If you rely on a service animal, you have rights in New Brunswick when renting. This guide explains how to ask a landlord for an accommodation, what landlords can reasonably request, and when you might need to file with the province's tribunal. You will find plain-language steps for documenting your need, practical examples of acceptable supporting information, and an overview of official forms and timelines so you can act confidently. The goal is to help tenants resolve disputes early, avoid misunderstandings, and preserve housing stability while respecting privacy and safety for everyone involved in a rental situation in New Brunswick.
What is a service animal under New Brunswick tenancy rules?
A service animal is an animal trained to do work or perform tasks for a person with a disability. In a tenancy situation, a service animal is treated differently from a pet: landlords cannot use a "no pets" rule to refuse a tenant with a legitimate need for a service animal. Landlords may ask for reasonable proof of need but generally cannot demand medical records or intrusive details.
How to request an accommodation
Begin by making a clear, written request to your landlord that explains you require a service animal as an accommodation for a disability. State what accommodation you need and how it relates to your ability to live in the unit. Offer to provide supporting documents where appropriate and explain any privacy concerns.
- Write a short letter explaining the accommodation request and the role of the service animal.
- Offer non-sensitive proof (e.g., a letter from a health professional confirming a disability-related need) rather than full medical records.
- Provide contact details and invite the landlord to discuss reasonable adjustments.
What landlords can and cannot ask
Landlords may ask for documentation that reasonably establishes a disability-related need, but they must balance that request with tenant privacy. They cannot impose extra fees or deposits solely because you have a service animal. If a landlord questions the legitimacy of a service animal, try to resolve the concern by offering limited, relevant documentation.
Documentation, timelines and official forms
Keep copies of your written request and any responses from your landlord. If you cannot resolve the issue informally, you may need to apply to New Brunswick's Residential Tenancies Tribunal for dispute resolution. The Tribunal handles tenancy disputes and can order accommodations or remedies.[1] The governing law is the province's Residential Tenancies Act, which outlines tenant and landlord obligations.[2]
- Application to the Residential Tenancies Tribunal (e.g., "Application to the Tribunal" form): use this when informal discussions fail and you need a formal decision; attach your request letter and supporting documents.
- File within the Tribunal timelines shown on the official site; missing deadlines can limit remedies.
- Gather evidence: copies of emails, dated letters, photos of unit conditions relevant to the dispute, and witness statements if available.
Resolving disputes without the Tribunal
Many disputes are settled by communication and compromise. If you and your landlord can agree on conditions (for example, cleaning responsibilities or a behavioural plan for the animal), put the agreement in writing and keep records of payments and actions.
When to involve the Residential Tenancies Tribunal
If the landlord refuses a reasonable accommodation, charges extra fees, or threatens eviction because of a service animal, consider filing an application with the Tribunal. The Tribunal can order the landlord to allow the accommodation or provide other remedies. Before filing, check the official form instructions and gather all supporting documents.[3]
Practical examples
- If a tenant provides a provider letter stating a need for a service animal and the landlord agrees to limited documentation, the issue can often be resolved quickly.
- If a landlord insists on unreasonable proof or charges a pet deposit, the tenant can file a Tribunal application for discrimination or improper fees.
- If behaviour or damage occurs, both parties should document dates, actions taken, and communications before involving the Tribunal.
FAQ
- Can my landlord refuse me housing because I have a service animal?
- No. Landlords in New Brunswick cannot refuse a tenant solely because of a service animal when it is required as an accommodation for a disability.
- Can a landlord ask for medical records?
- Landlords can request reasonable proof of need but should not demand detailed medical records; a brief letter from a health professional is usually sufficient.
- What if my landlord charges a pet fee for a service animal?
- Charging a pet fee solely for a service animal is generally not allowed; you can raise the issue with the Residential Tenancies Tribunal if needed.
How-To
- Write a dated accommodation request explaining your need and the role of the service animal.
- Collect supporting documents (a short provider letter, lease copy, and any relevant correspondence).
- Share the documents with your landlord and propose reasonable conditions if needed.
- If no agreement is reached, check Tribunal filing timelines and prepare an application.
- Attend the Tribunal hearing with your evidence and a clear summary of what remedy you seek.
Key Takeaways
- Tenants in New Brunswick have a right to reasonable accommodation for service animals.
- Keep written records and limited supporting documents to protect your privacy.
- Use the Residential Tenancies Tribunal if informal resolution fails.
Help and Support / Resources
- Tenant Rights and Landlord Rights in New Brunswick
- How to Handle Complaints in Your Rental: A Tenant's Guide
- Search pet-friendly rentals on Houseme.ca
