Facing eviction can be stressful, and if you believe it was motivated by discrimination, you have options in New Brunswick. This guide explains how tenants can identify discriminatory evictions, where to file a human rights complaint, what forms and evidence to gather, and typical timelines to expect. It uses plain language to help renters understand the difference between tenancy cases and human rights processes, and points to the official bodies that handle each. You will find practical tips for documenting incidents, examples of evidence, and steps to take after an eviction to protect your rights in New Brunswick. Use this as a starting point and contact official services for legal help when needed.
What is a human rights-based eviction?
A human rights-based eviction means the landlord removed you from a rental because of a protected characteristic such as race, disability, family status, sex, religion, or another ground covered by New Brunswick human rights law. Proof can include statements by the landlord, patterns of behaviour, or actions that suggest the eviction was not about rent or repairs but about a protected attribute.
Who handles tenancy vs human rights issues in New Brunswick?
Eviction orders and tenancy disputes are handled by the Residential Tenancies Tribunal in New Brunswick, which hears applications about notices, evictions and deposits [1]. Human rights complaints about discrimination are filed with the New Brunswick Human Rights Commission or the provincial human rights office; they investigate allegations of discrimination and can offer remedies or referrals.
How the two processes differ
- Tribunal cases focus on the lease, notices, and whether the eviction followed the Residential Tenancies Act.
- Human rights complaints focus on discrimination tied to protected characteristics and look at intent and impact.
- Evidence used in one forum can often be used in the other, but forms and time limits differ.
Key forms you may need and how to use them
Below are the common official submissions tenants use when responding to an eviction or alleging discrimination. Use each form as directed on the official site and keep copies.
- Application to the Residential Tenancies Tribunal — use this to challenge an eviction order or to ask for return of deposits; for example, file when you received a termination notice you believe is unjust.
- Human Rights Complaint Form — use this to allege discrimination after an eviction; for example, file when a landlord said they were evicting you because of a disability or family status.
- Evidence checklist (photos, messages, receipts) — you will attach documents that show discriminatory statements, timelines, or inconsistent reasons for eviction.
What evidence helps most
- Copies of eviction notices, lease, and any written communications from the landlord.
- Records of calls or conversations and contact details for witnesses.
- Photos or videos showing selective enforcement, damage claims, or habitability issues used as pretext.
Deadlines and timelines
Time limits vary: Tribunal deadlines for contesting notices are strict and short, while human rights bodies may have different filing windows. Missing a deadline can limit your remedies, so act quickly after an eviction.
- File Tribunal applications immediately after receiving a notice if you plan to dispute an eviction.
- File a human rights complaint as soon as you can; agencies often have months-long filing limits.
Remedies and what you can ask for
Possible outcomes include reversing an eviction, ordering compensation for lost housing or damages, requiring policy changes, or awarding monetary remedies for discrimination. Remedies depend on the evidence and the forum.
- Reinstatement or cancellation of eviction where allowed.
- Compensation for moving costs, lost rent, or damage caused by discriminatory eviction.
- Orders to fix habitability issues if these were used as a pretext for eviction.
For related guidance on deposits after an eviction, see Understanding Rental Deposits: What Tenants Need to Know.
Practical steps to file a complaint
Below is a short plan you can follow right away. After completing steps, file the correct forms with the appropriate office and attend any scheduled hearings.
- Collect all documents: lease, notices, photos, messages, and witness contacts.
- Complete the Tribunal or Human Rights forms and attach your evidence.
- File within the timeframes set by each body, and keep proof of filing.
- Contact tenant advice centres or legal clinics if you need help filling forms or preparing for hearings.
FAQ
- Can I file a human rights complaint after I have already been evicted?
- Yes. You can file a human rights complaint even after an eviction if you believe discrimination was the reason for the eviction; the complaint goes to the human rights office while eviction disputes may go to the Residential Tenancies Tribunal.
- Do I need a lawyer to file a human rights complaint?
- No, you can file on your own using the official form, but you may get help from legal clinics or tenant support services for complex cases.
- Can I get my deposit back and also pursue a human rights claim?
- Yes. Deposit disputes are handled separately and you can pursue both a deposit remedy through the tribunal and a human rights complaint if appropriate.
How-To
- Gather and organize evidence with dates and descriptions so each item clearly ties to the eviction incident.
- Complete the appropriate form (Tribunal or Human Rights) and attach your evidence and witness details.
- Submit the form to the correct office and keep a copy of the filed application and any confirmation you receive.
- Attend hearings or interviews, and bring originals of documents and your list of witnesses.
Key Takeaways
- Discriminatory evictions can be addressed through both tenancy and human rights processes.
- Collect dated evidence immediately and keep copies of all communications.
- Act quickly to meet filing deadlines in each forum.
Help and Support / Resources
- Residential Tenancies Tribunal (New Brunswick)
- New Brunswick Human Rights Commission
- Residential Tenancies Act (New Brunswick)
