What to Do if Your Accessibility Modification Request Is Denied in New Brunswick Rentals

Facing challenges with accessibility accommodations in your New Brunswick rental can be stressful, but tenants do have rights and options. If you request an accessibility modification to your rental unit—such as installing grab bars or a ramp—and your landlord says no, New Brunswick's tenancy and human rights laws provide protections. This article explains your legal options, steps to appeal, and where to get help.

Understanding Accessibility Rights for Tenants in New Brunswick

In New Brunswick, rental housing is governed by the Residential Tenancies Tribunal and legislation called the Residential Tenancies Act^[1]. Discrimination based on disability—such as refusing reasonable accessibility changes—is prohibited under the New Brunswick Human Rights Act^[2].

• Landlords must not deny reasonable modifications for tenants with disabilities, unless the change would create significant hardship, damage, or risk.
• Tenants may need to provide details and may be responsible for costs and returning the unit to its original state when moving out.
• "Reasonable" is assessed based on the tenant’s needs, the property’s structure, and the landlord’s circumstances.

For more about tenant and landlord legal obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

If Your Accessibility Modification Request Is Denied

If your landlord refuses your request for an accessibility modification, it’s important to respond in writing and keep records. Common accessibility requests might include:

• Installing ramps, handrails, or grab bars
• Widening doorways for wheelchairs
• Adjusting entrance thresholds
• Adding visual or tactile fire alarms

Step 1: Communicate in Writing

Ask your landlord for a written explanation for the denial. Clarify that the request is related to your accessibility needs and, if possible, provide documentation from a healthcare or accessibility professional.

Step 2: Seek Information on Your Legal Rights

Review the protections offered in the Tenant Rights and Landlord Rights in New Brunswick page to understand your position. The New Brunswick Human Rights Act requires landlords to accommodate to the point of undue hardship—a fairly high threshold.

Step 3: File a Complaint with the Right Agency

If informal negotiation fails, tenants can file a complaint with the New Brunswick Human Rights Commission. It's also possible to apply to the Residential Tenancies Tribunal for tenancy-related disputes.

Official Form to Use:

• Human Rights Complaint Form: Complete the complaint form from the New Brunswick Human Rights Commission's forms page if you believe your disability rights have been violated.
  Example: If a landlord won’t allow a ramp for wheelchair access, fill this form with details and supporting documents.

Include any written communications, documentation of your disability-related need, and a record of your request and the landlord’s response.

Step 4: Alternative Dispute Resolution

Before a formal hearing, you may be offered mediation through the Human Rights Commission or the Tribunal. Many disputes resolve here with an agreement on reasonable changes or timelines.

What Constitutes Undue Hardship?

Landlords may only refuse modifications if they can prove that accommodating the request would cause undue hardship—a legal concept involving excessive expense, significant structural changes, or health and safety risks. This is determined case-by-case, and the burden of proof lies with the landlord.

For additional advice on handling rental living challenges, read Common Issues Tenants Face and How to Resolve Them.

Your Rights When Modifying a Rental Unit

• You can be required to return the space to its original condition when you move out (at your cost, unless otherwise agreed).
• The landlord cannot charge extra rent or claim a deposit solely due to a disability-related modification.
• You have the right to equal enjoyment of your rental home as others.

For finding accessible listings or looking for alternative rental options if accommodation cannot be made, you can Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. What should I do if my landlord ignores my accessibility request?
   If they do not reply, send a follow-up letter by email and registered mail, and keep a copy for your records. You may file a complaint with the New Brunswick Human Rights Commission if there is still no response.
2. Can a landlord refuse all accessibility modifications?
   No, landlords must provide reasonable accommodation unless the modification causes undue hardship as defined by law.
3. Do I have to pay for making accessibility changes?
   Tenants are generally responsible for the cost of accessibility modifications but should not be charged extra rent or deposits because of a disability.
4. Where can I get help with my request?
   You can contact the New Brunswick Human Rights Commission, a local tenant advocacy organization, or the Residential Tenancies Tribunal for support or information.
5. Is my landlord allowed to ask for medical proof?
   Yes, it’s reasonable for your landlord to request some medical documentation to support your request, but they should not ask for more details than needed for the accommodation.

Summary: Key Takeaways for Tenants

• You have the right to request reasonable accessibility modifications in a New Brunswick rental.
• Landlords must accommodate unless it poses undue hardship, and they cannot charge extra fees solely due to your disability.
• If denied, document all interactions and use official complaint forms to protect your rights.

Taking action promptly and keeping clear records increases your chances of a fair outcome.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission: Advice and complaint forms for discrimination and accessibility issues.
• Residential Tenancies Tribunal: For landlord-tenant disputes, information, and official tenancy forms.
• Tenant Rights and Landlord Rights in New Brunswick: Key facts about your rights as a renter in the province.
• Local tenant support services or legal aid clinics can also offer assistance with accessibility concerns.

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1. New Brunswick Residential Tenancies Act
2. New Brunswick Human Rights Act

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