Being turned down for a rental can be stressful—especially if you're not sure why it happened or what your rights are. In New Brunswick, tenants have protections when it comes to applying for rental housing. This guide covers your rights if your application is rejected, including anti-discrimination laws, legal forms, and practical steps to take next.
Your Rights: Rental Application Rejection in New Brunswick
Landlords in New Brunswick decide who to accept as tenants, but they must follow rules set by the province. If your application is not approved, the decision must be based on legal criteria—not personal bias or prohibited discrimination.
Legal Protections Against Discrimination
The Human Rights Act of New Brunswick protects people from discrimination based on:
- Race, colour, or ethnic background
- Religion or creed
- Age
- Sex, sexual orientation, gender identity or expression
- Marital status and family status (such as having children)
- Disability or perceived disability
- Receipt of social assistance
If you believe your application was rejected because of a protected characteristic, you can file a complaint with the New Brunswick Human Rights Commission.[1]
Permitted Reasons for Application Rejection
Landlords can legally reject your application for several reasons, including:
- Inability to pay rent or poor credit history
- Negative references from previous landlords
- Issues found during a background check (that are not protected grounds)
However, a landlord cannot ask for or use information that relates to protected grounds (such as family status or disability) when making their decision.
What Happens to Your Rental Deposit?
If you provided a deposit when applying and your application is rejected, that deposit should be returned to you. Learn more about this process in Understanding Rental Deposits: What Tenants Need to Know.
Filing a Complaint: Legal Forms and Process
If you suspect you were denied for a discriminatory reason, here are the main steps:
- Gather all documents related to your application, such as emails, application forms, or deposit receipts.
- Complete the official form: New Brunswick Human Rights Complaint Form.
- You can download the form from the official government website. Submit the form by email, fax, or mail to the Human Rights Commission.
- The Commission will review your case and reach out to both you and the landlord.
Filing a complaint is free and can lead to mediation or a formal hearing if needed. If the Commission finds evidence of discrimination, they can order compensation or direct the landlord to change their practices.
Who Handles Tenancy Issues in New Brunswick?
The Residential Tenancies Tribunal of New Brunswick is responsible for most tenancy-related matters, like lease agreements and disputes not related to human rights violations.[2] For discrimination issues, the Human Rights Commission is the main contact.
Relevant Legislation
Want a full overview of your legal protections, lease rules, and duties? See Tenant Rights and Landlord Rights in New Brunswick.
For those still searching for the right home, Find rental homes across Canada on Houseme for an easier, safer search experience.
FAQ: Tenant Application Rights in New Brunswick
- Can a landlord refuse my rental application for any reason? Landlords can use reasonable business criteria (credit, references) but cannot discriminate based on protected characteristics like race, family or disability.
- Am I entitled to get my application deposit back if rejected? Yes. If your application is not approved, any deposit paid as part of applying must be returned to you.
- How do I file a discrimination complaint about a rental application? Use the New Brunswick Human Rights Complaint Form and submit it to the Human Rights Commission. Include any supporting documents.
- Does a landlord need to explain why my application was rejected? Landlords are not legally required to provide reasons unless asked to do so in a human rights process, but you can politely request feedback for your own records.
- Where else can I get help if I feel unfairly treated? In addition to the Human Rights Commission, local tenant advocacy organizations or the Residential Tenancies Tribunal may offer guidance.
Conclusion: What New Brunswick Tenants Should Know
- You are protected from discrimination during the rental application process under New Brunswick law.
- Deposits paid on rejected applications must be returned promptly.
- Complaints about discrimination go through the Human Rights Commission; other tenancy disputes use the Residential Tenancies Tribunal.
Understanding your rights can ease the stress of applying for a home and help you spot unfair treatment early on.
Need Help? Resources for Tenants
- New Brunswick Human Rights Commission (1-888-471-2233): File a discrimination complaint or ask about your rights
- Residential Tenancies Tribunal of New Brunswick: Lease and tenancy support (1-888-762-8600)
- Public Legal Education and Information Service of New Brunswick: Tenant information and forms
- For more on application rights, deposits, and moving tips, see Understanding Rental Deposits: What Tenants Need to Know.
- "Filing a Complaint." New Brunswick Human Rights Commission. View complaint process and forms.
- "Residential Tenancies Tribunal." Service New Brunswick. Official website.
