Can a Landlord Refuse to Rent Based on Income in New Brunswick?

If you’re searching for a new place to live in New Brunswick, you may be wondering whether a landlord can legally refuse to rent to you based on your income. Income requirements are common, but it’s important to know your rights and the protections you have under New Brunswick tenancy law. This article clearly explains what landlords can and cannot do regarding income, your avenues for support, and practical tips for navigating the rental process.

Understanding Income Requirements in New Brunswick Rentals

In New Brunswick, landlords may lawfully ask about your income during the rental application process. They often use this information to consider your ability to pay rent consistently. However, there are important limits to what information they can request and how it can be used.

• Landlords can ask for proof of income, employment, or financial stability.
• Landlords cannot discriminate based on the source of your income, such as employment insurance, social assistance, or disability benefits.
• No specific legislation sets a minimum income requirement or ratio, but landlords may use their own criteria provided these do not violate anti-discrimination laws.

Discrimination based on where your income comes from is prohibited under federal and New Brunswick human rights law. This means a landlord cannot refuse to rent to you just because you receive income from social programs.

What Is Legal and What Is Not?

While it’s not illegal for landlords in New Brunswick to consider total income level, it is illegal to discriminate based on:

• Source of lawful income (e.g., social assistance, disability benefits, pension)
• Family status, race, sex, age, or other protected grounds under the NB Human Rights Act

If you believe a landlord is using your source of income to deny you housing, you may file a complaint with the New Brunswick Human Rights Commission.

The Role of New Brunswick’s Residential Tenancies Tribunal

The New Brunswick Residential Tenancies Tribunal administers the Province’s rental laws and handles disputes between tenants and landlords. While the Tribunal mainly deals with matters after a tenancy begins (e.g., rent increases, maintenance issues), discrimination complaints about being refused a rental are handled by the Human Rights Commission.

For a complete picture of your legal rights as a tenant in New Brunswick, refer to the Residential Tenancies Act of New Brunswick.¹

Rental Forms for Tenants

If you are denied a rental due to income reasons and suspect discrimination, there are a few important forms and steps:

• Human Rights Complaint Form – Used to make a formal discrimination complaint to the NB Human Rights Commission. Find and submit the form through their official website. For example, if you are told your social assistance income isn’t acceptable, use this form to begin a complaint.
• Application to the Residential Tenancies Tribunal – If your issue relates to matters such as deposit returns or lease terms (not discrimination), use the Tribunal’s application forms listed here.

Always keep records of communications and written notices regarding your rental application. These can be useful evidence if you need to file a complaint.

Living with Roommates and Shared Housing

Shared accommodations are popular in New Brunswick, especially in cities with students or seasonal workers. Each tenant or roommate typically completes a separate application and provides their own income information. Landlords may consider the combined household income for the entire unit. If you’re entering a shared rental, ensure everyone’s rights and responsibilities are clear from the start. Our Obligations of Landlords and Tenants: Rights and Responsibilities Explained guide is helpful for shared housing arrangements.

Your Rights and What to Watch For

• Do not provide more information than is reasonably required (e.g., you don’t need to list all monthly expenses unless rent payment ability is unclear).
• If you believe your income was unfairly judged, or if your application was rejected for discriminatory reasons, seek immediate support from tenant rights agencies or the Human Rights Commission.
• Remember, a rejection based on total income (too low relative to rent) isn’t illegal, but a rejection based on source of income is a violation of the law.

How Does This Compare to Other Provinces?

Tenant protections vary significantly across Canada. For example, some provinces have more explicit laws regarding rental income criteria. If you’re moving between provinces, check the specific rules that apply there. For more on local laws, see Tenant Rights and Landlord Rights in New Brunswick.

You can also Find rental homes across Canada on Houseme to compare options and review income requirements on listings nationwide.

FAQ: Renting and Income in New Brunswick

1. Can a landlord turn me down if my income is too low?
   Landlords may consider your total income to decide whether you can afford the rent. However, their decision cannot be based on the source of your lawful income.
2. Is it legal for a landlord to ask for proof of income?
   Yes, landlords can require reasonable proof of income as part of a rental application in New Brunswick.
3. What do I do if I’m refused because I’m on social assistance?
   You can file a complaint with the New Brunswick Human Rights Commission for potential discrimination based on source of income.
4. Who can I contact if I disagree with a landlord’s decision?
   Start with the Human Rights Commission for discrimination. For tenancy issues after moving in, contact the Residential Tenancies Tribunal.
5. How do income rules affect roommates?
   Landlords may look at the total income for all adults on the lease but still cannot discriminate against anyone’s income source.

Key Takeaways

• Landlords in New Brunswick can consider your income but cannot refuse to rent based on its source.
• Always keep all communication with landlords in writing and save copies.
• Use official channels to report discrimination or dispute landlord decisions.

Knowing your rights and understanding the law can make the rental process smoother and less stressful.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – For tenancy issues, forms, and official guidance
• NB Human Rights Commission – For discrimination complaints (Source of income, etc.)
• Tenant Rights and Landlord Rights in New Brunswick – Local legal facts and explanations
• Obligations of Landlords and Tenants: Rights and Responsibilities Explained

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1. Residential Tenancies Act of New Brunswick
2. NB Human Rights Act & Commission

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