Housing Discrimination Cases: Lessons for Tenants in New Brunswick

Discrimination in housing is a serious issue, and tenants in New Brunswick are protected by law from unfair treatment based on race, religion, disability, family status, and other grounds. By examining real case studies and the rules that apply, tenants can better understand their rights—and what to do if they believe they’ve been treated unfairly.

Understanding Housing Discrimination in New Brunswick

Housing discrimination occurs when a landlord, property manager, or other party treats a tenant or applicant unfairly because of certain personal characteristics. In New Brunswick, this is prohibited by the New Brunswick Human Rights Act and supported by landlord-tenant laws.

• Common protected grounds: race, colour, religion, sex, sexual orientation, marital status, family status, disability, age, social condition, and more
• Examples include refusing to rent to someone with children, not accommodating a tenant’s disability, or discriminatory advertising

What Tribunal Handles Tenant Discrimination Complaints?

If you experience discrimination as a tenant, you can file a complaint with the New Brunswick Human Rights Commission. Residential tenancy disputes, such as eviction or rent, go to the Residential Tenancies Tribunal of New Brunswick, but human rights complaints are specifically heard by the Commission.

Case Studies: Real Examples from New Brunswick

Below are key cases and situations that have shaped the legal landscape for tenants facing discrimination in New Brunswick. For many tenants, understanding precedent helps identify whether their experience may break the law.

Case 1: Disability Accommodation Denied

Situation: A tenant with a mobility impairment requested permission to install a ramp. The landlord refused, stating it would alter the property’s appearance.

• Outcome: The Human Rights Commission found this was discriminatory, since landlords are required to accommodate to the point of undue hardship¹.
• The landlord had to allow modifications and participate in the process of accommodating the tenant’s needs.

Case 2: Family Status Discrimination

Situation: A landlord refused to rent a two-bedroom apartment to a single parent with two children, insisting that “adults only” was their policy.

• Outcome: The Human Rights Act prohibits discrimination based on family status. The landlord’s policy was found to be unlawful, and the affected tenant was offered compensation.

Landlords must treat applicants and tenants fairly, regardless of family status. If you are unsure about your general rights as a tenant in the province, see the full overview of Tenant Rights and Landlord Rights in New Brunswick.

Case 3: Discrimination Based on Social Condition

Situation: An applicant receiving social assistance was told by a landlord that they only rented to “working professionals.”

• Outcome: The Human Rights Commission confirmed that income source and social condition are protected grounds. Denying an applicant for this reason violated the Act.

If you encounter similar issues, documenting communications and seeking support is important. For practical advice on resolving rental problems, see Common Issues Tenants Face and How to Resolve Them.

How to File a Housing Discrimination Complaint

If you believe you have experienced discrimination, you have the right to make a formal complaint with the Commission. Key forms and resources include:

• New Brunswick Human Rights Complaint Form: Used to start a discrimination complaint. Download and file via the official Complaint Form (PDF). You’ll need to describe what happened, who was involved, and attach any evidence.
• Contact the Commission directly at 1-888-471-2233 or their website to learn more about the process, mediation, and investigation steps.

There is no fee to file a discrimination complaint. Timelines matter—complaints must usually be filed within one year of the incident.

Relevant Tenancy Legislation

• New Brunswick Human Rights Act
• Residential Tenancies Act (New Brunswick)

Tenants should collect written communications (emails, texts) and contact the Human Rights Commission as soon as discrimination is suspected.

What Happens After You File?

After submitting your complaint, the Commission will:

• Review the claim and reach out for more details
• Offer mediation to resolve the issue out of court
• Investigate, if necessary, and may hold a hearing to decide if discrimination occurred
• Order remedies, such as compensation or policy changes, if a violation is found

Resources for Finding a Fair Rental

Looking for a new home in Canada? Find rental homes across Canada on Houseme and avoid discriminatory listings—filter by accessibility, family size, and more.

Frequently Asked Questions

1. What types of discrimination are illegal when renting in New Brunswick?
   It is illegal for landlords to discriminate based on race, religion, sex, sexual orientation, family status, age, disability, social condition, and more, according to the New Brunswick Human Rights Act.
2. How do I make a complaint if I experience rental discrimination?
   Complete the Human Rights Complaint Form and file it with the New Brunswick Human Rights Commission. You can contact them for guidance and support.
3. Does the Residential Tenancies Tribunal handle discrimination cases?
   No. Discrimination cases are handled by the Human Rights Commission; the tribunal only handles general tenancy issues like repairs and evictions.
4. Can landlords reject tenants who are receiving social assistance?
   No. Refusing someone based on income source or social condition is not allowed by law.
5. Where can I learn more about my rights as a tenant?
   See the Tenant Rights and Landlord Rights in New Brunswick for a full overview of your legal protections and responsibilities.

Key Takeaways for Tenants

In summary:

• New Brunswick law clearly prohibits discrimination in rental housing
• Protection applies to many characteristics, including disability, family status, and social condition
• If you believe you’ve faced discrimination, file a complaint promptly with the Human Rights Commission

Know your rights and don’t hesitate to seek help if treated unfairly.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission – file complaints or get advice (1-888-471-2233)
• Residential Tenancies Tribunal of New Brunswick – tenancy disputes and information
• Tenant Rights and Landlord Rights in New Brunswick – comprehensive tenant information
• Community Legal Aid or local tenant advocacy organizations (varies by city)

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1. See: New Brunswick Human Rights Act (Official Government Site)
2. New Brunswick Human Rights Commission - Official Portal & Complaint Form
3. New Brunswick Residential Tenancies Act – see legislation here
4. Sample cases and interpretations: NB Human Rights Commission Annual Reports, accessible at Official Publications

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