Illegal Rental Screening in New Brunswick: Tenant Guide

Rental screening is a normal part of finding a home—but in New Brunswick, landlords can't ask just anything. If you’re a tenant worried about discrimination or privacy during the application process, knowing what’s illegal rental screening helps you protect your rights. This guide, tailored for New Brunswick, explains what's allowed, what crosses the line, and how you can take action if something feels off.

What Is Rental Screening—and Why Does It Matter?

Rental screening involves the questions and checks landlords use to choose tenants. In New Brunswick, these checks must follow the law and respect your human rights. While landlords need some information, they can’t ask questions that discriminate or violate your privacy.

Examples of Legal and Illegal Screening Practices

Understanding what’s appropriate is crucial for every applicant. Landlords may generally request:

• References from past landlords
• Proof of income or employment
• Consent for a credit check
• Basic ID and contact information

However, it is illegal for a landlord to ask questions or make decisions based on:

• Race, nationality, or ethnic origin
• Religion or religious practices
• Sex, sexual orientation, gender identity or expression
• Age (unless minimum age rules apply to seniors-only housing)
• Family status or marital status
• Physical or mental disability
• Receipt of social assistance or source of income

New Brunswick’s Human Rights Act protects tenants from discrimination in these areas¹. Rental screening that violates these principles is illegal.

Recognizing Discriminatory Questions or Criteria

Some screening practices are subtle. Be alert if you encounter any of these:

• Questions about your plans to have children
• Requirements that single out people based on country of origin or language
• Refusal to rent to people on income assistance or disability benefits
• Designated “adults only” buildings (unless legally permitted)

If you’re asked to pay a large deposit, learn more from the page on Understanding Rental Deposits: What Tenants Need to Know.

What To Do If You Experience or Suspect Illegal Rental Screening

If you believe a landlord asked illegal questions, refused to rent to you for a discriminatory reason, or demanded excessively personal information, you have the right to take action.

Step 1: Document Everything

• Keep copies or photos of emails and messages
• Write down exactly what was said, by whom, and when
• Note any witnesses

Step 2: Review Your Rights

Read through the Tenant Rights and Landlord Rights in New Brunswick page for more on your protections under provincial law.

Step 3: File a Human Rights Complaint

The New Brunswick Human Rights Commission handles complaints about discrimination in housing. To file a complaint:

• Complete the Human Rights Complaint Form (you can download it here).
• Provide as much detail and supporting documentation as possible.
• Submit by mail, email, or fax using the instructions on the form.

Tenancy Board Oversight & Law

While rental screening complaints go to the Human Rights Commission, most residential tenancy issues—such as unfair deposits, evictions, or repairs—are managed by the New Brunswick Residential Tenancies Tribunal.² They oversee the Residential Tenancies Act, which governs rental agreements, deposits, and basic protections³.

If you have issues after moving in, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained for what you and your landlord should expect.

For those actively seeking a new place to live, you can Find rental homes across Canada on Houseme for more listings and resources.

Frequently Asked Questions

1. What questions can a landlord legally ask during screening in New Brunswick?
   They can request proof of income, references, and consent for a credit check, but cannot ask about your race, family status, religion, or disability.
2. What should I do if I think a landlord discriminated against me?
   Document all communication, then file a complaint with the New Brunswick Human Rights Commission.
3. Is it legal for a landlord to refuse me because I’m on social assistance?
   No. Refusal based on source of income is discrimination under New Brunswick's Human Rights Act.
4. Who do I contact about tenancy disputes (not human rights issues) in New Brunswick?
   The New Brunswick Residential Tenancies Tribunal handles issues about deposits, repairs, and evictions.

Key Takeaways for New Brunswick Tenants

• Landlords in New Brunswick must follow anti-discrimination laws during the screening process.
• If you suspect illegal screening, document everything and consider filing a formal complaint.
• Know your rights by reviewing both the Human Rights Act and the Residential Tenancies Act.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission: Info, complaint forms, and tenant guidance
• NB Residential Tenancies Tribunal: For rental disputes, repairs, and rent increases
• Tenant Rights and Landlord Rights in New Brunswick: Quick facts about rights and responsibilities

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1. Human Rights Act (New Brunswick)
2. New Brunswick Residential Tenancies Tribunal
3. Residential Tenancies Act (New Brunswick)

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