Discrimination & Accessibility: Tenant Mistakes to Avoid in New Brunswick

Facing discrimination or accessibility barriers as a tenant in New Brunswick can be distressing. Understanding your rights—and common mistakes to avoid—can help you protect yourself, access fair housing, and resolve issues faster. In this guide, we clarify what discrimination and accessibility issues often look like, what the law says, and practical steps you can take to avoid problems as a tenant.

What is Discrimination in Rental Housing?

Discrimination in rental housing means being treated unfairly or denied housing because of certain personal characteristics. In New Brunswick, the Human Rights Act protects tenants against discrimination based on:

• Race, colour, nationality, or ethnic origin
• Disability or physical condition
• Religion or belief
• Family status (including the presence of children)
• Age, gender identity, or sexual orientation

Landlords cannot legally refuse to rent to you, set different terms, or harass you because of these protected grounds.
For more on your rights as a tenant, see Tenant Rights and Landlord Rights in New Brunswick.

Common Mistakes Tenants Make Dealing with Discrimination & Accessibility

• Not documenting incidents: Failing to keep clear notes and evidence if you think you’ve been discriminated against.
• Assuming something is ‘just a misunderstanding’: Overlooking discriminatory comments or barriers and not raising concerns early with the landlord or proper authorities.
• Not requesting accommodation: Feeling unsure whether you can ask for accessibility modifications or support.
• Missing deadlines for complaints: Waiting too long to file a complaint with the New Brunswick Human Rights Commission or Residential Tenancies Tribunal.
• Not knowing your rights or obligations: It helps to understand both tenant and landlord duties—review the Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Understanding Accessibility Rights for Tenants

Under New Brunswick law, landlords must accommodate tenants with disabilities unless it causes undue hardship. This may mean installing ramps, allowing service animals, or changing policies to remove barriers. If you need an accommodation, put your request in writing and clearly describe the support you need.

You should not be charged extra rent, have your lease threatened, or be harassed for making a legal accessibility request.

How to Make a Discrimination or Accessibility Complaint

If you believe your rights have been violated:

• Start by documenting the issue—write down dates, details, and gather evidence like emails or letters.
• Communicate your concerns in writing to your landlord. State the issue clearly and what outcome you are seeking.
• If things do not improve, you may file a formal complaint.

Official Forms and Where to File

• Human Rights Complaint Form (NB Human Rights Commission):
  Use this form if you face discrimination based on a protected ground (e.g., race, disability, family status).
  Access the NB Human Rights Commission complaint process.
  Example: If your landlord refuses to permit your certified service animal, use this form to start a complaint process.
• Residential Tenancies Tribunal Request for Assistance:
  If your issue relates to rights under a lease (e.g., repairs, eviction, accessibility modifications to your rental unit), file this form.
  Find forms through Service New Brunswick.
  Example: If your landlord will not install a needed accessibility ramp to your apartment entrance, you can request the Tribunal to help resolve the dispute.

The Residential Tenancies Tribunal of New Brunswick handles tenancy disputes, including accessibility accommodations under the Residential Tenancies Act.^[1]

What if You're Facing Retaliation?

It’s illegal for a landlord to evict, threaten, or harass you because you asserted your rights. If you experience retaliation, keep detailed notes and contact both the Tribunal and the Human Rights Commission for help. This is a common issue highlighted in the Common Issues Tenants Face and How to Resolve Them guide.

Where to Learn More or Find a Home Without Discrimination

If you need a new place to live and want to avoid discriminatory listings, Browse apartments for rent in Canada safely and easily.

FAQs: Discrimination & Accessibility for Tenants in New Brunswick

1. What protections do I have against discrimination in New Brunswick rental housing?
   The New Brunswick Human Rights Act prevents landlords from discriminating based on race, disability, family status, and other protected grounds. You have the right to equal treatment.
2. How do I request an accessibility accommodation from my landlord?
   Put your request in writing, specify what you need and why, and keep copies of all communications. Your landlord must consider the request and can only refuse for valid, legal reasons.
3. What can I do if my landlord is ignoring my complaint or request?
   If informal communication fails, file a complaint with the NB Human Rights Commission or submit a Request for Assistance to the Residential Tenancies Tribunal.
4. Will making a complaint affect my ability to stay in my rental?
   No. The law prohibits landlords from retaliating against tenants who assert their legal rights. Keep detailed records if you feel threatened after making a complaint.
5. Can my landlord charge me extra rent for needed accessibility modifications?
   No. Landlords cannot charge additional fees for accommodations required under human rights law.

How To: File a Discrimination or Accessibility Complaint in New Brunswick

1. How do I document a discrimination incident in my rental?
   Write down everything you experienced, include dates, times, what happened, and who was involved. Save emails or texts as supporting evidence.
2. How can I file a formal complaint for discrimination?
   Complete the Human Rights Complaint Form from the NB Human Rights Commission website and submit it as directed, either online or by mail.
3. How do I ask the Tenancies Tribunal for help with accessibility?
   Fill out the Residential Tenancies Tribunal Request for Assistance form found on Service New Brunswick’s website, and include details about your accommodation need.
4. How soon must I act after discrimination occurs?
   You should file a complaint as soon as possible. There are time limits—usually within one year for human rights claims. Earlier is always better.

Key Takeaways

• Keep records: Document all discriminatory or accessibility issues promptly.
• Know your rights: The law protects tenants from discrimination and mandates accessibility accommodation.
• Take action: Reach out to the Human Rights Commission or Tribunal promptly to enforce your rights.

Stay informed and proactive, and don’t hesitate to seek help if you face discrimination or accessibility challenges in your rental.

Need Help? Resources for Tenants in New Brunswick

• New Brunswick Human Rights Commission — File human rights and discrimination complaints.
• New Brunswick Residential Tenancies Tribunal — Tenancy dispute resolution, including accessibility and rental rights.
• Tenant Rights and Landlord Rights in New Brunswick — Rights explained in plain language.
• Service New Brunswick: Rental Forms — All tenancy forms, requests, and notices online.

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1. The Residential Tenancies Act sets out tenant and landlord rights and responsibilities in New Brunswick.
2. For anti-discrimination and accessibility, the Human Rights Act applies to rental housing.
3. For official forms, visit the Service New Brunswick Rental Forms site.

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