What protections apply to seniors and tenants with disabilities?
Seniors and tenants with disabilities are protected from discrimination in housing and are eligible to request reasonable accommodation from a landlord. Reasonable accommodation can include physical changes to a unit, permission for support or service animals, or changes to building policies when those changes are needed for a disability.
Common rights and practical steps
- Protection from discrimination and retaliation when requesting accommodation.
- Right to ask for reasonable accommodation in writing and keep a dated copy.
- Right to use evidence such as medical letters, photos, or receipts when filing a dispute.
- When accessibility changes affect habitability, landlords may need to arrange repairs or modifications at their expense or jointly agree on who pays.
How to request an accommodation from your landlord
Start with a written request that explains the modification or policy change you need, and why it relates to a disability. Include as much supporting information as you can and ask for a reasonable timeframe for a reply. If the landlord agrees, get the agreement in writing to avoid future misunderstandings.
- Submit the request in writing and keep a dated copy.
- Offer relevant documentation, such as a medical letter, photos of the issue, or estimates for work.
- If you need help drafting the request, contact community legal clinics or tenant services for assistance.
When to involve the Residential Tenancies Tribunal
If a landlord refuses a reasonable accommodation or you face discrimination, you can apply to the provincial Residential Tenancies Tribunal to resolve the dispute. The Tribunal is the official body that hears tenancy disputes in New Brunswick and issues binding decisions.[1]
Filing paperwork and useful forms
There are official forms for many tenancy issues, such as applications to the Residential Tenancies Tribunal and notices related to tenancy matters. Use the official provincial forms to make sure your application is processed correctly and includes required information.[2] Examples you may need:
- Application to the Residential Tenancies Tribunal — use this to ask the Tribunal to hear a dispute about a refused accommodation or alleged discrimination; include copies of evidence and a clear statement of the remedy you want.
- Notice templates for repairs or unsafe conditions — use the official notice to document problems and request action before filing an application.
- Medical or support documentation — obtain dated letters or reports from qualified professionals to explain the need for accommodation.
Where to find and how to use the official forms is set out on the provincial listings for Residential Tenancies; use those pages to download and submit the correct documents.[3]
FAQ
- Can my landlord refuse to install a ramp or make physical changes?
- No. Landlords must consider reasonable accommodation requests. If the change is reasonable and related to a disability, the landlord should agree or engage in a discussion about alternatives or cost-sharing. If they refuse without good reason, you can file with the Tribunal.
- Do I have to disclose my medical diagnosis to get an accommodation?
- You do not have to share full medical details, but you should provide enough information from a health professional to show the accommodation is needed because of a disability.
- What if my landlord increases rent or starts eviction after I ask for accommodation?
- If you suspect the increase or eviction is retaliation, document communications and seek Tribunal help. Retaliation after a legitimate accommodation request can be unlawful.
How-To
- Gather evidence: collect medical notes, photos of barriers, lease copies, and any written communication with the landlord.
- Submit a written accommodation request to your landlord describing the change and attaching supporting documents; keep a dated copy.
- If the landlord refuses, file an application with the Residential Tenancies Tribunal and include all evidence and a clear statement of the remedy you want.
- Attend any hearing or mediation, bring original documents and extra copies, and be prepared to explain how the accommodation helps with your disability.
- If the Tribunal issues an order, follow the order or seek legal help to enforce it; keep records of compliance or payments.
- While resolving disputes, look for accessible rental options and supports; Find rental homes across Canada on Houseme to compare listings and neighbourhood accessibility.
Key Takeaways
- Senior tenants can request reasonable accommodations for disabilities and should document all requests.
- Use official provincial forms and keep dated copies of every communication and piece of evidence.
- If a dispute cannot be resolved with the landlord, apply to the Residential Tenancies Tribunal for a binding decision.
Help and Support / Resources
- Residential Tenancies Tribunal — Service New Brunswick
- Residential Tenancies Act — Government of New Brunswick
- Official tenancy forms and filing instructions — Service New Brunswick
