Family Size Discrimination in New Brunswick Rentals: Legal Guide

If you’re renting in New Brunswick and believe you have experienced discrimination because of your family size, you’re not alone. Many tenants wonder whether landlords can lawfully refuse to rent to families with children or larger households. This article explains your rights under New Brunswick law, practical steps if you face discrimination, guidance on relevant complaint forms, and official support resources, all in plain language.

Understanding Family Size Discrimination in Rentals

Family size discrimination happens when a landlord treats someone unfairly based on the number of people in their household. This can take many forms:

• Refusing to rent to families with children or to households over a certain size
• Imposing unfair rental terms because of household size
• Setting arbitrary occupancy limits not based on official housing or fire codes

In New Brunswick, the Residential Tenancies Tribunal oversees rental disputes and landlord-tenant rights, while claims of discrimination fall under the New Brunswick Human Rights Act^[1].

Is It Legal for Landlords to Refuse to Rent Because of Family Size?

In New Brunswick, landlords generally cannot discriminate against tenants because of “family status,” which includes being part of a family with children. The Tenant Rights and Landlord Rights in New Brunswick page explains province-specific rules and protections.

However, landlords may set occupancy limits that are reasonable and based on safety codes (such as fire or municipal standards). Occupancy rules must apply equally to everyone and not target families specifically.

Your Rights as a Tenant

• You have the right to equal treatment in housing, regardless of family size or the presence of children.
• Landlords must not advertise or communicate preferences for smaller households, "professionals only," or "no children" tenants.
• If given different terms or denied housing due to family size, you may have grounds to file a complaint.

How to Take Action if You Experience Family Size Discrimination

If you believe a landlord refused your application, increased your rent, or set unfair terms based on your family size, it’s important to take these steps:

• Document what happened: Keep copies of listings, messages, or advertisements showing discriminatory preferences.
• Request written reasons from the landlord if you are denied a rental—this can clarify if the decision was discriminatory.
• If the treatment is ongoing in an existing rental (e.g., threats of eviction for having another child), write down interactions and save any notices.

Making a Formal Complaint

Family size discrimination is a human rights matter in New Brunswick. To protect your rights and seek remedies, you can file a complaint with the New Brunswick Human Rights Commission.

• Form: Human Rights Complaint Form (no number assigned).
  When to use: If you’ve experienced or are experiencing discrimination because of your family status (e.g., a landlord refuses your application due to the number of children).
  How to use: Fill out the official Human Rights Complaint Form from the Human Rights Commission’s website and include the details of the incident.
  Where to submit: Mail, fax, or email it to the New Brunswick Human Rights Commission. Find the procedure and address on the official complaints page.
  Example: If your rental application is denied with the comment “we don’t rent to families with more than two children,” this would qualify for a complaint.

If discrimination is affecting your current tenancy (such as threats of eviction), consider filing a dispute through the Residential Tenancies Tribunal as well. This body handles disputes over evictions, rent, deposits, and related issues in New Brunswick tenancies.

Relevant Legislation

The Residential Tenancies Act (New Brunswick) governs landlord and tenant rights for rental housing. For discrimination issues, the New Brunswick Human Rights Act applies.

FAQs About Discrimination Over Family Size in Rentals

1. Can a landlord legally refuse to rent to families with two or more children?
   Landlords cannot refuse based on family status. Doing so may violate the New Brunswick Human Rights Act.
2. What should I do if I was told “no children allowed” for a rental?
   Document the incident and file a complaint with the New Brunswick Human Rights Commission using the official complaint form.
3. Are there any occupancy limits a landlord can set?
   Landlords may set reasonable occupancy limits as required by building or fire codes, but not for the purpose of denying families.
4. Does the law protect me if I become pregnant or have another child while renting?
   Yes, the Human Rights Act protects you from eviction or unfair treatment if your family grows.
5. Where can I learn more about all my tenant rights?
   Visit Tenant Rights and Landlord Rights in New Brunswick for comprehensive information specific to your province.

Key Takeaways for Tenants

• Discrimination based on family size or the presence of children is not allowed in New Brunswick rental housing.
• File a Human Rights Complaint and consider a tenancy dispute if your rights are violated.
• Official resources and provincial tribunals are available to support tenants.

If unsure where to begin, you can always Explore Houseme for nationwide rental listings with transparent, fair options across Canada.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (NB): Handles rental disputes, evictions, and landlord-tenant rights issues.
• New Brunswick Human Rights Commission: File discrimination complaints and access support resources.
• Tenant Support Services (NB): Information and help for unfair or illegal rental practices.

---

1. [1] "New Brunswick Human Rights Act." Read the official Act here.
2. "Residential Tenancies Act (New Brunswick)." Official legislation text.
3. "Residential Tenancies Tribunal - Province of New Brunswick." Access the Tribunal's website.
4. "New Brunswick Human Rights Commission – How to Make a Complaint." Complaint information.

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy