Can Landlords Refuse Tenants with Children in New Brunswick?

Worried that having children could affect your chance at renting a home in New Brunswick? You're not alone. Many tenants with families want to know if landlords are legally allowed to reject renters simply for having kids. Knowing your rights helps ensure you’re not subject to unfair treatment during your rental search.

Family Status Discrimination: What Are Your Rights?

In New Brunswick, landlords cannot refuse to rent to you simply because you have children. This is covered under the New Brunswick Human Rights Act, which protects against discrimination based on “family status”—a category that includes being a parent or having dependents.

• It’s illegal: Denial solely due to children is considered discrimination.
• Advertisements: Rental listings stating “adults only” or “no children” usually violate the law.
• Residential Tenancies Tribunal: Rental disputes, including discrimination issues, are generally handled by the New Brunswick Residential Tenancies Tribunal.

In summary, families have an equal right to rent as any other applicants. For more detail on your rights and landlord obligations, see Tenant Rights and Landlord Rights in New Brunswick.

What Is Considered Discrimination?

Discrimination occurs when someone is treated unfairly or unequally because of characteristics such as family status. In rental housing, this could mean:

• A landlord refusing an application because you have children
• Restricting which units or floors families with children can occupy
• Applying special rules or higher deposits only for tenants with kids

Landlords may, however, set reasonable occupancy limits based on health and safety codes. For example, a one-bedroom unit may not be suitable for a family of six. Any restrictions must be justified by local bylaws or safety considerations, not a desire to exclude families altogether. For more on safety, see Health and Safety Issues Every Tenant Should Know When Renting.

What Can You Do If You’re Rejected?

If you believe a landlord has refused to rent to you because you have children, consider the following steps:

• Ask for the Reason: Politely request the landlord's reason for denying your application, ideally in writing.
• Document Everything: Save emails, messages, or written ads that suggest discrimination.
• Contact the New Brunswick Human Rights Commission: File a human rights complaint if discrimination has occurred.
• Reach Out to the Residential Tenancies Tribunal: They can help mediate or provide information on next steps.

Relevant Complaint Forms and How to Use Them

New Brunswick Human Rights Complaint Form

• When to use: If you’ve been denied a rental due to family status, complete the NB Human Rights Complaint Form.
• How to complete: Fill out the online or printable form, detailing the discrimination you faced. Attach any evidence (emails, ads, messages).
• Where to submit: Submit online or mail to the New Brunswick Human Rights Commission.

The Residential Tenancies Tribunal also provides general tenant support. You can contact them for guidance or to mediate a dispute: Residential Tenancies Tribunal website.

What Laws Apply to Renting With Children in New Brunswick?

The Residential Tenancies Act of New Brunswick is the main law governing rentals, but issues of discrimination fall under the Human Rights Act. Both pieces of legislation protect your rights as a tenant.

• The Human Rights Act sets out prohibited grounds of discrimination, including family status.
• The Residential Tenancies Tribunal is the main administrative body for landlord-tenant matters in New Brunswick.

Knowledge of these laws will help you advocate for your rights if issues arise. Both tenants and landlords have rights and obligations—see Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more details on those responsibilities after the lease is signed.

Practical Tips for Tenants with Children

• Be upfront: Let landlords know about all occupants on your application forms.
• Review occupancy standards: Ensure the rental unit suits your family’s size and meets local bylaw requirements.
• Save communications: Document all conversations with prospective landlords, especially if you suspect discrimination.
• Use official channels: If you suspect discrimination, follow formal complaint procedures for best results.

Looking for family-friendly homes? Explore Houseme for nationwide rental listings to find a variety of apartments and houses that suit your needs and budget.

Frequently Asked Questions

1. Can a landlord in New Brunswick refuse to rent to families with children?
   No, rejecting a rental applicant solely because they have children is considered discrimination based on family status under the New Brunswick Human Rights Act.
2. What can I do if I suspect a landlord rejected me because I have kids?
   You can file a complaint with the New Brunswick Human Rights Commission and/or seek assistance from the Residential Tenancies Tribunal. Keep written evidence whenever possible.
3. Can a landlord charge higher deposits for applicants with children?
   No, landlords must apply the same deposit requirements to all tenants regardless of family status. Learn more with Understanding Rental Deposits: What Tenants Need to Know.
4. Are there any exceptions where children can be restricted?
   Only if occupancy numbers exceed local safety or bylaw maximums. Restrictions must be reasonable and applied uniformly to all tenants.
5. Who handles disputes about discrimination in New Brunswick rentals?
   The New Brunswick Human Rights Commission investigates discrimination claims, while the Residential Tenancies Tribunal manages general rental disputes.

Key Takeaways for Tenants

• Landlords cannot reject rental applicants in New Brunswick because they have children.
• If discrimination is suspected, tenants should document the incident and use official complaints processes.
• Provincial laws and tribunals protect both tenant and landlord rights—know which one to contact for your situation.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal — rental disputes, rights info, mediation
• New Brunswick Human Rights Commission — complaints about discrimination
• Residential Tenancies Act (New Brunswick) – Full Legislation Text
• Human Rights Act (New Brunswick) – Full Legislation Text
• Tenant Rights and Landlord Rights in New Brunswick — detailed guide for New Brunswick tenants

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1. New Brunswick Human Rights Act: see wording on family status discrimination
2. NB Residential Tenancies Tribunal: official government information on rental issues
3. NB Human Rights Complaint Form: link to form and process
4. Residential Tenancies Act (NB): current consolidated statute

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