Legal Support for Discrimination & Accessibility Disputes in New Brunswick

Tenants in New Brunswick have the right to live free from discrimination and to expect reasonable accessibility accommodations from their landlords. Unfortunately, issues with discrimination or barriers to accessibility in rental housing still arise. Whether you’re worried about how you’ve been treated, a lack of wheelchair access, or discrimination due to your ethnicity, disability, family status, or other protected grounds, knowing how to get legal support is crucial.

Understanding Tenant Rights and Protections in New Brunswick

New Brunswick law protects tenants from discrimination based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital or family status, disability, or social condition. The New Brunswick Human Rights Act and Residential Tenancies Act^[1] both apply. Under these laws, landlords must treat all tenants equally and make reasonable efforts to accommodate disabilities—unless doing so would cause undue hardship.

• Discrimination may include refusal to rent, eviction, or different terms of tenancy based on a protected characteristic.
• Accessibility issues can include refusing installation of ramps, failing to provide accessible parking, or not accommodating service animals.

For a broader overview of tenant and landlord rights in your region, see Tenant Rights and Landlord Rights in New Brunswick.

Common Scenarios: Discrimination and Accommodation Disputes

Disputes can happen in various ways, for example:

• A landlord refuses to allow a tenant to modify their unit for wheelchair access.
• A tenant is evicted after disclosing a mental health disability or service animal.
• A rental listing states that families with children or people on income assistance are not welcome.

It's important to document discrimination and seek help right away.

Where to Get Legal Support in New Brunswick

If you believe your rights have been violated around discrimination or accessibility, the following options are available:

• New Brunswick Human Rights Commission — Handles complaints of discrimination by landlords. See their official website for details.
• Residential Tenancies Tribunal — Deals with tenancy disputes, including some accommodation issues. Access the tribunal here.
• Community Legal Clinics — Some may help with human rights and tenancy advice.

In some instances, tenants may also encounter related issues like landlord obligations or health and safety concerns. For more context, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained or Health and Safety Issues Every Tenant Should Know When Renting.

Filing a Human Rights Complaint: Step-by-Step Guide

To address discrimination or lack of accommodation, you may file a complaint with the New Brunswick Human Rights Commission.

1. Download the NB Human Rights Complaint Form: Available here (PDF).
2. Complete the form: Include your contact info, details of the event, the basis of discrimination (e.g., disability, race), and facts as you see them.
3. Submit the form: Mail, fax, or deliver it to the Commission as directed on the form.

Example: If your landlord refuses to permit a support animal despite medical documentation, you may fill out the complaint form stating the events and including any evidence.

The Commission will investigate, may offer mediation, or, if required, refer the matter to a Board of Inquiry.

Filing a Tenancy Dispute with the Residential Tenancies Tribunal

Some disputes – especially if they relate to the terms of your lease or repairs affecting accessibility – can be handled via the Residential Tenancies Tribunal (RTT):

• Use Form 6: Application to Determine a Dispute – download here (PDF). This form is used to resolve disputes over landlord obligations, disputes about accessibility modifications, or if you’re being evicted because of a protected characteristic.
• How to use: Fill out tenant and landlord information, describe the dispute, and submit it as directed. The RTT will review and may schedule a hearing.

Helpful Actions When You Face Discrimination or Accessibility Barriers

• Keep detailed notes and copies of all correspondence and incidents.
• Ask the landlord in writing for reasonable accommodation first, if you have not already.
• If the landlord refuses or ignores your request, consider filing with the Human Rights Commission and/or Residential Tenancies Tribunal.
• Know that reprisal (punishing you for asserting your rights) is illegal.

If you need to relocate, Canada's best rental listings platform is available for tenants searching for barrier-free or pet-friendly homes.

FAQ: Discrimination and Accessibility in New Brunswick Rentals

1. What laws protect me from discrimination as a tenant in New Brunswick?
   Tenants are protected under the New Brunswick Human Rights Act and the Residential Tenancies Act, which prohibits discrimination by landlords based on protected grounds.
2. What can I do if my landlord refuses to accommodate my disability?
   Document your request and the landlord’s response, then file a complaint with the Human Rights Commission and/or Residential Tenancies Tribunal, using the official forms.
3. Can my landlord evict me for making a human rights complaint?
   No. Retaliation against a tenant for asserting their rights is illegal in New Brunswick.
4. Who can help me with legal advice for accessibility disputes?
   The New Brunswick Human Rights Commission, local legal clinics, and tenant advocacy groups can provide guidance and support.
5. Where can I learn more about my rights as a tenant?
   Visit Tenant Rights and Landlord Rights in New Brunswick for a comprehensive overview.

How To: Steps to File a Human Rights Complaint in New Brunswick

1. Gather evidence: Collect all documentation regarding the incident(s), including letters, emails, and witnesses’ information.
2. Download and fill out the Complaint Form: Access the form from the New Brunswick Human Rights Commission’s website.
3. Submit your complaint: Deliver, mail, or fax the form to the address provided on the document.
4. Follow up: Respond to any queries from the Commission for more details or evidence if requested.
5. Participate in mediation or a hearing if needed: The Commission may offer mediation or proceed to a formal inquiry if a resolution isn’t found.

Key Takeaways

• New Brunswick tenants are protected from discrimination and entitled to accessibility accommodations.
• Official complaints about discrimination can be filed with the NB Human Rights Commission and tenancy disputes with the Residential Tenancies Tribunal.
• Always document your interactions and seek legal support early if your rights have been violated.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission — Information, complaint forms, and support with discrimination cases.
• Residential Tenancies Tribunal of New Brunswick — Dispute resolution, forms, and advice for tenancy problems.
• Find local community legal clinics or tenant support groups for additional guidance.

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1. [1] See the Residential Tenancies Act of New Brunswick.

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