Illegal Rental Application Questions in New Brunswick

Searching for a rental home in New Brunswick comes with many considerations, but protecting your personal rights is one of the most important. The province has strict rules about what landlords can and cannot ask during the rental application process. Knowing which questions are illegal is essential for all tenants who want to prevent discrimination and ensure fair treatment.

What Rental Application Questions Are Illegal in New Brunswick?

According to the New Brunswick Human Rights Act, landlords cannot ask questions designed to discriminate against you based on certain protected categories. These rules complement the housing protections set out by the Residential Tenancies Tribunal of New Brunswick, ensuring all tenants have equal opportunity when applying for housing.

Protected Grounds Under the Law

It is illegal for landlords to base rental decisions or ask questions about:

• Race, colour, national or ethnic origin
• Religion or creed
• Age (except for senior housing restrictions)
• Sex, gender identity, or sexual orientation
• Marital or family status, including pregnancy or plans for children
• Physical or mental disability
• Receipt of social assistance or income support

For example, a landlord cannot ask if you are planning to have children soon, your place of birth, or what religion you belong to. These questions are prohibited because they could lead to discriminatory exclusions.

Examples of Illegal Rental Application Questions

• "What country are you from?"
• "Do you plan to have (more) children?"
• "Do you receive social assistance?"
• "What is your religion?"
• "Are you married or single?"
• "Do you have any disabilities?"
• "What is your sexual orientation?"

If you are asked any of these, you have the right to refuse answering and may file a complaint.

Your Rights Under New Brunswick Law

New Brunswick's Human Rights Act offers broad protection against discrimination in housing. The Residential Tenancies Tribunal oversees landlord-tenant relations, including how rental applications are handled.^[1]

For more on your rights in the province, visit Tenant Rights and Landlord Rights in New Brunswick.

When Are Some Questions Allowed?

Landlords are permitted to ask questions necessary for assessing your ability to pay rent and maintain the property:

• Similar rental history (e.g., past landlord references)
• Credit references or checks (with your consent)
• Employment or income verification (without probing into source, such as social assistance)

These questions should never single out tenants based on the prohibited grounds above.

How to Respond if You Face an Illegal Question

If a landlord asks a question you believe is illegal, you can:

• Politely decline to answer and state that the question is not permitted under the Human Rights Act
• Keep written records and take note of the time, place, and what was asked
• File a formal complaint with the New Brunswick Human Rights Commission

How to File a Discrimination Complaint

If you decide to take action, here's how to make a complaint about illegal rental application questions in New Brunswick:

• Download Form 18: Complaint Form – This is the official complaint form for discrimination with the New Brunswick Human Rights Commission. Access the official Form 18 here.
• Complete the form in detail – Provide your contact information, information about the landlord, and details/examples of the illegal questions.
• Attach any supporting evidence – Emails, notes, or witnesses strengthen your case.
• Submit to the Human Rights Commission – Instructions are included on the form for mail, fax, or online submission.

After your complaint is submitted, the Commission will investigate and may try to resolve the matter between you and the landlord.

Other Rental Application Fairness Concerns

Alongside illegal questions, some landlords may request extra deposits, which are also regulated. Learn more from Understanding Rental Deposits: What Tenants Need to Know to avoid unfair charges.

For those transitioning to a new home, check Essential Tips for Tenants When Moving Into a New Rental Home for helpful preparation advice.

If you’re searching for homes, Explore Houseme for nationwide rental listings and simplify your search!

FAQ: Rental Applications and Tenant Protection

1. Can a landlord ask about my age or if I have children?
   Generally, no. Unless the building is designated for seniors, inquiries about age or family status are not allowed under New Brunswick law.
2. Is it legal to request a credit check?
   Yes, but only if you provide consent. A landlord can ask for references or proof of ability to pay rent, provided these do not single you out based on protected grounds.
3. What if I feel pressured to answer a personal question?
   You do not have to answer any question that could lead to discrimination. You can refuse politely and explain your rights, or seek help immediately.
4. How quickly will the Human Rights Commission respond to my complaint?
   Timelines vary based on the details of each case, but the Commission aims to respond as promptly as possible and may initiate mediation or investigation.

Conclusion: Key Takeaways for New Brunswick Tenants

• Know your rights: landlords cannot ask about race, religion, family status, disability, or other protected characteristics during rental applications.
• Document all interactions if you encounter illegal questions, and consider filing a formal complaint if you need resolution.
• Use official provincial forms and channels to protect your rights and access fair housing.

Staying informed and assertive about your rights will help ensure a successful and discrimination-free rental experience in New Brunswick.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Official website
• New Brunswick Human Rights Commission – For discrimination complaints and counseling: Contact here
• Form 18: Human Rights Complaint Form – Download form and submission guides
• Legal Aid New Brunswick – Tenant legal support and advice

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1. New Brunswick Human Rights Act
2. Residential Tenancies Act
3. Residential Tenancies Tribunal of New Brunswick
4. New Brunswick Human Rights Commission – Official Complaints Page

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