If you are a renter in New Brunswick facing discrimination or tenancy problems, you can sometimes pursue a human rights complaint alongside a case at the Residential Tenancies Tribunal. This guide explains how the two processes are different, how they can complement each other, what forms and evidence tenants commonly use, and practical next steps you can take to protect your housing rights in New Brunswick. Read this to understand where to file, what to expect at hearings, and how to keep clear records so a discrimination concern does not get lost among repair, eviction or rent dispute issues.
How the two systems work in New Brunswick
The Residential Tenancies Tribunal handles most disputes about rent, repairs, evictions and deposits in New Brunswick, while the provincial Human Rights Commission investigates discrimination that relates to protected grounds such as disability, family status, race or sex. These are separate processes and can proceed at the same time. If your case involves both habitability or eviction issues and discrimination, you may file an application with the tribunal and a human rights complaint with the provincial commission; each body can take actions relevant to its mandate and may coordinate in practice [1][2].
When to use each process
- If you need a repair order, rent abatement or to challenge an eviction, file with the Residential Tenancies Tribunal [1].
- If a landlord treats you differently because of a protected characteristic (for example, denying a unit to a person with a disability), file a human rights complaint with the provincial commission [2].
- If both problems exist (e.g., eviction linked to disability-related requests), prepare to pursue both avenues and gather overlapping evidence.
Key forms and official resources
Common official filings include the tribunal "Application to the Residential Tenancies Tribunal" for tenancy remedies and the Human Rights Commission's complaint form for discrimination allegations. Each form explains when to file and what supporting documents are helpful; use the tribunal and commission pages to download the current forms and submission instructions [1][2].
- Application to the Residential Tenancies Tribunal — used when seeking orders about repairs, rent, deposits or eviction. Example: if your landlord issues a notice to vacate after you asked for a medical accommodation, you might file this application to stop an eviction and request a hearing.
- Human Rights Complaint Form — used when alleging discrimination. Example: if a landlord refuses to accept a reasonable accommodation for a disability, file the complaint to request investigation and resolution.
How to prepare evidence
Good evidence strengthens both tribunal and human rights files. Keep dated records, photos, medical or professional letters, written requests for repairs or accommodation, and copies of notices. Where possible, ask for responses in writing or confirm conversations by email so there is a clear timeline you can present at hearings or in a complaint.
FAQ
- Can I file both a human rights complaint and a Residential Tenancies Tribunal application?
- Yes. They are separate processes that can proceed at the same time; the tribunal addresses tenancy remedies while the human rights body addresses discrimination.
- Will the tribunal rule on discrimination claims?
- The tribunal focuses on tenancy orders like repairs, rent or eviction. Discrimination claims are investigated by the Human Rights Commission, which can pursue remedies specific to human rights violations.
- What evidence matters most?
- Clear timelines, written requests, photos, witness statements and medical or professional documentation are very helpful for both tribunal cases and human rights complaints.
How-To
- Assess the situation: identify whether the issue is tenancy-related, discriminatory, or both.
- Gather evidence: collect photos, written communications, dates and any medical or professional notes supporting accommodation needs.
- File with the Residential Tenancies Tribunal if you need orders about repairs, eviction or rent.
- File a human rights complaint with the provincial commission if discrimination is involved.
- Attend hearings and meetings: follow instructions, meet deadlines, and bring organized copies of your documents.
- Follow up on outcomes: keep copies of orders or settlement documents and get legal advice if needed to enforce decisions.
Key Takeaways
- Human rights complaints and tribunal applications serve different purposes and can be filed together.
- Strong, dated documentation makes both processes more effective.
- Use official forms and follow the tribunal and commission instructions closely.
Help and Support / Resources
- Residential Tenancies Tribunal (New Brunswick)
- New Brunswick Human Rights Commission
- Tenant Rights and Landlord Rights in New Brunswick
