Discrimination Penalties for Landlords in New Brunswick

Discrimination by a landlord can affect a tenant's safety, housing stability and legal rights. This guide explains what behaviour can be considered discrimination in New Brunswick, what penalties a landlord may face, and practical steps a renter can take to file a complaint. You will learn how evidence, notices and official forms are used, how a tribunal hearing works, and what enforcement options are available. The information is written for tenants and renters and uses clear language so you can act confidently, whether you need to seek a tribunal order, request repairs tied to discrimination issues, or get compensation for harm.

What counts as discrimination in New Brunswick?

Discrimination in housing generally means treating someone differently because of a protected characteristic such as race, colour, religion, sex, family status, disability, sexual orientation, or other grounds protected by provincial human rights law. Examples can include refusing a tenancy application, imposing different rules or rent terms, or denying reasonable accommodation for a disability when it is required and safe to do so. Tenants who think they have been discriminated against should document incidents, communication and any witnesses.

Penalties and consequences landlords may face

If a landlord is found to have discriminated against a tenant, consequences can include orders from a tribunal or court and financial penalties. The exact remedies depend on the finding, the law applied, and whether the matter is handled by the Residential Tenancies Tribunal or a human rights tribunal.

• Monetary fines or orders to pay compensation to the tenant for lost housing or emotional harm.
• Orders to stop discriminatory practices and to comply with provincial tenancy or human rights rules.
• Tribunal decisions that can be enforced in court, including injunctions or judicial orders.
• Reimbursement of improperly withheld deposits or other financial remedies if discrimination affected tenancy terms.

How tenants can prepare before filing

Good preparation improves outcome chances. Keep written notes of incidents, copies of texts or emails, dated photos, and witness names. Send a clear written request to the landlord describing the issue and what remedy you seek — this helps create a record and may resolve the dispute without a hearing.

• Gather evidence: photos, messages, receipts, and witness contact details.
• Send a written request to the landlord asking for the issue to be fixed or stopped; keep a copy.
• If the landlord does not respond, apply to the appropriate tribunal or human rights body for a hearing.

Practical steps to file a complaint

1. Collect and organize evidence that shows discriminatory treatment, including dates and witnesses.
2. Send a written notice to the landlord explaining the problem and your requested remedy; keep proof of delivery.
3. Complete and submit the tribunal application or complaint form to the Residential Tenancies Tribunal or the provincial human rights commission as appropriate.^[1]
4. Attend the hearing, present your evidence, and be prepared to explain what outcome you want (order to stop, compensation, etc.).
5. If you receive a decision in your favour, follow the tribunal directions to enforce orders; you may need court assistance for enforcement.

FAQ

Can I file a discrimination complaint and a repair request at the same time?

Yes. You can pursue habitability or repair remedies while also raising discrimination concerns; mention both in your written request and at any tribunal application.

How long do I have to file a complaint?

Time limits vary by the type of claim and the tribunal. File as soon as reasonably possible after the incident and check the tribunal or human rights commission timelines.

What if the landlord retaliates after I complain?

Retaliation may be illegal. Document any retaliatory actions and report them to the tribunal or human rights body; there are protections against retaliatory evictions or harassment.

How-To

1. Step 1: Collect clear evidence of the discriminatory incident, including dates, messages, photos and witnesses.
2. Step 2: Send a written notice to the landlord describing the issue and your requested remedy; keep proof of delivery.
3. Step 3: Fill out and submit the tribunal application or complaint form to the Residential Tenancies Tribunal or the human rights commission.
4. Step 4: Attend the hearing, present your organized evidence, and request the remedies you need.
5. Step 5: If the tribunal rules for you, follow enforcement instructions and seek court help if necessary.

Key Takeaways

• Document everything: dates, messages, photos and witnesses are essential evidence.
• Start with a written notice to the landlord before filing formal tribunal applications.
• Tribunals can order compensation, fines or compliance; enforcement may require court steps.

Help and Support / Resources

• Residential Tenancies Tribunal information (Government of New Brunswick)^[1]
• New Brunswick legislation and tenant information (Government of New Brunswick)^[2]
• Forms and applications for tenancy disputes (Service New Brunswick)^[3]

1. [1] Residential Tenancies Tribunal information (Government of New Brunswick)
2. [2] New Brunswick legislation and tenant information (Government of New Brunswick)
3. [3] Forms and applications for tenancy disputes (Service New Brunswick)