Discrimination and Accessibility Tenant FAQ – New Brunswick

Facing discrimination or barriers to accessibility in your rental unit can be stressful. As a tenant in New Brunswick, you are protected by provincial laws aimed at ensuring rental housing is fair, accessible, and free from discrimination. This guide answers common questions about tenant rights, highlights the complaint process, and helps you take action if you believe you've been treated unfairly. Understanding your rights can empower you to resolve problems with your landlord and live comfortably in your home.

Discrimination in Rental Housing: Your Rights and Protections in New Brunswick

Discrimination happens when a landlord treats a tenant unfairly based on personal characteristics. In New Brunswick, this is covered by the New Brunswick Human Rights Act^[1]. Landlords cannot refuse to rent to you, or treat you differently, based on factors like:

• Race or colour
• National or ethnic origin
• Religion or creed
• Age
• Sex, sexual orientation, gender identity, or gender expression
• Family or marital status
• Disability or the need for an assistive device/service animal
• Source of income (including social assistance)

If you believe you are being denied a unit, harassed, or otherwise disadvantaged due to any of these categories, you may have grounds to file a complaint.

Landlord and Tenant Obligations Around Accessibility

Both tenants and landlords have duties under the Residential Tenancies Act (New Brunswick)^[2]. Landlords must make reasonable accommodations for tenants with disabilities, such as allowing service animals or permitting minor modifications (like grab bars or ramps), so long as it doesn't cause "undue hardship." This means accommodations should not be unreasonably difficult or costly.

Tenants are responsible for requesting accommodations in writing and working cooperatively with their landlord. It's usually best to start the process through open communication.

How to File a Discrimination or Accessibility Complaint

If you believe you have experienced discrimination or accessibility barriers, you can file a complaint with the New Brunswick Human Rights Commission. Common reasons include being denied a rental, unfair eviction, or refusal to accommodate a disability.

Official Form: "Complaint of Discrimination”

• Form Name: Complaint of Discrimination (no form number)
• When to Use: If you feel a landlord or property manager has discriminated against you for a protected reason or refused a reasonable accessibility accommodation.
• How to Use: Download the official Complaint Form. Fill it in with details about what happened. Submit by mail, fax, or email to the Human Rights Commission. Provide supporting evidence (emails, notices, witness statements).

Other Useful Steps

• Document every incident and keep copies of all communication
• Talk to your landlord about your concerns before making a complaint
• If issues involve repairs, health, or safety, see Health and Safety Issues Every Tenant Should Know When Renting for more information

Common Issues: Accessibility & Reasonable Accommodation

Tenants with disabilities have the right to request changes that make the property accessible, such as:

• Installation of ramps, lifts, or grab bars
• Permission for service animals, even in “no-pet” buildings
• Changes to door handles, light switches, etc.

You may be asked to pay for some modifications. Landlords must allow you to make reasonable modifications unless it poses an undue hardship.

If Your Request Is Denied

If your landlord refuses a reasonable accommodation, you can:

• Submit a written request again with supporting documentation (for example, a doctor’s note)
• Seek legal advice or contact a tenant resource office
• File a complaint with the Human Rights Commission

New Brunswick Rental Law and Where to Get Help

For general rental disputes not directly involving human rights (such as repairs or standard tenancy rights), contact the Residential Tenancies Tribunal (New Brunswick). This board also provides information on eviction, deposit returns, and standard lease obligations.

For a full overview of tenant rights, visit the Tenant Rights and Landlord Rights in New Brunswick page.

For safe, accessible, and discrimination-free rental listings, you can Find rental homes across Canada on Houseme with confidence.

1. What is considered discrimination by a landlord in New Brunswick?
   Landlords are not allowed to deny you a rental, end your tenancy, or treat you differently based on race, age, family status, disability, or other protected grounds listed under the Human Rights Act. This includes refusing service animals or unfairly applying rules.
2. Who do I contact if I am discriminated against when looking for a rental?
   Complaints about discrimination or accessibility are handled by the New Brunswick Human Rights Commission. You can file a formal complaint using their process.
3. What is "reasonable accommodation" in rental housing?
   Reasonable accommodation means making changes to rules, practices, or the physical space so tenants with disabilities can have equal enjoyment of their home. Examples include allowing service animals, installing ramps, or flexible policies. Landlords must provide these unless it causes "undue hardship."
4. Are landlords allowed to ask about my disability or source of income?
   Landlords may not ask detailed personal health questions. They can only request enough information to evaluate an accommodation or suitability for tenancy (e.g., ability to pay rent), but not about unnecessary medical details or specific government benefits.
5. What legislation protects tenants from discrimination in New Brunswick?
   The New Brunswick Human Rights Act and the Residential Tenancies Act (New Brunswick) provide these protections.

1. How do I file a discrimination complaint as a tenant?
   Obtain the Complaint of Discrimination form. Fill it with as much detail as possible about your situation. Submit it by mail, fax, or email to the Human Rights Commission. Attach copies of any supporting evidence, like emails, letters, or witness statements.
2. How can I request an accessibility accommodation from my landlord?
   Put your request in writing and explain the modification needed and why. Include any supporting documentation, like a note from your doctor. If your landlord does not respond or denies your request without reason, follow up in writing and consider contacting the Human Rights Commission.
3. How do I document discrimination for my complaint?
   Keep a written record of all incidents, dates, and communications. Save texts, emails, or letters received and sent, and ask witnesses for written statements if possible. This strengthens your case if you file a complaint.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission – file provincial discrimination or accessibility complaints
• Residential Tenancies Tribunal (New Brunswick) – tenancy laws, rent, repairs, and deposits
• Tenant Rights and Landlord Rights in New Brunswick – full overview of tenant and landlord obligations

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

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