New Brunswick Tenant Rights: Discrimination & Accessibility Guide

If you rent a home or apartment in New Brunswick, it’s important to understand your rights regarding discrimination and accessibility. Every tenant deserves to feel safe and respected—and provincial law protects you from being denied housing or treated unfairly because of factors like disability, race, family status, or other prohibited grounds.

What is Discrimination in Tenancy?

Discrimination occurs when a landlord refuses to rent, treats you differently, or makes your living situation more difficult because of a characteristic protected by the law. In New Brunswick, the Human Rights Act prohibits discrimination based on:

• Race, colour, national or ethnic origin
• Religion
• Sex, gender identity/expression, sexual orientation
• Age, marital status, family status
• Physical or mental disability
• Social condition

For example, it is illegal for a landlord to deny you an apartment just because you have children, use a wheelchair, or receive social assistance.

Your Rights to Accessibility

If you have a disability, you are entitled to equal treatment in rental housing. Landlords must accommodate your needs to the point of undue hardship. This means reasonable changes need to be made so you can enjoy your home—such as allowing service animals or modifying entryways.

The Law: Residential Tenancies and Human Rights

New Brunswick’s Residential Tenancies Act is the official legislation governing rental arrangements. For discrimination and accessibility, the New Brunswick Human Rights Commission is responsible for investigating complaints and enforcing the Human Rights Act.^1,2

Common Examples of Discrimination

• A landlord tells you "no children allowed" when you inquire about a rental.
• Application forms that ask about your religion or ethnicity.
• A refusal to allow your medically required service animal.
• Denying accessibility modifications, such as grab bars or ramp installation, without proper justification.

If you believe any of these apply to your situation, you may be experiencing discrimination.

What To Do If You Face Discrimination or Need Accommodation

Here are steps to follow if you think you’ve been discriminated against or require accessibility changes:

• Keep records: Save emails, text messages, or written notes about discriminatory comments or refusals to accommodate.
• Communicate: Politely inform your landlord of your needs and rights. You can mention the requirement to accommodate under the Human Rights Act.
• Write a formal request: Describe any accommodation you are requesting and why you need it.
• Contact support: If informal steps don’t work, reach out to the New Brunswick Human Rights Commission for advice or to file a complaint.²

Reasonable accommodation does not mean a landlord must bear an undue hardship, such as very high cost or major structural changes. However, small changes and efforts are typically expected.

Relevant Forms for Tenants

• Human Rights Complaint Form (New Brunswick Human Rights Commission):
  Human Rights Complaint Form
  When/How to Use: Submit this form if you want to file a formal complaint about housing discrimination or failure to accommodate a disability. Fill out the form with details about your experience and submit it to the Human Rights Commission. For example, if you are refused a rental because of your gender identity, complete this form with all details and supporting evidence.

Obligations of Landlords and Tenants

Landlords and tenants in New Brunswick both have legal obligations—under both the Residential Tenancies Act and the Human Rights Act. Landlords must:

• Not discriminate during advertising, application, or tenancy
• Respond to accommodation requests in good faith
• Treat all tenants equally and respectfully

Tenants must:

• Use the accommodation reasonably
• Communicate openly and provide information on needs (such as documentation for service animals)
• Respect the rights of other tenants

For more about landlord and tenant responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Health and Accessibility in Your Rental

Discrimination can sometimes relate to health issues—such as failure to address mold or other hazards that affect those with health vulnerabilities. Learn more in Health and Safety Issues Every Tenant Should Know When Renting.

For a summary of tenant protections, eligibility, and more, visit Tenant Rights and Landlord Rights in New Brunswick.

Looking for an accessible apartment, pet-friendly rental, or barrier-free housing? Explore rental homes in your area with plenty of filters to help you find the perfect fit.

1. Can a landlord refuse to rent to me because I use social assistance?
   No. Refusing to rent to someone based on their social condition (including income source like social assistance) is prohibited under the Human Rights Act in New Brunswick.
2. Are landlords required to allow service animals, even if they have a "no pets" policy?
   Yes. Service animals are not considered pets. Landlords must allow them as a reasonable accommodation for tenants with disabilities.
3. What should I do if my landlord ignores my request for an accessibility modification?
   Document your request, then contact the New Brunswick Human Rights Commission to file a complaint. Use their official complaint form for this process.
4. Can a landlord ask me personal questions that relate to my race, religion, or disability?
   No. Landlords cannot ask questions or include requirements in rental ads or applications related to protected grounds under the Human Rights Act.
5. Where do I go for help or to make a housing discrimination complaint?
   Contact the New Brunswick Human Rights Commission. They offer free guidance and an official complaint process for tenants.

1. How can I request a reasonable accommodation in my rental?
   Write your landlord a clear request—preferably in writing—specifying the adaptation needed and why. Include any documentation that may help.
2. How do I file a discrimination complaint as a tenant in New Brunswick?
   Fill out the Human Rights Complaint Form (linked above), attach supporting evidence, and submit it to the Human Rights Commission either online, by mail, or in person.
3. How do I prove discrimination happened?
   Keep copies of all communications, take notes right after any discriminatory actions, and gather witness statements if possible.
4. If my landlord won’t install an accessibility feature due to cost, what are my options?
   Ask your landlord to put the reason in writing. If you disagree, file a complaint with the Human Rights Commission to let them assess whether it counts as undue hardship.

Key Takeaways

• Discrimination in rental housing is illegal—protected by both the Residential Tenancies Act and Human Rights Act.
• Every tenant has the right to accessibility and reasonable accommodation for disabilities.
• The New Brunswick Human Rights Commission is your primary resource for help and complaints about rental discrimination.

Knowing your rights—and how to take action—can help you secure a safe, fair, and accessible home.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission: Official website | 1-888-471-2233
• Residential Tenancies Tribunal (NB): Residential Tenancies Tribunal – For official forms, disputes, and more.
• Legal Aid New Brunswick: Tenant legal advice and assistance
• See a full overview at Tenant Rights and Landlord Rights in New Brunswick

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

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