Facing discrimination in housing can feel isolating. If you rent in New Brunswick, you have legal options whether the issue is denial of a unit, different terms, refusal to accommodate a disability, or harassment. This guide explains practical remedies and potential compensation available through the New Brunswick Human Rights Commission and the Residential Tenancies Tribunal. It shows how to gather evidence, which official forms to use, key deadlines, and what to expect at a hearing. Use the plain-language steps here to protect your renter rights, keep strong documentation, and get the right supports so you can pursue remedies without missing important timelines.
What counts as housing discrimination in New Brunswick?
Discrimination in rentals means treating a tenant or applicant differently because of a protected ground such as disability, family status, race, religion, gender identity, or receipt of public assistance. Examples include rejecting an application, charging different terms, refusing a reasonable accommodation for a disability, or harassment that makes the unit unlivable.
- Charging different rent or security deposit amounts because of a protected characteristic.
- Refusing to allow a reasonable accessibility modification for a tenant with a disability.
- Threatening eviction in response to a complaint about discrimination or habitability.
- Denying a rental application without legitimate, documented reasons that are applied consistently.
How remedies work: Human Rights vs. Residential Tenancies Tribunal
If you believe you experienced discrimination, there are two complementary routes. The New Brunswick Human Rights process addresses discrimination and possible compensation for losses or injury to dignity and is handled by the provincial human rights body.[1] The Residential Tenancies Tribunal resolves tenancy-specific disputes such as evictions, rent adjustments, or repairs; it can order remedies tied to your tenancy agreement.[2]
Official forms and when to use them
- Human Rights Complaint Form — Use this when you believe a decision or action was based on a protected ground (for example, a refusal to rent because of a disability). The form starts the discrimination investigation and can lead to mediation or a hearing.
- Application to the Residential Tenancies Tribunal — Use this for tenancy matters like unlawful eviction, rent disputes, or failure to accommodate that affect occupancy. The Tribunal can make orders about the tenancy or require actions by the landlord.
- Residential Tenancies Act (New Brunswick) — Consult the Act for legal standards, timelines, and the Tribunal's authority; use it to prepare arguments and identify rights and remedies.
What remedies and compensation can you expect?
Remedies vary by route. The Human Rights process can award damages for injury to dignity, loss of housing opportunity, or other harms. The Residential Tenancies Tribunal can order things like reinstatement, compensation for lost possession, rent adjustments, or orders to repair and accommodate. Remedies often depend on evidence, timing, and whether the conduct violated a protected ground or tenancy rules.
Practical steps to gather evidence
- Keep dated records of conversations, emails, text messages, and applications that show differential treatment or refusal to accommodate.
- Save photos, videos, receipts for expenses you incurred because of the discrimination (for example, costs to find alternative housing).
- Collect any written policies, notices, or ads that suggest discriminatory screening criteria or rules used by the landlord.
- Get witness statements from neighbours, advocates, or service providers who observed the conduct or communications.
FAQ
- Can I file both a human rights complaint and a tenancy application?
- Yes. Human rights complaints target discrimination while the Tribunal handles tenancy-specific remedies; you can pursue both but follow each process and its timelines.
- How long do I have to file a complaint?
- Deadlines vary: human rights complaints often have limitation periods and the Tribunal has its own filing timeframes, so start promptly and check the official guidance when you believe discrimination occurred.
- Do I need a lawyer?
- You can represent yourself, but legal advice or free tenant advocacy can help with evidence, forms, and hearings.
How-To
- File the Human Rights Complaint Form with the New Brunswick human rights body if the issue is discriminatory under protected grounds.
- Submit an application to the Residential Tenancies Tribunal for tenancy-specific orders like eviction relief or compensation.
- Gather and organize evidence: dates, communications, receipts, photos, and witness statements.
- Seek support from legal clinics, tenant advice services, or advocacy groups for help preparing your case.
- Attend mediation or the hearing, present your documentation clearly, and follow any orders issued by the tribunal or commission.
Help and Support / Resources
- New Brunswick Human Rights Commission [1]
- Residential Tenancies Tribunal (Service New Brunswick) [2]
- Residential Tenancies Act (New Brunswick) [3]
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