Can a Tenant Be Refused Housing for Receiving Assistance in NL?

Searching for a rental in Newfoundland and Labrador while receiving income or government assistance? You may be concerned that landlords could turn you away because of your source of income. Understanding your legal rights can empower you and help you recognize when discrimination may have occurred.

Rental Housing Discrimination and Source of Income: The Basics

In Newfoundland and Labrador, the Human Rights Act, 2010 protects individuals against discrimination on several grounds, including "source of income." This means that a landlord cannot legally refuse to rent to you simply because you receive government assistance, public support like social assistance, disability payments, or other legal sources of income.

However, landlords may ask for information about your income, credit, or references—just like with any applicant. What matters is that all applicants are treated fairly and equally, and that decisions are not based on how you earn your income if it's legal.

What Does "Receiving Assistance" Cover?

• Income support (social assistance)
• Disability benefits
• Old Age Security or pensions
• Child tax or family benefits
• Employment Insurance (EI)

Landlords can request proof that you can afford rent—but they cannot refuse you just because your income comes from assistance programs.

Your Rights Under Newfoundland and Labrador Law

The Human Rights Act, 2010 (section 14) clearly bans discrimination in the rental of accommodations based on "source of income." If you suspect you were refused housing for this reason, you have the right to file a complaint with the Newfoundland and Labrador Human Rights Commission.

Common Examples of Discriminatory Practices

• A landlord advertising “No income assistance” tenants.
• Refusing applications upon learning the rent will be paid by a social program.
• Imposing different security deposit requirements based on source of income.

If you encounter a listing or application process that singles out those on assistance, this could be a violation of your rights. Save any written communication for your records!

How to Respond if You Face Discrimination

If you believe you’ve been turned down due to your income source, keep detailed notes or emails as proof. You may wish to try discussing the issue with the landlord first, but you are not required to do so.

The official avenue for complaints is the Human Rights Commission. Unlike tenancy complaints, these are handled separately from your standard rental disputes.

Official Forms and Example

• Form: Human Rights Complaint Form
• Use it if: You’ve been denied a rental or faced negative treatment because you receive government or income assistance.
• How to file: Download the form from the Human Rights Commission website, fill in details of what happened, attach any evidence (such as texts or emails), and submit it by email or mail.

The process is free, and no lawyer is necessary—but you can seek legal help or advice if you wish.

What Landlords Are Allowed to Consider

Landlords can require all tenants to:

• Show proof of income (including paystubs, support letters, or government statements)
• Provide references and complete standard applications
• Pay a rental deposit that complies with provincial law

These steps must be applied to all applicants, regardless of how you earn income. For more about deposits, see Understanding Rental Deposits: What Tenants Need to Know.

For a full overview of tenancy law and your rights, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Which Tribunal Handles Rental Issues?

Standard residential tenancy disputes in Newfoundland and Labrador are handled by the Residential Tenancies Section of Service NL. However, complaints about discrimination based on source of income go to the Human Rights Commission, not the landlord and tenant board.

Additional Rights and Responsibilities

After your rental agreement starts, your rights continue, including protections against discrimination. To learn more about obligations for both parties in a rental, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

FAQ: Tenants and Discrimination in NL

1. Can a landlord legally refuse my application if I'm on social assistance?
   No. Refusing applicants on social assistance is a form of discrimination based on "source of income," which is prohibited under NL law.
2. What should I do if I see a rental ad that says "No income assistance"?
   Save a copy of the ad and consider filing a complaint with the Human Rights Commission. This language may be against the law.
3. Does the law protect me from discrimination after I've moved in?
   Yes. Landlords cannot treat you unfairly, threaten eviction, or otherwise discriminate against you due to your income source at any point in the tenancy.
4. Can a landlord set higher deposits or stricter conditions for tenants on assistance?
   No. All rules regarding deposits and rental terms must be applied equally to all tenants, regardless of the source of their income or assistance.
5. Who should I contact for help with discrimination that happens during a rental?
   File a complaint with the Newfoundland and Labrador Human Rights Commission. Tenancy-related questions can be directed to Service NL.

Conclusion: Key Takeaways for Tenants

• You cannot be refused a rental solely because you receive government or income assistance in Newfoundland and Labrador.
• If you face discrimination, contact the Human Rights Commission and keep copies of all relevant communications.
• Landlords must treat all rental applicants fairly and abide by the Human Rights Act, 2010.

Need Help? Resources for Tenants

• Newfoundland and Labrador Human Rights Commission: Filing a Discrimination Complaint
• Residential Tenancies Section (Service NL): Tenancy Forms and Information
• Legal Aid NL: Legal Assistance for Tenants

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1. Newfoundland and Labrador Human Rights Act, 2010: Full text of the Act
2. Newfoundland and Labrador Human Rights Commission - Official Website
3. Service NL Residential Tenancies Section

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