Your Rights Against Tenant Discrimination in BC Housing

Discrimination can be a challenging and often confusing issue for tenants, especially in shared living or roommate situations. In British Columbia, tenants are protected by laws that make it illegal to treat you unfairly due to your background or personal characteristics. This article will help you understand what tenant discrimination looks like, your legal rights, and what steps you can take if you believe you’ve been treated unfairly in housing situations.

What Is Tenant Discrimination?

Tenant discrimination occurs when a landlord or roommate treats a tenant or rental applicant differently because of protected characteristics. In British Columbia, these include:

• Race, colour, ancestry, or place of origin
• Sex, gender identity, or sexual orientation
• Age (19 and over)
• Marital or family status
• Disability or perceived disability
• Religious or political beliefs

These protections apply whether you are applying to rent, already living in a rental, or sharing accommodations with roommates.

Laws Protecting Tenants from Discrimination

Tenant rights in BC are covered mainly under two laws:

• The Residential Tenancy Act (RTA), which covers most landlord-tenant relationships¹
• The BC Human Rights Code, which specifically prohibits discrimination in housing²

If you believe you have been discriminated against while renting or looking for rental accommodation, you have the right to seek help and file a complaint.

Who Handles Tenant Discrimination Complaints in BC?

There are two main bodies involved:

• Residential Tenancy Branch (RTB): Handles most disputes between landlords and tenants, including some roommate conflicts.
• BC Human Rights Tribunal: Handles discrimination complaints under the Human Rights Code.

If you’re unsure, contacting one of these bodies will help clarify where your complaint should go.

Examples of Discrimination in Shared Housing or Roommate Situations

Discrimination can happen in both formal and informal housing arrangements. Here are some examples:

• A landlord refuses to rent to you because of your ethnicity or accent.
• A roommate posts an ad requiring females only, unless there’s a reasonable shared space exemption.
• You’re told you cannot have children or a service animal in a rental home.
• You’re asked invasive questions about your disability during the application process.

What Are Your Rights and Responsibilities?

Every tenant in British Columbia is entitled to fair treatment. Landlords and roommates must not refuse you housing, end your tenancy, or set different conditions based on protected grounds listed in the Human Rights Code. If you are already living in a unit and face harassment, eviction, or otherwise poor treatment due to these characteristics, that could also be discrimination.

Tenants also have basic duties—to pay rent on time, follow house rules, and respect others. For more details on tenant and landlord roles, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What To Do If You Experience Discrimination

If you believe you’ve been the victim of discrimination in a rental setting, take these steps:

1. Write down exactly what happened, including dates, locations, and people involved.
2. Save texts, emails, advertisements, or other evidence related to the discrimination.
3. Consider resolving the matter by talking directly to your landlord or roommate, if it feels safe.
4. File a complaint if the issue is not resolved or is severe.

Depending on your situation, you may file a complaint with:

• Residential Tenancy Branch: Handles matters involving tenancy agreements, disputes between tenants and landlords (e.g., wrongful eviction, rental agreements).
• BC Human Rights Tribunal: Handles specific discrimination based on protected characteristics.

Relevant Complaint Forms

• Application for Dispute Resolution (RTB Form)
  When to use: If your landlord has served you notice to end your tenancy and you believe it’s based on discrimination, you can apply to the RTB for dispute resolution.
  How to use: Complete the online form or download it from the official RTB website and follow the instructions provided.
• BC Human Rights Tribunal Complaint Form
  When to use: Use this form if you believe you’ve faced discrimination as defined under the Human Rights Code.
  How to use: Fill out the form on the Human Rights Tribunal website. You do not need a lawyer to file.

How Long Do I Have to File?

Human rights complaints must generally be filed within one year of the event. For dispute resolution with the RTB, timelines depend on the specific notice or issue but can be as short as a few days if you’ve received an eviction notice. It’s important to act quickly.

Tips for Protecting Yourself

• Keep everything in writing: emails, texts, and copies of advertisements
• Document your interactions with landlords or roommates
• Know your rights – reading about Tenant Rights in British Columbia can help
• If you have a rental agreement, make sure you understand its terms. See What Tenants Need to Know After Signing the Rental Agreement for guidance
• Reach out for professional advice if you are uncertain

You may also wish to Search Canadian rentals with interactive map view to explore other rental options across Canada.

FAQ: Tenant Discrimination in BC Shared Housing

1. What should I do first if I think I’m being discriminated against?
   Start by documenting everything—keep copies of communications, write down what happened, and save any advertisements or policies you found discriminatory. This will help you prove your case if you choose to file a complaint.
2. Can a roommate legally refuse to live with me based on my age, race, or disability?
   No, it is illegal for anyone to refuse you housing for reasons related to protected grounds like age, race, or disability, unless specific exceptions apply (such as sharing cooking/sleeping facilities in small rental situations).
3. Should I contact the landlord or the BC Human Rights Tribunal?
   If your issue involves discriminatory eviction or denial of housing, you can contact both—start with the Residential Tenancy Branch for tenancy disputes, and contact the BC Human Rights Tribunal for discrimination under the Human Rights Code.
4. How do I file a formal complaint about discrimination?
   For tenancy disputes, fill in the Application for Dispute Resolution form at the RTB. For human rights complaints, use the Tribunal’s online complaint process. See the relevant sections above for links and details.
5. Where can I get legal help or advocacy if I can’t afford a lawyer?
   Many community legal clinics or non-profits in BC offer free or low-cost support for tenants. See our resources section below for more information.

Need Help? Resources for Tenants

• Residential Tenancy Branch (RTB) – Tenancy advice and dispute resolution
• BC Human Rights Tribunal – File human rights complaints (discrimination, harassment)
• Tenant Resource & Advisory Centre (TRAC) – Advocacy and tenant support
• Accessibility in BC Housing – Resources for tenants with disabilities
• Tenant Rights in British Columbia – Learn more about your legal rights

1. Residential Tenancy Act (British Columbia)
2. BC Human Rights Code