Can my landlord ask about my mental health before renting to me?

Landlords cannot legally require you to disclose mental health details or refuse to rent to you because of a mental illness.

What should I do if my landlord refuses my request for a support animal?

Ask in writing and explain the animal is needed for medical reasons. If refused, file a complaint with the New Brunswick Human Rights Commission.

Is it legal for my landlord to evict me because of behavior caused by a mental health condition?

Eviction purely due to mental illness is not legal. If behavior endangers others or seriously disrupts the property, the landlord must still consider accommodation and follow proper process.

Will making a complaint impact my ability to rent in the future?

Complaints are confidential, and retaliation by a landlord is prohibited by law in New Brunswick.

Where can I find more information about my tenant rights in New Brunswick?

Visit the Tenant Rights and Landlord Rights in New Brunswick page for a comprehensive overview.

Tenant Rights: Mental Health Discrimination Protections in New Brunswick

Mental Health & Tenancy New Brunswick published June 19, 2025

Facing discrimination as a tenant due to mental illness can feel overwhelming. If you are renting in New Brunswick and have concerns about fair treatment, it's important to know that the law offers strong protections. This article explains your rights under provincial legislation, how to identify discrimination, and what you can do if your mental health is used unfairly against you in housing matters.

Your Rights Against Discrimination in Tenancy

New Brunswick tenants are protected from discrimination based on mental illness through both federal and provincial laws. The New Brunswick Human Rights Act makes it illegal for landlords to deny housing, evict, or treat tenants differently due to a mental health condition.

Landlords cannot refuse to rent to you because of your mental illness.
Evictions due to mental illness are prohibited, unless there are very specific reasons under tenancy legislation.
Your right to privacy around mental health is also respected.

For a detailed overview of housing laws, see Tenant Rights and Landlord Rights in New Brunswick.

What Counts as Discrimination?

Discrimination may include:

Refusing to rent to someone who discloses a mental illness
Imposing different rental rules or higher deposits only on tenants with mental health needs
Trying to end your tenancy because of issues related to your mental illness

If you believe your mental illness has influenced a landlord's decision unlawfully, you may have grounds to file a human rights complaint.

Reasonable Accommodation and Duty to Accommodate

Landlords in New Brunswick have a legal obligation to provide what’s called reasonable accommodation to tenants with disabilities, including mental health diagnoses. This may mean making certain changes to policies, rules, or renting practices unless it would cause “undue hardship” (such as serious financial or safety issues).

Allowing support animals, even if pets are not usually allowed
Adjusting communication methods or allowing a support person
Modifying lease terms if necessary for disability-related reasons

Tenants must request accommodations, preferably in writing, and may be asked for reasonable medical documentation (but not detailed diagnosis information).

Tip: Keep all correspondence and document your requests for accommodation. If you're unsure about your rights and responsibilities, reviewing the Obligations of Landlords and Tenants: Rights and Responsibilities Explained page can be very helpful.

Filing a Complaint: Human Rights Process in New Brunswick

If you experience discrimination based on your mental illness or feel your housing accommodation needs are being ignored, you may file a complaint with the New Brunswick Human Rights Commission (NBHRC).

Form: Human Rights Complaint Form
How to Use: Submit this form if you believe your mental health was a factor in being denied housing, evicted, or mistreated by your landlord.
Download & Official Info: Human Rights Complaint Form (PDF)

The NBHRC investigates complaints and can seek remedies such as allowing you to move in, stopping discriminatory conduct, or awarding damages.

The Residential Tenancies Tribunal and Relevant Laws

General landlord-tenant matters, like rent and evictions, are handled by the Residential Tenancies Tribunal of New Brunswick. While this body does not specifically address human rights, many accommodation and discrimination issues can overlap with regular tenancy proceedings.

Key Legislation:

Other Protections and Practical Steps

Report unsafe or unhealthy living conditions—mental illness is not an excuse for landlords to neglect their responsibilities. Learn more from Health and Safety Issues Every Tenant Should Know When Renting.
Document all interactions that may involve discrimination or lack of accommodation.
If evicted, you may appeal to the Tenancies Tribunal, especially if you think discrimination is involved. File promptly—there are time limits.

If you are searching for housing and want a stress-free platform designed for easy comparisons, you can Explore rental homes in your area online anytime.

FAQs for Tenants Facing Mental Health Discrimination

Can my landlord ask about my mental health before renting to me?
Landlords cannot legally require you to disclose mental health details or refuse to rent to you because of a mental illness.
What should I do if my landlord refuses my request for a support animal?
Ask in writing and explain the animal is needed for medical reasons. If refused, you can file a complaint with the New Brunswick Human Rights Commission.
Is it legal for my landlord to evict me because of behavior caused by a mental health condition?
Eviction purely due to mental illness is not legal. If behavior endangers others or seriously disrupts the property, the landlord must follow due process and still consider reasonable accommodation.
Will making a complaint impact my ability to rent in the future?
Complaints are confidential, and retaliation by a landlord is also prohibited by law in New Brunswick.
Where can I get more information about all of my tenant rights in New Brunswick?
You can visit the page on Tenant Rights and Landlord Rights in New Brunswick for a comprehensive overview.

Key Takeaways

Discrimination due to mental illness is illegal under the New Brunswick Human Rights Act.
Landlords have a duty to accommodate mental health needs up to the point of undue hardship.
Tenants can file a formal complaint with the NB Human Rights Commission and have the right to appeal tenancies decisions if discrimination is suspected.

In summary: Know your rights, keep documentation, and don’t hesitate to seek advice or file a complaint if you feel you’re being treated unfairly.

Need Help? Resources for Tenants

New Brunswick Human Rights Commission – Call 1-888-471-2233 for discrimination complaints and accommodation support.
Residential Tenancies Tribunal of New Brunswick – For eviction, rent, and general tenancy questions.
Government of New Brunswick – Renting Resources – Renters’ rights, forms, and guides.
For up-to-date information about your province’s tenant protections: Tenant Rights and Landlord Rights in New Brunswick

New Brunswick Human Rights Act: See full text
Residential Tenancies Act: See official legislation
Residential Tenancies Tribunal of New Brunswick: Official Tribunal website
Human Rights Complaint Form: Download here