Can Tenants Be Discriminated Against for Immigration Status in New Brunswick?

Finding roommates or a place to live in New Brunswick can be stressful, especially if you're worried about discrimination based on your immigration status. Understanding your rights is key to protecting yourself, especially in shared rental situations.

What Counts as Discrimination Based on Immigration Status?

Discrimination means being treated unfairly because of certain personal characteristics. In New Brunswick, it is illegal for landlords, property managers, or roommates to treat you differently in renting an apartment, house, or even a room because of your:

• Citizenship status
• Country of origin
• Visa or permit type
• Permanent residency, refugee, or asylum status

This protection applies from your very first contact with a landlord or roommate, through your tenancy, up until you move out.

Laws Protecting Tenants in New Brunswick

Under the New Brunswick Human Rights Act, it is illegal to deny someone housing, harass them, or treat them unfairly because of their immigration or citizenship status. The Act applies to landlords, property managers, and even roommates or other tenants if they act like a landlord.

New Brunswick's Residential Tenancies Act also sets out rules for fair treatment in housing, including in shared accommodation and roommate situations.

For a summary of tenant and landlord legal rights, see Tenant Rights and Landlord Rights in New Brunswick.

Common Signs of Discrimination in Shared Housing

If you are:

• Denied a rental application or a room because you do not have Canadian citizenship
• Asked for higher rent or extra deposit compared to other tenants due to your immigration status
• Refused entry to shared facilities or events
• Harassed by a roommate or landlord for speaking another language or because of your background

—you may be experiencing discrimination.

Your Rights When Looking for a Room or Shared Accommodation

Landlords and current tenants offering rooms cannot refuse you just because of your immigration status. They also cannot require more rent, a bigger deposit, or more personal documentation beyond what is reasonable and legal for all applicants.

Learn more about fair deposit practices in Understanding Rental Deposits: What Tenants Need to Know.

How to Respond if You Face Discrimination

You have several options if you believe you are being discriminated against in your search for shared housing or after moving in:

• Speak up calmly to the landlord or roommate and ask them to explain their decision
• Keep all communications (emails, texts, notes of phone calls) as evidence
• Contact the New Brunswick Human Rights Commission to make a complaint
• For tenancy-related issues, reach out to the Residential Tenancies Tribunal

The New Brunswick Human Rights Commission can investigate unfair treatment related to your immigration status, while the Residential Tenancies Tribunal assists with disputes about rental agreements, deposits, and eviction.

Filing a Complaint: Relevant Forms

• Human Rights Complaint Form (NB HRC): Use this form if you have been discriminated against based on your immigration status in a housing situation. You can find the form and instructions directly through the official Human Rights Commission. Describe what happened, when, and include any supporting documents.
• Form 6 – Tenant Application to the Residential Tenancies Tribunal: Submit this form if you are experiencing unfair treatment under your rental agreement (e.g., sudden eviction or unfair fees). Access the official form and info here: Residential Tenancies Tribunal Forms.

Be sure to act quickly, as there are often deadlines for filing a complaint (sometimes within one year of the event).

Your Rights and Responsibilities as a Tenant

All tenants in New Brunswick, regardless of immigration status, are protected by law once a rental agreement is signed. You have the right to live in your home free from harassment and discrimination. With shared housing, every occupant has legal responsibilities toward the upkeep of the property and respect for others.
For more on this, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Tenant protections apply whether you are renting a whole unit or just a single room in a shared home.

Looking for Rentals? Minimize Your Risk

When searching for a new place, choosing reputable listings can help avoid discrimination or mistreatment. "Explore Houseme for nationwide rental listings" to start your search with reliable options and helpful tools whether you're new to Canada or a long-term resident.

FAQ: Tenants and Immigration Status Discrimination in NB

1. Can a landlord ask about my immigration status when I apply for a room?
   Landlords may ask for documents to verify your identity or ability to pay rent, but they cannot deny you accommodation simply because of your immigration status.
2. What should I do if I am refused a room due to my visa or citizenship?
   Document the incident and file a complaint with the New Brunswick Human Rights Commission as soon as possible.
3. Are there any exemptions to anti-discrimination laws in shared housing?
   Some small, owner-occupied properties with shared kitchen or bathroom facilities may be exempt. However, most mainstream rental situations are covered by the Human Rights Act.
4. Who handles disputes over discrimination in rental housing in New Brunswick?
   The New Brunswick Human Rights Commission handles discrimination complaints; tenancy issues are handled by the Residential Tenancies Tribunal.
5. Will filing a complaint affect my ability to find housing in the future?
   No, it is illegal for landlords to retaliate against tenants for exercising their rights or filing a legitimate complaint.

Key Takeaways for Tenants

• Discrimination based on your immigration status is illegal in nearly all rental situations in New Brunswick
• Both the Human Rights Act and Residential Tenancies Act provide protections
• Use official complaint forms and keep detailed records if you face unfair treatment

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission: Official complaints and information
• Residential Tenancies Tribunal: Rental disputes and forms
• Live Help: For more on your legal rights, read Tenant Rights and Landlord Rights in New Brunswick
• Community Legal Assistance Services: Many local service organizations provide free information in multiple languages

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1. See: New Brunswick Human Rights Act
2. See: New Brunswick Residential Tenancies Act
3. New Brunswick Human Rights Commission, https://www2.gnb.ca/content/gnb/en/departments/jps/human_rights.html
4. Residential Tenancies Tribunal, https://www2.snb.ca/content/snb/en/sites/rental.html

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