Accessibility Rights for Tenants with Disabilities in New Brunswick

Living with a disability can add unique challenges to finding and enjoying a safe rental home. In New Brunswick, tenants with disabilities have specific legal rights that protect their ability to access housing free from discrimination, including in shared arrangements and roommate situations. Knowing your rights—and the proper steps to request accessible accommodations—can help you live comfortably and securely in your rental.

Accessibility Rights for Tenants: The Legal Basics

Tenants with disabilities in New Brunswick are protected by both federal and provincial laws. Key protections include the right to equal treatment, reasonable accommodations from landlords, and freedom from discrimination based on physical or mental disability.

• New Brunswick Human Rights Act: Prohibits discrimination in housing due to disability (read the legislation).
• Residential Tenancies Act: Regulates landlord and tenant obligations, including repairs and maintenance (see the Act).

It is illegal for landlords to refuse reasonable requests for accessibility modifications unless these would cause undue hardship. If your rental contains shared living spaces or roommates, your rights to accessibility must still be respected.

Common Accessibility Needs and Accommodations

• Wheelchair ramps or accessible entrances
• Grab bars or accessible bathrooms
• Permission for a service animal, even in "no pets" buildings
• Visual/auditory alarms or signage
• Allowing home care services to attend the premises

If you live with roommates, accommodations may need to consider shared spaces. Open communication and respectful discussion with all household members are important.

Requesting Accessibility Modifications in Your Rental

To request an accessibility accommodation, you should:

• Make the request to your landlord in writing, clearly explaining what you need and why.
• Offer medical documentation only if necessary and relevant (such as a note from your doctor explaining your need for modifications or a service animal).
• Work collaboratively to find solutions that balance your needs and the property’s limitations.

Landlords must respond promptly and cannot charge you extra rent for accessibility modifications. However, you may be responsible for costs unless it is a routine repair.

Which government board handles tenant rights?

All tenancy matters, including disputes over accessibility and accommodations, are handled by the Residential Tenancies Tribunal of New Brunswick. For human rights issues, contact the New Brunswick Human Rights Commission.

Forms You May Need

• Application for Assistance (Residential Tenancies Tribunal):
  Use this to resolve landlord-tenant disagreements such as denied accessibility requests. Download the form.
  Example: If your landlord refuses to install grab bars, you can submit this application to have the Tribunal review your situation.
• Human Rights Complaint Form (Human Rights Commission):
  If you experience discrimination, use this form: Get the complaint form.
  Example: If a landlord refuses to consider your request for a service animal, you can file a human rights complaint.

Routine Repairs and Health & Safety

Tenants can also request repairs that impact accessibility or safety. For instance, broken elevators or doors must be fixed promptly. To learn more, visit Health and Safety Issues Every Tenant Should Know When Renting.

Living with Roommates: Shared Housing Accessibility

Disability rights also apply in shared housing. Roommates or co-tenants cannot prevent you from receiving modifications needed for accessibility, as long as the changes are reasonable and discussed openly. To understand everyone’s obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Accessibility rights extend to every part of your rental, ensuring that all tenants have equal opportunities no matter their living arrangement.

Additional Housing Protection Resources

• Tenant Rights and Landlord Rights in New Brunswick
• Find rental homes across Canada on Houseme

1. What is considered a "reasonable" accommodation?
   Reasonable accommodation includes changes or exceptions that allow you to access and use your home equally, unless it causes significant difficulty or expense for the landlord.
2. Can my landlord refuse to modify a rental for accessibility?
   No, unless the request would cause "undue hardship" such as major financial costs or structural impossibility. Most minor changes cannot be refused.
3. I need a service animal but the lease says "no pets." What can I do?
   Landlords must allow service animals, even with "no pets" rules, as a form of reasonable accommodation under human rights law.
4. How do I file a complaint if my landlord is uncooperative?
   Start by writing a formal request to your landlord. If you are unsatisfied, file a complaint with the New Brunswick Human Rights Commission or the Residential Tenancies Tribunal.
5. Are accessibility rights different in roommate or shared housing?
   No—your rights apply whether you rent alone or with others. All co-tenants and landlords must respect accessibility rights and reasonable modifications.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Guidance on tenant-landlord disputes and accommodations.
• New Brunswick Human Rights Commission: File human rights complaints or ask about accessibility rights.
• New Brunswick Housing Services: Help for low-income tenants and those seeking accessible housing.

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1. [1] New Brunswick Human Rights Act (see official legislation)
2. [2] New Brunswick Residential Tenancies Act (full text)
3. [3] Residential Tenancies Tribunal of New Brunswick
4. [4] New Brunswick Human Rights Commission

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