Landlord Obligations Toward Tenants With Mental Health Needs in New Brunswick

Living with a mental health condition should not mean facing housing discrimination or lack of support. In New Brunswick, tenants with mental health needs are protected by law, with specific landlord obligations to ensure fair treatment and safe, suitable housing. This guide explains how your rights are protected and what steps you and your landlord should take to address mental health-related tenancy concerns in New Brunswick.

Your Rights and Protection: Mental Health & Housing in New Brunswick

As a tenant in New Brunswick, you are entitled to equal treatment in housing regardless of your mental health status. The New Brunswick Human Rights Act protects people from discrimination based on disability, which includes mental health concerns. Landlords must accommodate tenants with disabilities up to the point of undue hardship, which means they need to make reasonable changes to policies or property so you can enjoy your home just like any other tenant.

Key Landlord Obligations for Tenants With Mental Health Needs

• Reasonable Accommodation: Landlords should modify rules, allow service/support animals, or adjust procedures where needed because of a tenant's mental health condition, unless doing so would cause serious difficulty (undue hardship).
• Privacy: Your mental health information is private. Landlords cannot ask for details beyond what is needed to arrange accommodation but may request a note confirming a disability and related needs.
• Non-Discrimination: A landlord cannot deny housing, evict, or treat a tenant unfairly because they have a mental health condition.
• Safe and Healthy Living Environment: Landlords must maintain the property to ensure it meets basic health and safety standards. If your needs mean you need different safety equipment or modifications, these should be discussed and accommodated if reasonable.

For a full overview of responsibilities and rights in New Brunswick, see the Tenant Rights and Landlord Rights in New Brunswick page.

Requesting Accommodation: How to Get Support for Your Mental Health Needs

If you need changes because of your mental health, you should communicate clearly and in writing with your landlord. Reasonable accommodations could include things like:

• Permission for a support or service animal despite "no pets" policies
• Flexible rent payment dates in line with disability payments (if possible)
• Physical changes to the unit to assist with safety or access (like better lighting, locks, or other aids)

When a Landlord Refuses Your Request

If your landlord refuses to accommodate or retaliates after a request, you may file a complaint with the New Brunswick Human Rights Commission. You may also apply to the Residential Tenancies Tribunal, which oversees enforcement of rental laws.

Relevant Forms and Where to Find Them

• Application for Investigation (Form: Complaint under the Human Rights Act)
  Use this form to file a discrimination complaint before the New Brunswick Human Rights Commission. For example, if a landlord evicts you after asking for a support animal, you would fill out this form and submit it directly to the Commission.
• Residential Tenancies Tribunal Application (Filing an Application with the Residential Tenancies Tribunal)
  If your landlord fails to address repair or accommodation requests, you may file an application for dispute resolution online or by contacting the Tribunal directly.

Always review your obligations too. Understanding both Obligations of Landlords and Tenants: Rights and Responsibilities Explained can help avoid confusion or conflict as you address your mental health needs.

Health, Safety, and Mental Well-being in Your Rental

Maintaining a safe, clean, and livable home is important for mental health. Landlords in New Brunswick are responsible for addressing health and safety issues, including pest control, building repairs, and basic utilities. If living conditions worsen your mental health—or if needed repairs are ignored—document the issue and contact the Residential Tenancies Tribunal for support.

To learn more about these standards, see Health and Safety Issues Every Tenant Should Know When Renting.

Looking for a new home that better suits your well-being? Explore Houseme for nationwide rental listings and find rentals across Canada that may better accommodate your needs.

FAQ: Tenants’ Rights and Mental Health in New Brunswick

1. Can my landlord refuse a support animal if they have a no-pets policy?
   In most cases, no. Landlords must accommodate tenants who need a support or service animal due to a mental health disability, unless it causes undue hardship.
2. What if my mental health condition affects my ability to pay rent on time?
   You should explain your circumstances to your landlord as soon as possible and request a reasonable accommodation if needed. The landlord is not required to accept indefinite delays but should consider reasonable, documented requests.
3. Is my landlord allowed to ask about specific details of my mental health diagnosis?
   No. They may only request verification that you have a disability and information related to the accommodation request—never personal medical details.
4. What do I do if my landlord is not maintaining my unit and it’s affecting my mental health?
   Document all conversations and issues. Then, file a complaint or application with the Residential Tenancies Tribunal if health or safety repairs are ignored.
5. Are there protections if my landlord tries to evict me over mental health-related behaviour?
   Evictions must follow New Brunswick law. Discrimination based on mental health is illegal. Seek advice from the Human Rights Commission if you believe your eviction is based on your disability.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – New Brunswick: For tenancy complaints, repairs, and maintenance issues
• New Brunswick Human Rights Commission: To file a human rights/discrimination complaint
• Government of New Brunswick – Housing Services Directory: Listings for public housing, emergency contacts, and tenant support services
• Canadian Mental Health Association (NB Division): Guidance and peer support for mental health and wellness

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1. [1] New Brunswick Human Rights Act – Disabilities and Accommodation
2. [2] Residential Tenancies Act (New Brunswick) – Full Legislation
3. [3] Residential Tenancies Tribunal – Official Portal
4. [4] Human Rights Complaint Form (H-RC-2026E)

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