If you’re renting in New Brunswick, understanding your rights around discrimination and accessibility is essential. Whether you’re moving into your first apartment or facing accessibility challenges, knowing what landlords can and can’t do ensures you find and keep a safe, welcoming home.
What Is Discrimination in Renting?
Discrimination occurs when a landlord, property manager, or agent treats a tenant or applicant unfairly based on certain personal characteristics. In New Brunswick, it’s illegal for landlords to refuse, limit, or treat someone differently because of race, age, sex, family status, disability, religion, sexual orientation, or other protected grounds under the New Brunswick Human Rights Act[1].
Accessibility Requirements for Rental Housing
Landlords have a duty to accommodate tenants with disabilities to the point of undue hardship. This includes providing reasonable adjustments so that people with disabilities can enjoy their rental housing like anyone else.
- Allowing service animals, even if a 'no pets' policy exists
- Permitting modifications, such as grab bars or ramps (tenants may be responsible for costs, but landlords must not unreasonably refuse)
- Ensuring common areas are accessible
It’s wise to communicate accessibility needs early in your rental search.
Discrimination & Accessibility Checklist for New Brunswick Tenants
- Screening: Did your landlord ask only legal questions (not about your personal or protected characteristics)?
- Application Process: Were you treated the same as other prospective tenants?
- Lease Terms: Are there clauses that restrict your rights based on family status or disability?
- Service Animals: Are they allowed if you have a disability, regardless of the pet policy?
- Modifications: Can you make necessary accessibility changes to your unit?
- Building Access: Is the building accessible or can reasonable changes be made?
- Harassment or Retaliation: Have you experienced unwanted behaviour after requesting accommodation?
If you answer “no” to any, reach out to the New Brunswick Human Rights Commission or consider filing a complaint (details below).
How to File a Discrimination or Accessibility Complaint
If you believe you’ve experienced discrimination or weren’t properly accommodated, you can:
- Contact the landlord and explain your needs in writing.
- Keep records of all correspondence and responses.
- If issues remain, file a complaint with the New Brunswick Human Rights Commission using their official Complaint Form (PDF download here).
Example: If your landlord refuses to allow a certified guide dog, you could use the Complaint Form to open a formal investigation with the commission.
Your Rights and Responsibilities: The New Brunswick Residential Tenancies Act
The Residential Tenancies Act[2] protects tenants from discrimination and outlines landlord obligations. The Office of the Rentalsman (now known as the Residential Tenancies Tribunal) handles rental issues. Learn more or contact the tribunal here.
The Act also requires landlords to provide habitable, safe, and accessible housing. For more details on general tenant and landlord rights in your province, see Tenant Rights and Landlord Rights in New Brunswick.
Practical Tips to Protect Yourself
- Put all requests for accommodation in writing
- Document accessibility issues with photos
- Keep copies of your lease and any correspondence about your needs
- Understand your obligations—such as leaving the unit in good condition, which you can read more about in Obligations of Landlords and Tenants: Rights and Responsibilities Explained
- If repairs affect accessibility or health, see Health and Safety Issues Every Tenant Should Know When Renting
Understanding the Limits: What Landlords Can Refuse
Landlords must accommodate to the point of undue hardship. This means major costs or safety risks may not be required, but simply being inconvenient or unfamiliar is not valid grounds for refusal. The Rentalsman/Tribunal will assess each case based on the evidence provided.
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Frequently Asked Questions About Discrimination & Accessibility in NB Rentals
- Can a landlord refuse to rent to me because I have a service animal? No, landlords in New Brunswick must allow service animals for tenants with disabilities, even if the building has a no pet policy.
- What if my landlord refuses to let me install grab bars? Landlords cannot unreasonably deny reasonable modifications for accessibility. If refused, you can file a complaint with the Human Rights Commission.
- Is it legal for a landlord to ask about my religion or family status? No, these questions are not permitted under the New Brunswick Human Rights Act during rental screening.
- Who handles rental discrimination complaints in New Brunswick? The New Brunswick Human Rights Commission handles discrimination cases, and the Residential Tenancies Tribunal (Rentalsman) handles rental relationship disputes.
- Where can I learn more about general tenant rights in New Brunswick? See Tenant Rights and Landlord Rights in New Brunswick.
How To: Respond to Discrimination or Denied Accommodation
- How do I request an accommodation for my disability? Write to your landlord explaining your accessibility needs, such as installing a ramp or keeping a service animal. Include medical or supporting documentation if possible.
- How do I file a discrimination complaint? Download and fill out the Human Rights Commission Complaint Form. Submit it by mail, fax, or in person—detailed instructions are on the form itself.
- How should I document my accessibility concerns? Keep a journal of incidents and communications, and take photos of any barriers or hazards to provide evidence if you file a complaint.
Key Takeaways for Tenants
- Discrimination in rental housing is illegal and includes failures to accommodate disabilities
- New Brunswick tenants can request modifications and file complaints if treated unfairly
- Keep all records and refer to official policies, forms, and legislation for support
Need Help? Resources for Tenants
- New Brunswick Human Rights Commission (to file discrimination complaints)
- New Brunswick Residential Tenancies Tribunal (Rentalsman) (rental disputes and advice)
- Forms and guidance: Official Human Rights Commission forms
- General tenant rights: Tenant Rights and Landlord Rights in New Brunswick
- New Brunswick Human Rights Act, official text
- Residential Tenancies Act, full legislation
