Can Landlords Refuse Tenants Receiving Assistance in New Brunswick?

In New Brunswick, many tenants rely on government support programs, such as social assistance or disability benefits, to pay rent. But can a landlord legally reject your rental application simply because you receive assistance? This article explains your rights as a tenant, including what landlords can and cannot do, the legislation that protects you, and how to take action if you experience discrimination.

Receiving Assistance: Your Rights When Looking for Housing

Finding a rental home can be stressful, especially when you're worried about how your income source might affect your chances. In New Brunswick, discrimination based on “source of income” is a growing concern, and knowing your protections is vital.

Is It Legal for Landlords to Reject You Based on Assistance?

As of 2024, New Brunswick’s Human Rights Act does not include “source of income” as a protected ground. This means, unlike some other provinces, landlords in New Brunswick are not explicitly forbidden from declining tenants based on receiving social assistance, disability income, or other government benefits.^[1]

However, landlords must not discriminate based on other protected grounds such as:

• Race, colour, or ethnic origin
• Religion
• Sex, gender identity, sexual orientation
• Disability
• Family status (e.g., having children)
• Age
• Marital status

If you feel a landlord is using your reliance on assistance as a pretext for discrimination on one of these protected grounds (for example, if your disability is related to your income source), you may still have a case under the Human Rights Act.

What Does New Brunswick Tenancy Law Say?

New Brunswick’s rental relationships are governed by the Residential Tenancies Act.^[2] The law sets out landlord and tenant obligations, but it does not prohibit rejecting applications based on welfare, disability, or government assistance income alone.

If you want to learn more about the responsibilities of landlords and tenants under this Act, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Some landlords may still ask for documents about your income to assess your ability to pay rent. However, they should treat all sources equally and assess your application on merit.

If You Suspect Discrimination: What You Can Do

Even though “source of income” isn’t a protected ground in New Brunswick, you are still protected against discrimination by the Human Rights Act on several other grounds. If you believe a landlord has discriminated against you based on a listed ground, consider the following steps:

• Document interactions, emails, or messages where you suspect discrimination.
• Contact the New Brunswick Human Rights Commission to discuss your situation before making a formal complaint.
• Review the How to File a Complaint page and follow their instructions to start a complaint.

For broader issues tenants can face and practical solutions, see Common Issues Tenants Face and How to Resolve Them.

Official Forms and How to Use Them

• Complaint Form (Human Rights): Used when you believe you’ve been discriminated against on a protected ground. Download the Human Rights Complaint Form (no number). You can use this if, for example, you were denied housing because of a disability related to your income source.
  How to Use: Fill out the form with details of what happened, attach any supporting documents, and submit it to the New Brunswick Human Rights Commission (information on the form).
• Application to the Tribunal (Residential Tenancies): If your dispute is about your existing rental (not application), such as rent, repairs, or eviction, file with the Residential Tenancies Tribunal. Use the Application Form (PDF) (Form 6.1 for disputes requiring a hearing).
  Example: If you are a current tenant and face a dispute over your rights or obligations, submit the form as directed. For more, see the full forms list on the Tribunal site.

Always review the forms carefully and ensure you provide as much detail as possible for your case.

Practical Tips for Tenants Relying on Assistance

• Prepare proof of income: Bring your government support documentation to show you can pay rent.
• Ask for receipts or communications in writing if an application is refused.
• Document all interactions with prospective landlords.
• Know your rights and, if possible, have a support worker or advocate assist you in the process.

More Resources on Tenant Rights

For a summary of tenancy laws and protections in your province, see Tenant Rights and Landlord Rights in New Brunswick.

Frequently Asked Questions (FAQ)

1. Can a landlord in New Brunswick reject me for being on social assistance?
   Yes, New Brunswick law does not specifically protect “source of income.” It is legal for landlords to consider an applicant’s source of income, except where it overlaps with other protected grounds.
2. What if my disability is the reason for my assistance income?
   If a landlord discriminates against you because of your disability (not just your income source), you may have a complaint under the Human Rights Act. Gather documentation and consider filing a complaint.
3. Where do I file a discrimination complaint?
   Discrimination complaints related to protected grounds are handled by the New Brunswick Human Rights Commission. Rental disputes go to the Residential Tenancies Tribunal.
4. Which forms do I need to file a complaint?
   For human rights complaints, use the Human Rights Complaint Form. For tenancy disputes, use the appropriate Residential Tenancies Tribunal form.
5. How can I strengthen my rental application if I receive assistance?
   Be proactive: provide references, proof of consistent payment history (if possible), and clear documentation of your income source.

Key Takeaways for Tenants on Assistance

• New Brunswick does not consider “source of income” a protected ground under human rights law.
• Discrimination on other protected grounds (disability, race, family status, etc.) is not allowed.
• You can file a human rights complaint if you believe discrimination overlaps with a protected ground.
• Stay organized and document all communications with landlords during your rental search.

Understanding your rights will help you navigate the housing market with greater confidence and protect you against unfair treatment.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission – File discrimination complaints and access rights information
• Residential Tenancies Tribunal of New Brunswick – Rental dispute resolutions, forms, and guidance
• Housing Services, Government of New Brunswick – Affordable housing programs and support
• Provincial tenant advocacy groups may offer additional information and guidance

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1. See New Brunswick Human Rights Act, available at official government source (NB HRA)
2. See Residential Tenancies Act, available at full legislation text (NB RTA)

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