Proving Discrimination in New Brunswick Rental Cases: A Tenant’s Guide

Discrimination in rental housing is a serious issue for many tenants in New Brunswick, and understanding how to prove it can be essential for protecting your rights. Whether you've faced unfair treatment due to your race, disability, family status, or another protected ground, it's important to know the steps you can take and the resources available to you as a tenant in New Brunswick.

What Counts as Discrimination in New Brunswick Rentals?

Discrimination happens when a landlord refuses to rent to you, treats you differently, or evicts you based on personal characteristics protected by law. In New Brunswick, the New Brunswick Human Rights Act protects tenants from discrimination based on:

• Race, colour, ancestry, or place of origin
• Religion or belief
• Sex, sexual orientation, gender identity or expression
• Marital status, family status
• Age
• Physical or mental disability
• Social condition (e.g., receiving social assistance)

Landlords can be held responsible if they refuse housing, set different terms, raise rent without justification, or fail to accommodate tenants with disabilities where it is possible to do so.

Gathering Evidence of Discrimination

It’s not enough to simply say you were discriminated against; you must be able to show proof. Useful types of evidence include:

• Written correspondence (texts, emails, letters) from the landlord
• Witness accounts from people who saw or heard the discrimination
• Advertisements with exclusionary language (e.g., “no children,” “working professionals only”)
• Notes about conversations and times you were treated differently
• Official documents or decisions from the landlord

Where to File a Discrimination Complaint

Discrimination cases involving rental housing in New Brunswick are handled by the New Brunswick Human Rights Commission. The Residential Tenancies Tribunal handles landlord-tenant disputes around deposits, repairs, notices, and evictions, but claims of discrimination are filed with the Human Rights Commission.^[1]

The main tenancy legislation is the Residential Tenancies Act (New Brunswick).^[2] For an overview of your rights and obligations in the province, see Tenant Rights and Landlord Rights in New Brunswick.

Applying to the New Brunswick Human Rights Commission

If you believe you have been discriminated against, follow these steps:

• File a complaint as soon as possible (within one year of the incident)
• Gather all your supporting documents and evidence
• Complete the official "Complaint of Discrimination Intake Questionnaire"

Official Form: Complaint of Discrimination Intake Questionnaire

• Name: Complaint of Discrimination Intake Questionnaire
• How it’s used: This is the official form to start a discrimination case. Tenants provide details of what happened, attach evidence, and submit to the Commission.
• Download the form from the official source

How to file: Send the completed form by email, mail, fax, or deliver it in person. All contact details are provided on the last page of the form.

• You may be contacted for more information or an interview with an investigator.
• If your claim is accepted, the Commission generally seeks to resolve disputes through mediation or investigation.

For specific advice on your rights and obligations as a tenant, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Happens After You File?

The Human Rights Commission will review your complaint, request further details as needed, and determine if the evidence is sufficient to proceed. If discrimination is found, remedies can include ordering the landlord to stop discriminatory practices, make changes to policies, provide reasonable accommodation for your disability, or even pay damages for losses.

If you need help with the process, tenant advocacy groups and legal aid services may be able to support or represent you.

Practical Action Steps for Tenants

Proving discrimination can be complex, but your chances improve if you keep records and act promptly. Common steps include:

• Start collecting evidence the moment you suspect discrimination
• Speak with witnesses if others saw or heard what happened
• Submit your complaint form as soon as possible, providing detail and documentation
• Stay in contact with the Commission, attending interviews or mediation sessions if requested

For those considering moving or looking for accessible housing options, you can Browse apartments for rent in Canada with accessibility filters and features on Houseme.

FAQ: Proving Discrimination in New Brunswick Rentals

1. What types of rental discrimination are illegal in New Brunswick?
   Discrimination based on race, religion, gender, disability, family status, or receiving social assistance is prohibited by law for all housing providers.
2. Can I be evicted for filing a discrimination complaint?
   No. It is illegal for a landlord to retaliate against you for exercising your rights or complaining about discrimination.
3. What if my landlord refuses to accommodate my disability?
   Landlords must provide reasonable accommodation for tenants with disabilities, unless it would cause undue hardship. If in doubt, consult the Human Rights Commission.
4. How long does the investigation process take?
   This varies. The Commission will contact you with updates. Many cases are resolved through early mediation, but investigations can take several months.
5. Where can I learn more about my general rights as a tenant?
   The Tenant Rights and Landlord Rights in New Brunswick page has detailed information on rent, deposits, repairs, and more.

Key Takeaways

• Prove discrimination by documenting evidence and following official complaint procedures
• File with the New Brunswick Human Rights Commission – not the Residential Tenancies Tribunal
• Act quickly, keep records, and seek support if needed

Understanding your rights and the proper process can make dealing with discrimination less stressful and improve the chances of a fair outcome.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission – Guidance, complaints, and mediation
• New Brunswick Residential Tenancies Tribunal – General rental disputes (not discrimination)
• Tenant advocacy service: Saint John Tenants’ Association
• Legal Aid New Brunswick: Find tenant support and legal help here
• Accessible housing: Browse apartments for rent in Canada

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1. New Brunswick Human Rights Commission. See: https://www2.gnb.ca/content/gnb/en/departments/nbhrc.html
2. Residential Tenancies Act (New Brunswick). See: https://laws.gnb.ca/en/showdoc/cs/R-10.2

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