NB Human Rights Act Protections for Mental Health Issues

Living with a mental health condition can raise housing concerns for tenants in New Brunswick. This guide explains how the NB Human Rights Act protects renters when mental health affects tenancy, including what counts as a disability, how to ask for reasonable accommodation, and what to do if a landlord treats you unfairly. It covers practical steps—what to document, how to use official complaint forms, and when to involve the Residential Tenancies Tribunal. The language is plain so you can act quickly: whether you need a service animal, a quiet unit, flexible visit schedules, or privacy adjustments, you will learn how to communicate your needs and where to find help and forms.

What the NB Human Rights Act covers

The New Brunswick Human Rights Act prohibits discrimination based on disability, which includes many mental health conditions. Protected situations include refusal to rent, differential treatment, eviction because of a disability, and refusal to allow accommodations like service animals or changes to policies that would enable you to live independently. The New Brunswick Human Rights Commission handles complaints and provides guidance on reasonable accommodation and confidentiality.^[1]

How to request accommodation and protect your tenancy

Start with a clear, written request. Describe the accommodation you need, why it is related to your mental health, and any suggested ways the landlord can reasonably meet the need. Keep the tone factual and focus on how the change will allow you to meet lease obligations.

• Put the accommodation request in writing and deliver it to your landlord.
• Keep evidence: copies of letters, medical notes, rent receipts, and a log of conversations with dates and names.
• Allow reasonable time for a response and follow up within 14 days if you do not hear back.
• Offer suggestions for reasonable accommodations and be open to alternatives that meet both parties' needs.

When to file a human rights complaint or go to the Residential Tenancies Tribunal

If a landlord refuses a reasonable accommodation, treats you differently because of your mental health, or takes reprisals after you request an accommodation, you can file a complaint with the New Brunswick Human Rights Commission using the official complaint form.^[2] If the issue concerns breach of tenancy rules, eviction, or rent disputes, you may also apply to the Residential Tenancies Tribunal for remedies or clarification of your rights under tenancy law.^[3]

Example: you ask for permission for a support worker to visit weekly and the landlord refuses. First send a written request, keep copies, and if the landlord persists in refusal, file a human rights complaint and consider the Tribunal if eviction or lease penalties follow.

For practical tenant guidance on safety and building issues related to health, see Health and Safety Issues Every Tenant Should Know When Renting. For local rules and general tenant rights in this province, see Tenant Rights and Landlord Rights in New Brunswick.

If you are also searching for accessible listings while you prepare documentation, Find rental homes across Canada on Houseme.

FAQ

Can my mental health be considered a disability under the NB Human Rights Act?

Yes. Mental health conditions that substantially limit daily activities or major life functions are usually considered disabilities and are protected by the Act.

What counts as reasonable accommodation?

Reasonable accommodation is any change that allows you equal access to housing without imposing undue hardship on the landlord, such as allowing a support person, modifying policies, or permitting a service animal.

How long will a complaint take?

Timelines vary: you should receive an acknowledgement, an intake decision, and possible mediation or investigation; follow instructions on forms and respond to requests for information promptly.

How-To

1. Complete the Human Rights Complaint Form with clear facts, dates, and copies of supporting evidence.
2. Submit the form to the New Brunswick Human Rights Commission by mail, email, or online following the instructions on the Commission page.
3. Wait for acknowledgement and consider mediation; if the problem is not resolved, ask about investigation or next steps to protect your tenancy.
4. If needed, apply to the Residential Tenancies Tribunal with copies of your complaint, communications, and evidence for any hearing.

Key Takeaways

• Evidence: keep copies of all accommodation requests, medical notes, receipts, and communications.
• File: start with a written request to your landlord before submitting formal complaints or Tribunal applications.
• Contact: use the official Commission and Tribunal resources listed below for forms and procedural guidance.

Help and Support / Resources

• New Brunswick Human Rights Commission
• Human Rights Complaint Form (PDF)
• Residential Tenancies Tribunal information and applications

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1. [1] New Brunswick Human Rights Commission
2. [2] Human Rights Complaint Form (PDF)
3. [3] Residential Tenancies Tribunal information