Navigating Discrimination and Accessibility as a Tenant in New Brunswick

All tenants in New Brunswick deserve fair and equal access to housing. If you are experiencing discrimination or accessibility barriers in your rental home, it’s important to know your rights and the steps you can take to protect yourself under New Brunswick law. This guide explains how the law protects tenants from discrimination, your rights regarding reasonable accommodations, and where to get support if you encounter issues.

Understanding Discrimination in New Brunswick Rentals

Discrimination in rental housing is against the law. In New Brunswick, landlords are not permitted to treat tenants unfairly based on certain protected characteristics, known as "grounds." Protected grounds under the New Brunswick Human Rights Act include:

• Race, colour, or ethnic background
• Religion or creed
• Age, sex, sexual orientation, gender identity or expression
• Marital status or family status (including having children)
• Physical or mental disability (including need for accommodation)
• Source of income

Discrimination can happen when a landlord:

• Refuses to rent to you based on a protected ground
• Evicts you or treats you differently (for example, by offering different lease terms)
• Fails to accommodate a disability-related need without a valid reason

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

Your Accessibility Rights as a Tenant

Tenants with disabilities are entitled to equal access to housing. This means landlords must make reasonable accommodations for tenants with disabilities unless it would cause undue hardship. Examples of accommodation might include:

• Allowing a service animal in a pet-restricted building
• Permitting renovations such as a ramp or grab bars (at the tenant's request and expense, if reasonable)
• Communicating in alternative formats

If you need an accommodation, you should:

• Make your request in writing to your landlord, and be specific about your needs.
• Be prepared to provide medical or supporting documentation if needed.

What To Do If You Experience Discrimination

If you believe a landlord has denied your application, treated you differently, or failed to accommodate you due to a protected ground, you can:

• Document every incident with dates, names, and what happened
• Speak with the landlord (preferably in writing) to try and resolve the issue
• If unresolved, consider filing a complaint

Filing a Human Rights Complaint

Complaints of discrimination or denial of accommodation in housing can be filed with the New Brunswick Human Rights Commission. This applies to situations such as eviction refusal, or landlords refusing to allow reasonable changes for accessibility.

• Form: Human Rights Complaint Form
• When to use: If an attempted resolution fails, or if you need an official investigation into discrimination or failure to accommodate.
• Where to find it: Visit the Official Complaint Form (PDF)

Once filed, the Commission will review your case and may facilitate mediation, conduct an investigation, or recommend further action.

Legislation and Housing Tribunal in New Brunswick

Tenant rights and discrimination issues are primarily covered under two legal frameworks:

• Residential Tenancies Act: Sets out landlord and tenant responsibilities. The Residential Tenancies Act governs rental housing.
• Human Rights Act: Prohibits discrimination in housing. Details in the New Brunswick Human Rights Act.

Rental disputes are handled by the Residential Tenancies Tribunal. For problems like denied repairs or accessibility issues, the tribunal may be able to help.

For more information about maintaining your rental, see Health and Safety Issues Every Tenant Should Know When Renting.

How to Take Action and What to Expect

If you want to address discrimination or are denied accessibility modifications:

• First, try direct communication with your landlord (keep records).
• If unresolved, file a complaint using the official Human Rights Complaint Form.
• For tenancy-related issues (like withheld repairs), you can also apply to the Residential Tenancies Tribunal.

To explore your rental options, browse apartments for rent in Canada.

FAQ: Tenant Rights and Discrimination in New Brunswick

1. What is considered discrimination in rental housing? Discrimination includes being treated differently or refused accommodation based on age, race, religion, disability, or other protected grounds.
2. Can a landlord refuse to rent to someone with a service animal? No, landlords must accommodate tenants with service animals unless they can show undue hardship.
3. How do I request an accessibility accommodation from my landlord? Explain your needs in writing, provide any supporting documentation, and discuss possible solutions directly with your landlord.
4. What can I do if my landlord refuses a reasonable accommodation? File a complaint with the New Brunswick Human Rights Commission if the issue cannot be resolved informally.
5. Where can I find more information about tenant rights? Visit Tenant Rights and Landlord Rights in New Brunswick for a comprehensive overview.

How-To: Taking Action on Discrimination or Accessibility Barriers

1. How do I file a human rights complaint against my landlord? Download and complete the Human Rights Complaint Form from the Commission, provide details and evidence, and submit it by mail, fax, or email as indicated on the form.
2. How do I request a disability-related modification to my rental? Write a letter to your landlord outlining the modification needed, provide any necessary documentation, and keep a copy for your records.
3. What steps should I take if repairs related to accessibility are not made? Document your requests, and if unresolved, contact the Residential Tenancies Tribunal to file a complaint under the Residential Tenancies Act.

Key Takeaways for Tenants

• Discrimination based on protected characteristics is illegal in New Brunswick.
• You have a right to request reasonable accommodation for disabilities.
• Keep records and act quickly if you face discrimination—official complaints are available.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission: Inquiries and complaint form
• Residential Tenancies Tribunal: Rental dispute applications and resources
• Government of New Brunswick – Renting and Leasing
• Tenant Rights and Landlord Rights in New Brunswick

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1. New Brunswick Human Rights Act, SNB 2011, c. 171. Read the official legislation
2. Residential Tenancies Act, SNB 1975, c. R-10.2. Full text of the RTA
3. New Brunswick Human Rights Commission. Commission website
4. Residential Tenancies Tribunal. Tribunal Contact Page

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