Tenant Mental Health Rights & Accommodations in New Brunswick

Mental health is increasingly recognized as an important aspect of safe and equitable housing in New Brunswick. If you are a tenant living with mental health challenges, you have specific rights and protections under provincial law. Understanding when and how to request accommodations can ensure your rental experience is fair and supports your well-being.

Your Right to Housing & Mental Health Accommodations

Under New Brunswick’s tenancy laws and the Residential Tenancies Act, tenants are protected against discrimination due to mental health disabilities. The New Brunswick Human Rights Act also requires that landlords make reasonable accommodations to ensure tenants with mental health needs have equal access to housing.^[1]

• You cannot be denied housing because of a mental health disability.
• Your landlord must seriously consider requests for accommodations related to your mental health—unless it would cause them “undue hardship”.

Examples of reasonable accommodations include allowing a support animal, modifying lease terms around noise complaints, or providing accessible communication formats.

Requesting a Mental Health Accommodation

Tenants may request an accommodation at any point during their tenancy—for example, if a mental health condition worsens or if new needs arise. You should:

• Make your accommodation request in writing, clearly describing your needs.
• Your landlord may request reasonable documentation, such as a note from a medical or mental health professional.
• Cooperate with your landlord in finding a solution that works for both of you.

If your landlord refuses your request or does not respond, you can file a complaint with the New Brunswick Human Rights Commission or seek assistance from the provincial tribunal (Residential Tenancies Office—official website).

Your Rights and Responsibilities

Requests for mental health accommodations should not be used to avoid core tenancy obligations, such as paying rent or keeping the premises reasonably clean. However, your mental health needs should be considered if you are struggling with certain requirements.

For an in-depth review of tenant and landlord duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained. Common scenarios may include:

• Difficulty with maintenance tasks—requesting flexibility or support
• Need for a quieter unit due to anxiety or sensory processing
• Access to a designated support person on the property

Relevant Forms and How to Use Them

Residential Tenancy Forms in New Brunswick

While there is no specific government form for requesting a mental health accommodation, tenancy communications should always be documented in writing. For example, if you need to formally address accommodation disputes, use:

• Application for Assistance (Residential Tenancies Office Form RTB-8) — Use this if you believe your rights have been violated or your landlord is not making accommodations.
  View the official form. You’ll need to provide a summary of the issue and evidence of your request. For example, if your landlord refuses to allow a support animal needed for your mental health, you can submit this form to the Residential Tenancies Office for mediation or a ruling.

For more details on what happens after your rental agreement is complete, visit What Tenants Need to Know After Signing the Rental Agreement.

Health, Safety, and Your Mental Well-Being

Your landlord must provide a rental that meets health and safety standards—which can have a direct impact on mental health. Poor maintenance, exposure to pests, or unsafe living conditions can worsen anxiety, depression, or other challenges.

• If you believe your unit is unsafe, document the problem and request repairs as soon as possible.
• If issues aren’t resolved, see Health and Safety Issues Every Tenant Should Know When Renting.

Learn more about your general rights as a New Brunswick tenant at Tenant Rights and Landlord Rights in New Brunswick.

If you are seeking a new home that better suits your needs, you can browse apartments for rent in Canada quickly and easily online.

Frequently Asked Questions

1. Can my landlord evict me because of my mental health?
   No, your landlord cannot evict you simply because you have a mental health condition. They must follow the correct process outlined in the Residential Tenancies Act if there are other legal grounds.
2. What if my landlord refuses a reasonable accommodation?
   If your landlord refuses, you may file a complaint with the New Brunswick Human Rights Commission or the Residential Tenancies Office using Form RTB-8.
3. Do I have to share my medical diagnosis with my landlord?
   Usually, you only need to provide enough information to support your request for accommodation, not your specific diagnosis.
4. Will requesting accommodations affect my rental agreement?
   No. You have a right to ask for accommodations, and your landlord cannot penalize or evict you for requesting support due to your mental health.
5. Who helps resolve disputes about accommodations?
   The Residential Tenancies Office and the New Brunswick Human Rights Commission offer help with these disputes.

Key Takeaways

• Mental health is protected under New Brunswick tenancy laws—you have the right to reasonable accommodation and fair treatment.
• Always document your requests in writing and know which official forms to use if disputes arise.
• Support and guidance are available from provincial boards and advocacy organizations if you need help.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Office: Government dispute resolution & tenancy information
• New Brunswick Human Rights Commission: File a discrimination or accommodation complaint
• Canadian Mental Health Association – New Brunswick: Support and advocacy for tenants
• Tenant Rights and Landlord Rights in New Brunswick: Provincial tenant fact sheet

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1. [1] See: Residential Tenancies Act of New Brunswick – official legislation
2. New Brunswick Human Rights Act: official text
3. New Brunswick Residential Tenancies Office: official government tenancy board

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