Tenant screening is common, but in New Brunswick tenants have protections against unfair or discriminatory checks. This article explains what screening processes landlords may use, which questions and policies are prohibited, and how tenants can respond if they face discrimination. You’ll learn practical steps for documenting problematic screening, which provincial legislation and tribunal oversee disputes, what official forms you may need, and how timelines work when filing a complaint. The guidance is written for renters, using plain language and clear examples so you can identify problematic practices, prepare supporting evidence, and pursue remedies without delay. If you have questions about deposits or application fees, see Understanding Rental Deposits: What Tenants Need to Know.
What tenant screening looks like in New Brunswick
Landlords typically request identification, references, credit information, rental history, and proof of income. While many checks are lawful, New Brunswick tenants are protected from screening practices that amount to discrimination based on protected grounds such as race, religion, family status, disability, or source of income.
- Application fees or credit report fees: landlords may require an application fee only if provincial rules permit it; always ask for a receipt and reason.
- References and rental history: landlords commonly contact former landlords to check behaviour and tenancy records.
- ID and right-to-rent checks: verifying identity is normal, but requests must not be invasive or discriminatory.
- Proof of income and guarantors: landlords can ask for proof that rent will be paid, but must apply standards consistently.
When screening crosses into discrimination
Screening becomes unlawful if it treats applicants differently because of protected characteristics (for example, refusing applicants who receive social assistance, or asking questions about religion or family plans). If a policy disproportionately excludes a protected group, it may still be discriminatory even if the landlord did not intend harm.
Examples of prohibited screening practices
- Refusing applicants because they receive social assistance, without assessing ability to pay or offering reasonable accommodation.
- Asking about family plans, pregnancy, or childcare in a way that excludes applicants with children.
- Applying different credit or income standards to applicants of certain racial or ethnic groups.
If you believe screening was discriminatory, the next steps are to document what happened, gather supporting evidence (emails, screenshots, names of people you spoke with), and consider filing a complaint with the provincial tribunal that handles residential tenancy disputes[1].
What official rules and forms apply
New Brunswick tenancy issues are governed by provincial legislation and handled by the provincial residential tenancy tribunal. Common official forms include an application to the tribunal to start a hearing and specific notices to end or dispute tenancies. These forms explain deadlines, what evidence to attach, and filing instructions[2].
- Application to the Residential Tenancies Tribunal (complaint form): used to start a dispute about discriminatory screening or other tenancy issues; include copies of your application, receipts, and correspondence.
- Notice to End Tenancy or Response forms: landlords and tenants use these to formally notify the other party or respond to an eviction; keep a dated copy for your records.
How the complaint process typically works
When you file, the tribunal will often ask for a written application and may set a hearing. Timelines vary; respond to any notices promptly and meet filing deadlines. At a hearing, both parties present evidence and the tribunal issues an order that may include remedies such as compensation or instructions to stop discriminatory practices.
Practical tenant actions before filing
- Collect evidence: save emails, take screenshots of online application questions, and note dates and names of people you spoke with.
- Ask for clarification in writing: request the landlord explain the screening criteria and whether the same standard applies to all applicants.
- Request copies of any reports or background checks the landlord used, and receipts for application fees.
FAQ
- Can a landlord run a credit check in New Brunswick?
- Yes, landlords can request credit checks, but they must apply the policy consistently and not use credit requirements to screen out people based on protected characteristics. If a fee is charged for a credit check, ask for a receipt and justification.
- What counts as discrimination during tenant screening?
- Any screening practice that treats applicants differently because of protected grounds (race, religion, family status, disability, source of income, etc.) or that disproportionately excludes a protected group without a valid non-discriminatory reason.
- How do I start a complaint about discriminatory screening?
- Document the screening, collect evidence, contact the landlord for an explanation in writing, and file an application with the provincial residential tenancy tribunal following the official form and deadline guidance[2].
How-To
- Gather evidence: save your application, screenshots, receipts, messages, and names of people involved.
- Ask the landlord for written reasons for any denial or fee and request copies of reports used.
- Try to resolve the issue directly by explaining your concerns and proposing a fair solution.
- If unresolved, complete and submit the tribunal application form with attachments and copies of evidence[2].
- Attend the hearing or send a written statement if you cannot attend; follow any orders and keep records of compliance.
Key Takeaways
- New Brunswick tenants are protected from discriminatory screening based on protected grounds.
- Document every step of the application process and keep receipts and messages.
- Use official tribunal forms to file complaints and meet all timelines for filing and responses.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- New Brunswick landlord and tenant information - Government of New Brunswick
- Tenant Rights and Landlord Rights in New Brunswick
