Living with a chronic illness can affect how you use your rental home, communicate with a landlord, attend appointments, or meet ordinary tenancy requirements. In New Brunswick, a renter may be entitled to reasonable accommodation when a disability-related need affects housing, provided the request is connected to that need and does not create undue hardship. This guide explains how to make a clear accommodation request, what information may be relevant, how to protect your privacy, and what steps to take if a landlord refuses or ignores the request. It also covers practical documentation, the Residential Tenancies Tribunal, and human rights options for tenants seeking a safe and accessible home.
What reasonable accommodation means
Reasonable accommodation is a change to a rule, practice, service, or physical arrangement that helps a person with a disability access and use housing. A chronic physical or mental health condition may qualify as a disability under human rights law when it creates functional limitations. The focus is usually on your needs and the accommodation required, rather than on requiring a landlord to accept a particular diagnosis.
Accommodation can be temporary, ongoing, or reviewed as circumstances change. Examples may include permission for a service animal despite a no-pet rule, a modified communication method, flexibility for disability-related appointments, an accessible parking arrangement, or permission for a support person to assist with tenancy matters. Any change should be reasonable, connected to the disability-related need, and workable for everyone involved.
New Brunswick legal protections
The Human Rights Act protects people from discrimination in services and accommodation, including housing, on protected grounds such as physical or mental disability.[1] A landlord must consider a genuine accommodation request in good faith. The legal duty is not unlimited, but a refusal should be based on evidence of undue hardship rather than assumptions about illness, cost, inconvenience, or risk.
The Residential Tenancies Act and the Residential Tenancies Tribunal govern many landlord and tenant issues in New Brunswick, including applications and tenancy disputes.[2] For broader guidance on the province's rules, see Tenant Rights and Landlord Rights in New Brunswick. General responsibilities concerning repairs, access, and tenancy conduct are also summarized in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Examples of accommodation requests
The right solution depends on the barrier you are experiencing. Consider explaining the task or rule that is difficult, the disability-related limitation, and the change that would allow you to live safely and use the rental.
- Requesting an accessible parking space or a change to an entry arrangement when mobility limitations make ordinary access difficult.
- Asking for notices or tenancy communication in an accessible format or through a support person.
- Requesting reasonable scheduling flexibility for disability-related appointments or treatment.
- Requesting a service animal accommodation when an animal is needed because of a disability.
- Asking for a repair or modification that is needed to safely use the unit, subject to responsibility for approval, cost, and restoration.
How to make a written request
Written communication creates a clear record and can reduce misunderstandings. You can send a letter or email to the landlord or property manager, and you may ask a trusted support person to help prepare or deliver it.
- Describe the functional limitation relevant to the tenancy, such as difficulty using stairs, communicating by phone, or meeting a particular scheduling requirement.
- State the accommodation you are requesting and when you need it to begin.
- Suggest a reasonable time for the landlord to respond and invite discussion of alternatives.
- Keep a copy of the request, attachments, delivery confirmation, and any response.
A landlord may ask for reliable information confirming that an accommodation is needed and describing the relevant limitations. In most cases, a health professional can provide functional information without stating a detailed diagnosis, treatment history, or unrelated medical records. Ask what information is necessary and how it will be kept confidential.
Working with your landlord
Accommodation is often a problem-solving process rather than a one-sided demand. Respond promptly to reasonable questions, consider alternative solutions, and explain why a proposed option would or would not address the barrier. If a change affects other residents, shared areas, or building operations, the landlord may need time to assess it.
Do not stop paying rent or disregard tenancy rules simply because an accommodation request is pending. If the request concerns a serious health or safety issue, explain the urgency in writing and report related maintenance concerns promptly. Information about health and habitability concerns is available in Health and Safety Issues Every Tenant Should Know When Renting.
If the request is refused or ignored
Ask the landlord to provide the reason for the decision in writing. A refusal may be discriminatory if it is based on stereotypes, an unwillingness to consider alternatives, or a protected disability rather than a legitimate and supported hardship. Retaliation for asserting human rights may also raise concerns.
- Save the lease, request, medical or functional confirmation, messages, notices, photographs, receipts, and a dated communication log.
- Contact the New Brunswick Human Rights Commission for information about a possible discrimination complaint.
- Contact the Residential Tenancies Tribunal about tenancy matters within its authority and ask which application process applies.
- Track every deadline on a notice, application, hearing letter, or complaint response.
The Human Rights Commission and the Residential Tenancies Tribunal serve different purposes. Human rights complaints generally address discrimination, while the Tribunal handles residential tenancy matters assigned to it by provincial law. A tenant may need to consider which process best matches the problem, and some situations may involve more than one legal issue.
Official forms and applications
New Brunswick's official residential tenancy information identifies the application process and available forms for disputes administered by the Residential Tenancies Tribunal.[3] Check the current official forms before filing because procedures and form names can change.
- Residential Tenancies Tribunal application or complaint form: use the current online or downloadable application identified by the Tribunal when asking it to decide a covered landlord and tenant issue, such as a dispute about tenancy obligations; for example, a tenant could use the process after a landlord fails to address a matter within the Tribunal's authority.
- Human Rights complaint form: use the New Brunswick Human Rights Commission's current complaint process when you believe disability discrimination occurred in housing; for example, a tenant might file after a landlord refuses to consider a documented accommodation because of an assumption about chronic illness.
- Supporting documents: attach the lease, accommodation request, relevant functional information, response, notices, and communication log as requested by the applicable body, while removing unrelated private medical information.
Before submitting anything, confirm the correct form, filing method, service requirements, hearing process, and deadline on the official website. Keep a complete copy of everything filed and proof of delivery.
FAQ
- Can a chronic illness qualify for housing accommodation in New Brunswick?
- It may qualify when the condition creates disability-related functional limitations and the requested change is connected to those limitations.
- Does a tenant have to disclose a diagnosis?
- A tenant will usually need to provide enough reliable information to show the disability-related need, but may not need to disclose a detailed diagnosis or unrelated medical history.
- What can a tenant do if a landlord refuses an accommodation?
- Ask for the reason in writing, preserve records, consider alternatives, and contact the New Brunswick Human Rights Commission or Residential Tenancies Tribunal depending on the issue.
- Can a tenant stop paying rent while waiting for accommodation?
- No, a pending accommodation request does not generally cancel the obligation to pay rent or comply with the tenancy agreement.
How-To
- Identify the disability-related barrier affecting your use of the rental.
- Write a clear request describing the functional need and proposed accommodation.
- Obtain limited supporting information about the relevant functional limitations if reasonably requested.
- Set a reasonable response date and keep records of all communication.
- Use the appropriate official complaint or tenancy application process if the issue remains unresolved.
Help and Support / Resources
- New Brunswick Residential Tenancies Tribunal
- New Brunswick Human Rights Commission
- New Brunswick Residential Tenancies Act
- New Brunswick housing information and assistance
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