Human Rights and Rental Housing: A Tenant’s Guide in New Brunswick

Tenants in New Brunswick are protected from discrimination under both the New Brunswick Human Rights Act and rental housing laws. If you live in a shared housing arrangement or have roommates, knowing these protections is essential for a safe, fair home. This guide explains how the Human Rights Code applies to rental housing, what to do if you face discrimination, and the steps to resolve issues. It covers roommate scenarios, common areas where discrimination can occur, and your avenues for support as a New Brunswick tenant.

Understanding Your Rights: Human Rights Law and Rental Housing

The New Brunswick Human Rights Act sets out protections against discrimination based on race, colour, sex, gender identity or expression, sexual orientation, age, marital status, family status, disability, religion, and more. This means landlords and roommates cannot legally discriminate against you at any stage of the rental process – from applying to move out.

• Applications & Inquiries: Landlords and existing roommates can only ask for information relevant to your eligibility and ability to pay rent.
• Tenancy Terms: All tenants, including those living with roommates, must have equal access to rental terms, facility use, and repairs, regardless of protected grounds.
• Evictions & Roommate Conflicts: You cannot be evicted or subject to different rules due to a human rights ground (for example, family status, disability, or race).

For a province-wide overview, see Tenant Rights and Landlord Rights in New Brunswick.

Examples of Discrimination in Shared Housing

• Refusing to rent a room to someone because of their sexual orientation or religion
• Imposing stricter rules on a tenant with a disability
• Making unwelcome comments or creating a hostile environment for a roommate based on race

Roommate situations can get complicated. Even in shared accommodations, all tenants have human rights protections. However, private households where the owner also lives on-site may have some exceptions—consult the New Brunswick Human Rights Commission's housing rights page for details.

If You Face Discrimination: What Tenants Can Do

If you believe your rights as a tenant or roommate have been violated, you can take action. In New Brunswick, human rights complaints are handled by the New Brunswick Human Rights Commission. For rental and tenancy issues outside human rights matters, the Residential Tenancies Tribunal manages landlord-tenant disputes.

Typical situations in shared housing or roommate rentals where complaints might arise include:

• Being denied a lease or room for a discriminatory reason
• Experiencing harassment or threats based on a protected ground
• Different treatment or rules due to disability, gender, or other covered characteristics

How to File a Human Rights Complaint

To submit a human rights complaint in New Brunswick:

• Gather any relevant records or messages (texts, emails, notes) that show possible discrimination.
• Fill out the Complaint of Discrimination Form (provided by the Human Rights Commission).
• File the form through the official complaint portal or by mail.

If your complaint is about rental repairs, deposits, or maintenance and not discrimination, you would instead contact the Residential Tenancies Tribunal. Learn about Health and Safety Issues Every Tenant Should Know When Renting if your living conditions are affected.

New Brunswick Rental Legislation and Key Protections

Tenants are also protected under the Residential Tenancies Act (New Brunswick)^[1]. This law covers:

• Your security deposit rights
• Notice periods for ending a tenancy
• Rules for shared housing, sublets, and roommates
• Process for dealing with disputes

See Understanding Rental Deposits: What Tenants Need to Know for details on security deposit rules specific to New Brunswick.

Common Forms for Tenants

• Application for Assistance (Form 1): Use if you have a dispute with your landlord or need a formal ruling from the Residential Tenancies Tribunal. Download Form 1 (PDF).
  Example: If your landlord refuses a repair or withholds a deposit, complete Form 1 to open a case.
• Complaint of Discrimination Form: Used for any human rights violation in tenancy, including by a roommate or landlord. Download the Complaint of Discrimination Form (PDF).
  Example: If you’re denied a rental or harassed due to a protected ground.

For all forms, carefully follow the instructions on the official website, ensure your details are accurate, and keep a personal copy.

Your Rights with Roommates: Tips and Common Issues

Sharing a rental can add complexity. Key things to remember:

• Human rights laws protect you even when renting a room
• Document all agreements with roommates and landlords
• Try to resolve conflicts through clear communication first
• If issues remain, seek help from the Tribunal or Human Rights Commission

If you have broader problems—like broken appliances, pest issues, or unclear landlord responsibilities—see Common Issues Tenants Face and How to Resolve Them.

Looking for a Rental? Protect Yourself

Discrimination is illegal at any stage—even when searching for a new place to live. For Canadian listings that prioritize fair housing and safety, explore Houseme for nationwide rental listings.

1. Can a landlord or roommate refuse to rent to me because of my background?
   No. Both landlords and roommates are required to follow the New Brunswick Human Rights Act. Discrimination based on race, religion, disability, gender, and other protected grounds is illegal in most rental situations.
2. What can I do if I feel harassed by a roommate?
   First, try to resolve it through open discussion. If the harassment relates to a protected ground, you can file a complaint with the New Brunswick Human Rights Commission. Maintain records of all incidents as supporting evidence.
3. Are there exceptions to these protections for shared housing?
   Yes. Some exceptions may apply if you are renting a room in a private home where the owner also lives. Otherwise, the protections generally apply. Check the Human Rights Commission website for full details.
4. Where do I complain if my issue is about repairs or deposits, not discrimination?
   Rental-related complaints (like repairs or return of deposits) go to the Residential Tenancies Tribunal rather than the Human Rights Commission.
5. Do I have to use official forms when making a complaint?
   Yes. Use the correct form: Form 1 for regular tenancy disputes, the Complaint of Discrimination Form for human rights issues. Always submit it directly to the appropriate agency.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission – File a Complaint: Guidance and intake for discrimination in rental housing.
• Residential Tenancies Tribunal: Help with landlord-tenant disputes, deposit and maintenance issues.
• Public Legal Education and Information Service of New Brunswick: Plain language legal guides for tenants.
• For more details, see Tenant Rights and Landlord Rights in New Brunswick.

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1. Residential Tenancies Act (New Brunswick)
2. New Brunswick Human Rights Act
3. New Brunswick Human Rights Commission: Filing a Complaint
4. Residential Tenancies Tribunal – Government of New Brunswick

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