Challenging Unfair Rental Denials in New Brunswick

Have you recently been turned down for an apartment or house rental in New Brunswick and think it was unfair? Rental denials can be discouraging, but as a tenant, you have legal rights to challenge discrimination and unfair refusals. This guide explains tenant rights in New Brunswick, outlines the steps you can take, and highlights official resources to help ensure you're treated fairly.

When Is a Rental Denial Unfair or Discriminatory?

In New Brunswick, landlords can select tenants based on legitimate criteria like ability to pay rent or references. However, it is illegal for landlords to deny your rental application for reasons protected by the New Brunswick Human Rights Act, such as:

• Race, colour, national or ethnic origin
• Religion or creed
• Age or marital status
• Sex, sexual orientation, gender identity or expression
• Disability
• Source of income (in most situations)

If a landlord refuses you based on any of these factors, this may be considered discrimination under provincial law.

What Are Tenant Rights in New Brunswick?

Tenants in New Brunswick are protected by the Residential Tenancies Act and the Human Rights Act. Both laws protect against discriminatory rental practices and ensure everyone has fair access to housing. For a full overview, see Tenant Rights and Landlord Rights in New Brunswick.

Common Grounds for Challenging a Denial

• You suspect the denial is based on race, religion, disability, family status, or other protected characteristics.
• The landlord asked for information about your immigration status, family plans, or health conditions.
• You were told children or pets are not allowed, but the restriction isn’t based on building regulations or insurance.

How to Challenge an Unfair Rental Denial

If you believe you were denied a rental unfairly or due to discrimination, you can take the following steps to protect your rights.

1. Gather Your Documentation

• Keep copies of emails, text messages, or application forms.
• Note any statements made by the landlord that may indicate bias.

2. Ask the Landlord for Reasons

Politely request a written explanation of why your application was refused. This can help clarify if the reason is legal or potentially discriminatory.

3. Contact the New Brunswick Human Rights Commission

The New Brunswick Human Rights Commission investigates alleged discrimination, including unfair rental denials. You can file a complaint if you believe the denial was based on one of the protected characteristics listed above.

Official Form: Human Rights Complaint Form

• Name: Human Rights Complaint Form (no number assigned)
• When to use: If you think you were denied a rental for a discriminatory reason
• How to use: Fill out the form describing your experience, and submit it to the Commission by mail, fax, or in person.
• Download the Human Rights Complaint Form (PDF)

The Commission will review your complaint and may contact you and the landlord to investigate further.

4. Know Your Tenancy Board Options

The official body responsible for rental disputes in New Brunswick is the Residential Tenancies Tribunal of New Brunswick. While the Tribunal mainly handles issues after tenancies have started (like rent increases or repairs), for discrimination issues related to rental applications, the Human Rights Commission is the primary recourse.

For more on resolving rental issues, see Common Issues Tenants Face and How to Resolve Them.

5. Additional Support and Next Steps

• If you think the refusal is not discriminatory but feel it’s still unfair, consider speaking to a tenant advocacy group or contacting the Tribunal for guidance.
• Stay respectful and organized in all communications. This will strengthen your case and help resolve misunderstandings.

For broader options, you can explore Houseme for nationwide rental listings to widen your search.

FAQ: Challenging Rental Denials in New Brunswick

1. What should I do if I’m denied a rental for having children?
   If the denial seems based on family status, you can file a complaint with the New Brunswick Human Rights Commission. Discrimination based on family status is generally prohibited.
2. Can a landlord refuse my application if I’m on social assistance?
   Refusing a rental based solely on source of income can be considered discrimination under the Human Rights Act in most situations. You can file a complaint if you suspect this reason.
3. Who investigates rental discrimination complaints?
   The New Brunswick Human Rights Commission investigates rental discrimination. They handle complaints and can mediate between tenants and landlords.
4. Does the Residential Tenancies Tribunal handle application denials?
   The Tribunal is mainly for disputes during or after a tenancy. For discrimination in applications, contact the Human Rights Commission.

Conclusion: Key Things to Remember

• Rental denials based on protected characteristics are prohibited under New Brunswick law.
• You can file a free complaint using the Human Rights Commission’s official form.
• Keep records and stay professional when communicating with landlords or authorities.

Challenging discrimination protects your rights and helps make housing fair for everyone. For in-depth rights information, refer to Tenant Rights and Landlord Rights in New Brunswick.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission: For discrimination complaints and support
• Residential Tenancies Tribunal of New Brunswick: For general rental disputes and questions
• Tenant advocacy services: Contact local legal clinics or housing help centres
• Need to broaden your rental search? Explore Houseme for nationwide rental listings

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1. New Brunswick Human Rights Act: See full legal text
2. Residential Tenancies Act (NB): See legislative details
3. New Brunswick Human Rights Commission: Official site
4. Residential Tenancies Tribunal: Official site

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