Discrimination and Accessibility Rights for New Brunswick Tenants

What Counts as Discrimination and Accessibility Issues in New Brunswick Rentals?

Discrimination in housing occurs when a landlord treats a tenant unfairly based on certain personal characteristics defined by law. Accessibility relates to ensuring rental units are usable by all, including people with disabilities.

In New Brunswick, it is illegal for landlords to discriminate against tenants based on characteristics listed in the New Brunswick Human Rights Act^[1]. Discrimination can occur when applying to rent, during your tenancy, or when accessing building services.

• Race, colour, or ancestry
• Religion or belief
• Age
• Marital or family status
• Sex, sexual orientation, or gender identity
• Disability (physical, mental, intellectual, learning)
• Social condition or source of income

What Is Accessibility in Rental Housing?

Accessibility means that rental properties must allow people with disabilities to use and enjoy their homes equally. This includes making reasonable accommodations, such as installing ramps, visual alarms, or granting permission for a service animal.

Landlords cannot refuse a rental or deny an accommodation request simply because a tenant has a disability or needs accessibility modifications.

Your Rights: New Brunswick’s Laws and Where to Get Help

New Brunswick tenants are protected by the Residential Tenancies Act^[2] and the Human Rights Act. Landlords must not:

• Refuse to rent to someone based on a protected ground
• Evict or threaten eviction for requesting a reasonable accommodation
• Deny needed changes to make a rental unit accessible, unless the request causes undue hardship

The official authority for residential tenancies in New Brunswick is the Residential Tenancies Tribunal (New Brunswick Residential Tenancies Tribunal).

How to Deal with Discrimination or Accessibility Issues

If you believe you’ve faced discrimination or your landlord won’t provide a needed accommodation, you have options for action:

1. Speak to your landlord in writing, stating what you need and why. Keep records of all your communications.
2. If your landlord still refuses, file a complaint with the New Brunswick Human Rights Commission using their official Complaint Form:
   • Form Name: Human Rights Complaint Form
   • When & How It’s Used: Complete this form if you believe your tenant rights relating to discrimination or accessibility have been violated. For example, use it if a landlord refuses to permit a service animal or denies an accommodation because of your disability.
     Download official complaint form
3. For tenancy issues (like retaliatory eviction or unsafe living conditions), contact the Residential Tenancies Tribunal for information or dispute resolution. They can guide you on applications or forms relevant to your situation.

Accessibility Requests and Your Rental Agreement

After signing your lease, you still have the right to request accommodations. Landlords must consider all reasonable modifications unless they can prove it would cause serious hardship. If you are facing difficulties after moving in, see What Tenants Need to Know After Signing the Rental Agreement for more information.

Common Tenant Issues Linked to Discrimination

Discriminatory practices might show up as:

• Unequal enforcement of rules or procedures for certain tenants
• Refusal to allow accessibility modifications
• Differential treatment around rent increases or repairs based on protected grounds

Discrimination can overlap with Common Issues Tenants Face and How to Resolve Them, so keep documentation and act early.

What Can Landlords Ask?

Landlords can ask standard questions related to your application, such as references or proof of ability to pay rent, but cannot ask about disabilities (unless related to an accommodation request), race, religion, orientation, family status, or similar protected areas.

Legislation Protecting Tenants in New Brunswick

The main laws safeguarding tenants include:

• New Brunswick Human Rights Act – Anti-discrimination and accessibility rules
• Residential Tenancies Act – Governs rental relationships and enforces tenant rights

External Resources for Guidance

• New Brunswick Human Rights Commission
• Residential Tenancies Tribunal

For broader housing options, Browse apartments for rent in Canada securely and conveniently.

For a comprehensive summary of tenant and landlord rights in your province, visit Tenant Rights and Landlord Rights in New Brunswick.

FAQs About Discrimination & Accessibility for Tenants in New Brunswick

1. Can a landlord refuse to rent to me because I have a service animal?
   Generally, no. Service animals are considered an accommodation under the Human Rights Act. Landlords must allow them unless they can prove undue hardship.
2. What should I do if my landlord refuses my accessibility request?
   First, make your request in writing and keep records. If refused, you can file a complaint with the New Brunswick Human Rights Commission using their official form.
3. Are there limits to accommodations a landlord must provide?
   Landlords must provide reasonable accommodations unless it would create significant cost or health and safety risks (known as undue hardship).
4. Where do I get help if I think I’m being discriminated against in my rental?
   Contact the New Brunswick Human Rights Commission and, if it involves tenancy rights, the Residential Tenancies Tribunal.

How-To: Steps to File a Discrimination Complaint in New Brunswick

1. How do I file a discrimination complaint as a tenant?
   Step 1: Gather evidence and records of discriminatory actions.
   Step 2: Download and fill out the Human Rights Complaint Form.
   Step 3: Submit your form to the New Brunswick Human Rights Commission, in person, by mail, or email.
   Step 4: Respond to follow-up questions from the Commission as needed.
2. How do I request an accessibility accommodation from my landlord?
   Step 1: Identify the modification or accommodation needed.
   Step 2: Submit your request to your landlord in writing, explaining how it relates to your disability and why it is necessary.
   Step 3: Wait for a response. The landlord must respond promptly and cannot refuse without reasonable grounds.

Key Takeaways for New Brunswick Tenants

• You have legal rights protecting you against discrimination as a tenant in New Brunswick.
• Accessibility accommodations for disabilities are required unless they cause your landlord undue hardship.
• If problems occur, you can formally complain using the right forms and government agencies.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission (discrimination and accessibility complaints)
• Residential Tenancies Tribunal (rental disputes and information)
• Free tenant advice may also be available from local housing advocacy organizations

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1. [1] New Brunswick Human Rights Act
2. [2] Residential Tenancies Act (New Brunswick)

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