Avoiding Discrimination Mistakes in NL Rentals

Understanding your rights as a tenant in Newfoundland and Labrador is crucial, especially when it comes to discrimination and accessibility. The provincial laws and the Residential Tenancies Act work together to ensure tenants are treated fairly regardless of their background, family status, disability, or other protected characteristics. This guide helps you avoid common mistakes, recognize your rights, and take action if you experience discrimination or accessibility barriers when renting a home.

Your Rights Under the Law

Discrimination in rental housing is strictly prohibited under the Residential Tenancies Act (Newfoundland and Labrador)^[1] and the Newfoundland and Labrador Human Rights Act, 2010^[2]. These laws protect you from unfair treatment based on:

• Race, colour, or ethnic origin
• Religion
• Sex, sexual orientation, gender identity or expression
• Family status or marital status
• Disability (including mental or physical disabilities)
• Age
• Source of income (while not absolute, it can’t be used as sole grounds for denial)

Landlords cannot refuse to rent, ask different questions, set different terms, or end a tenancy just because of one of these characteristics. The law also ensures tenants have the right to reasonable accommodation for disabilities, which may include modifications or changes to rules so you can fully use your home.

Common Mistakes Tenants Make

Despite the protections in place, many tenants accidentally undermine their own rights or struggle to recognize when their rights have been violated. Here are typical pitfalls and how to avoid them:

• Not documenting barriers or incidents: Always keep a written record (including dates and details) of any discriminatory comments or refusals.
• Assuming all rental ads are neutral: Ads that say “no kids” or exclude certain groups can be discriminatory. Ask questions if something feels off.
• Not requesting accommodations in writing: If you need a change due to a disability (like an accessible entrance), put your request in writing to your landlord.
• Missing deadlines for complaints: Complaints about discrimination have time limits. Act quickly if you suspect your rights are being violated.
• Believing accessibility only means physical access: Reasonable accommodation also applies to other disabilities like mental health, hearing, or visual needs.

By avoiding these mistakes, you help protect your right to safe and fair housing.

Official Forms and How to Use Them

In Newfoundland and Labrador, tenants can use official government forms to address discrimination or accessibility issues:

• Discrimination Complaint Form (Human Rights): If you believe your rights have been denied, submit a complaint to the Newfoundland and Labrador Human Rights Commission. The Human Rights Complaint Form is used to start an official investigation. Example: If a landlord refuses to rent to you because of your disability, you submit this form within 12 months of the incident.
• Application to Residential Tenancies (Form RT) — for accommodation-related disputes: Use this form through Service NL’s Residential Tenancies Division if a dispute arises regarding your tenancy, such as a landlord failing to make an accessibility accommodation you requested. Access the Application for Orders or Hearings page and choose the relevant RT application.

For more information about tenant and landlord duties beyond discrimination, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and Tenant Rights and Landlord Rights in Newfoundland and Labrador.

The Role of the Residential Tenancies Division

The Residential Tenancies Division (Service NL) handles all rental disputes in the province, including cases where tenants feel their rights around accessibility or discrimination have been violated. This tribunal is responsible for enforcing the Residential Tenancies Act and can order remedies if a landlord has failed to comply with the law.

Accommodation Requests: Practical Steps

If you need an accommodation for a disability, here’s how to proceed:

1. Put your request in writing to your landlord, explaining why the accommodation is necessary.
2. Allow your landlord reasonable time to respond (usually several days to a week).
3. If denied or ignored, remind your landlord—then seek help from the Human Rights Commission.
4. If the request leads to a tenancy dispute (e.g., threatened eviction), apply to the Residential Tenancies Division using the RT form.

Documentation is vital: Email records, notes, and photos help support your case. Remember, landlords must consider accommodations unless it would cause them undue hardship, like major structural costs or safety issues.

Summary: Preventing Discrimination & Accessibility Pitfalls

• Recognize how discrimination can show up, from advertising to lease renewal.
• Always request disability-related accommodations in writing.
• Document every step—emails, letters, and any responses you receive.
• Act within 12 months of an incident to preserve your rights to file a complaint.

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FAQ: Discrimination & Accessibility Issues in Newfoundland and Labrador

1. What should I do if I face discrimination when renting?
   Write down details immediately (dates, names, what happened), collect any written evidence, and start the complaint process within 12 months using the Human Rights Complaint Form.
2. Can a landlord refuse to accommodate my disability?
   Generally, landlords must provide reasonable accommodation for disabilities unless doing so would cause serious difficulty (undue hardship). If they refuse, file a written request, and if unresolved, escalate to the Human Rights Commission or Residential Tenancies.
3. What counts as discrimination in rental housing?
   Anything that treats you differently or unfairly because of protected characteristics (like age, race, disability, or family status) may qualify. This includes outright refusals or setting different terms in your agreement.
4. How can I make my case stronger if I need to file a complaint?
   Keep meticulous records: emails, text messages, refused applications, proof of need for accommodation, and dates. Clear documentation helps prove your claims to the relevant authorities.
5. Is there a time limit for reporting discrimination?
   Yes, you must file most discrimination complaints within 12 months of the incident. File as soon as possible to ensure your rights are protected.

How To: Take Action on Discrimination or Accessibility Issues

1. How do I file a discrimination complaint in Newfoundland and Labrador?
   Fill out the Human Rights Complaint Form, submit it online or by mail to the Human Rights Commission, and provide supporting documents.
2. How do I ask for an accessibility accommodation from my landlord?
   Submit a written request, specify your needs, and provide supporting documents if possible. If denied, escalate by contacting the Human Rights Commission.
3. How do I resolve a tenancy dispute involving accessibility?
   Complete the relevant RT application with the Residential Tenancies Division and describe the issue, attach evidence, and request a hearing.
4. How do I know if my landlord’s actions are discriminatory?
   If decisions or terms (like refusal to rent or rule enforcement) seem to target a protected characteristic, gather information and seek advice from the Human Rights Commission.
5. How do I document discrimination?
   Keep written records of all incidents, communications, and any responses from your landlord.

Key Takeaways

• Know your rights to equal treatment and reasonable accommodations.
• Act quickly—document incidents and file complaints or applications within the required timelines.
• Use available support, from official forms to tenant advocacy services, to protect your right to fair housing.

Need Help? Resources for Tenants

• Residential Tenancies Division (Service NL) – for rental disputes, applications, and general advice
• Newfoundland and Labrador Human Rights Commission – for discrimination or accessibility complaints
• Newfoundland and Labrador Housing Corporation – information on accessible housing or tenant supports
• Learn more about your rights: Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. Residential Tenancies Act, SNL 2018, c. R-14.1 — see the complete text: Newfoundland and Labrador Residential Tenancies Act
2. Human Rights Act, 2010, SNL 2010, c. H-13.1, accessible at Newfoundland and Labrador Human Rights Act
3. Forms and applications from the Residential Tenancies Division: Official forms and guides
4. Newfoundland and Labrador Human Rights Commission: Official Commission website

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