Tenants and renters in New Brunswick often rely on accurate listings when searching for homes that meet accessibility needs. When a landlord, property manager or listing agent advertises a unit as "accessible" or "suitable for people with disabilities," the description must reflect real features and not exclude applicants. This article explains how provincial tenancy and human-rights rules apply to accessibility advertising, what to do if an ad is misleading or discriminatory, and practical steps renters can take to request reasonable accommodation, document problems, and apply to the tribunal if needed. It uses plain language and includes the official tribunal and forms tenants may use in New Brunswick.
Who must follow the rules in New Brunswick?
Anyone advertising or offering residential rental housing in New Brunswick must follow provincial tenancy law and the New Brunswick Human Rights Act when describing accessibility. That includes private landlords, property management companies, and listing platforms. Ads that suggest a tenant group is preferred or that exclude people with disabilities are risky and may be discriminatory.
What counts as "accessible" in an ad?
An ad should only say a unit is accessible if it actually includes features such as step-free entry, widened doorways, accessible bathroom fittings, lever handles, or an accessible elevator. Vague marketing phrases like "near accessible transit" or "accessible vibe" can mislead applicants. If the unit requires modifications to meet a renter's needs, the ad should not present the unit as already accessible.
Key legal rules and where to enforce them
In New Brunswick, tenancy issues and disputes about advertising often involve two areas:
- Human rights protections: landlords cannot refuse housing or advertise in ways that discriminate against people with disabilities.
- Tenancy law and tribunal enforcement: misrepresentations can be raised with the Residential Tenancies Tribunal when they affect tenancy rights or result in a denial of housing.
Practical rules for landlords and managers
- Describe specific features: list exact accessible elements (e.g., "zero-step entry," "32" doorway clearance," "roll-in shower").
- Avoid exclusionary language: do not use wording that suggests people with disabilities are not welcome or that the unit is only for certain groups.
- Be ready to allow reasonable modifications: if a tenant requests an adaptation, follow provincial rules on reasonable accommodation and any process required by the Human Rights Act.
What tenants should do if an ad is misleading or discriminatory
If you find an ad that misrepresents accessibility or that seems discriminatory, take these steps: document the listing, contact the landlord or platform to ask for clarification in writing, and keep records of responses. If you believe the ad violates human-rights protections or tenancy laws, you can file a complaint with the appropriate tribunal or human-rights office.[1]
Official forms and how to use them
Below are common official steps and forms tenants in New Brunswick may use. Always check the official source for current form names and numbers before filing.
- Application to the Residential Tenancies Tribunal (application form): use this to ask the tribunal to resolve disputes about misrepresentation, tenancy denial, or other rental issues; for example, if a landlord advertised a unit as accessible but the unit lacks promised features, file an application to request remedies and evidence review.[2]
- Notice to End Tenancy / Tenant Complaint forms (fill when appropriate): if an advertisement led to a tenancy that breaches the agreement or habitability expectations, these official forms explain how to start a formal action or defence at the tribunal.[2]
- Human Rights complaint form: if you suspect discrimination based on disability, submit a complaint to the New Brunswick Human Rights Commission with examples of the ad, correspondence, and other evidence.
Evidence that helps a complaint
- Photos and videos of the unit showing missing accessibility features.
- Copies or screenshots of the advertisement and any changes over time.
- Written correspondence with the landlord, agent or platform asking for clarification or accommodation.
FAQ
- Can a landlord advertise "accessible" if only the building entrance is step-free?
- No. Advertising should explain which features are accessible; if only the entrance is step-free, the ad should state that rather than implying full accessibility.
- What if a listing platform removes my message about accessibility?
- Contact the platform for an explanation and keep records. You may also raise the issue with the tribunal or human-rights body if the platform's action prevents fair access to housing.
- How long do I have to file a complaint?
- Time limits vary by tribunal and by the Human Rights Commission; file as soon as reasonably possible after the incident and confirm deadlines on the official websites listed below.[1]
How-To
- Document the ad: take dated screenshots and note the listing URL and any contact details.
- Contact the landlord or platform in writing to ask for specific details about accessibility features and possible accommodations.
- Gather evidence: photos, messages, witness statements and any relevant medical or mobility documentation if you are requesting accommodation.
- File an application with the Residential Tenancies Tribunal or a human-rights complaint, using the official form and including your evidence and a clear statement of the remedy you seek.
Key Takeaways
- Only advertise accessibility when specific, verifiable features are present.
- Tenants should document ads carefully and ask for written confirmation from landlords.
- Use the Residential Tenancies Tribunal or Human Rights Commission if informal resolution fails.
Help and Support / Resources
- Residential Tenancies Tribunal (New Brunswick)
- Residential Tenancies Act (New Brunswick)
- New Brunswick Human Rights Commission
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