information if you feel comfortable and understand the purpose for its use. - What do I do if I am asked an illegal question?
Politely refuse to answer and consider reporting the incident to the BC Human Rights Tribunal. Document everything for your records. - Can a landlord ask about my income source?
Landlords can ask about your income level but not the source if it would amount to discrimination (for example, receiving income assistance). - Where can I learn more about my rights as a tenant in BC?
Visit Tenant Rights in British Columbia for comprehensive information.
Summary: Key Takeaways
- Landlords in BC cannot ask questions about race, age, family status, religion, or other protected characteristics.
- Only questions strictly related to tenancy suitability—like credit or references—are permitted.
- If you experience discrimination, you can file a complaint with the BC Human Rights Tribunal using the official form.
For more guidance, Browse apartments for rent in Canada and know your rights at every step.
Need Help? Resources for Tenants
- BC Human Rights Tribunal: File complaints, access guides, and get support.
- BC Residential Tenancy Branch: For tenancy law, dispute resolution info, and resources.
- Tenant Resource & Advisory Centre (TRAC): Tenant advocacy, free legal info, and help lines.
- Always know your rights: Tenant Rights in British Columbia
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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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