Challenging an Unfair Rental Denial in Newfoundland and Labrador

Facing a rental application denial in Newfoundland and Labrador can be frustrating—especially if you suspect the decision was unfair or discriminatory. As a tenant, you have legal rights under provincial law, and several options are available if you believe a landlord's decision violates these rights. This guide explains how you can challenge a rental denial, recognize discrimination, and seek proper recourse, all in clear and accessible language.

Understanding Your Rights as a Prospective Tenant

Landlords in Newfoundland and Labrador must follow the Residential Tenancies Act, 2018, which outlines the rules for renting homes in the province¹. The Act prohibits discrimination on protected grounds as listed in the Human Rights Act, 2010².

• Race or colour
• Age
• Disability
• Family status
• Marital status
• Sex, sexual orientation, gender identity, or gender expression
• Source of income (including social assistance)
• Religion or creed

If you believe your application was refused because of any of these protected grounds, the refusal may be considered discriminatory and not simply the landlord’s personal preference.

Common Reasons for Rental Application Denial

• Lack of references or insufficient income
• Poor credit history
• History of damaging rental property
• Discriminatory reasons (illegal under law)

If you’re rejected, always request clarification in writing. Some denials are legal and based on past tenancy issues or ability to pay rent; others may violate your rights.

Recognizing Signs of Discrimination or Unfair Practices

Discrimination can be direct or subtle. For example, a landlord cannot ask personal questions about your family status, disability, or religion during the rental application process.

If you are denied for a vague or unclear reason—particularly if you suspect it relates to a protected ground—you may want to gather written records of your communications and application.

Steps to Take After an Unfair Rental Denial

If you feel you’ve been denied unfairly:

• Request the reason for denial in writing from the landlord
• Keep documents (emails, messages) regarding your application
• Consider whether the stated reason is linked to a protected ground (e.g. family status, source of income)

Gathering supporting evidence early ensures a stronger case if you decide to make a formal complaint.

How to File a Human Rights Complaint

Allegations of discrimination related to renting in Newfoundland and Labrador are handled by the Newfoundland and Labrador Human Rights Commission. The process is free and does not require a lawyer.

Official Form: Human Rights Complaint Form

• Form Name: Human Rights Complaint Form
• Where to Find It: Human Rights Commission website
• When to Use: If you believe your rental denial was based on discrimination (e.g. disability, family status, source of income), submit this form as soon as possible.
• Example: If a landlord states you are “not a good fit” after learning you have children, and provides no other reason, you may file this form.

You will be asked for details about yourself, the landlord, and specifics of what happened. Attach any written proof (messages, emails) to support your case.

What Happens Next?

• The Human Rights Commission will review your complaint and may contact both sides for more information.
• If your complaint fits the Act, they will try to mediate a settlement or may proceed to a hearing.
• Outcomes can include compensation, orders for the landlord to change their practices, or a public apology.

While the Human Rights Commission handles discrimination concerns, Residential Tenancies deals with general rental disputes (such as eviction or repairs). For more on tenants' protections in your province, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Key Tips and Additional Tenant Protections

• Never pay a deposit or sign an agreement until you receive a clear, written acceptance.
• Review your rights around deposits and fees by reading Understanding Rental Deposits: What Tenants Need to Know.
• If you are unsure whether your situation counts as discrimination, you can contact the Human Rights Commission for guidance at no charge.
• Consider using Browse apartments for rent in Canada to look for more rental options in Newfoundland and Labrador and across the country.

Knowing your rights can help you feel more confident during the rental process. Take advantage of advocacy organizations or legal information clinics if you need guidance.

Frequently Asked Questions about Challenging Rental Denials

1. Is it legal for a landlord to reject my rental application without a reason?
   Landlords can generally select tenants of their choosing, but they cannot refuse you based on any protected ground, like disability or family status. Asking for the reason in writing can help clarify if the decision was fair.
2. What if I was denied because I receive social assistance or a disability pension?
   This is considered discrimination based on source of income or disability. File a Human Rights Complaint Form with the Newfoundland and Labrador Human Rights Commission if this occurs.
3. How long do I have to file a discrimination complaint?
   You must apply within one year of the discriminatory act. Filing as soon as possible is best.
4. Is there a fee to file a human rights complaint?
   No, there is no cost to file a complaint with the Human Rights Commission.
5. Can I get help with the application process?
   Yes, support is available from the Human Rights Commission and some local tenant advocate organizations.

Summary: What Tenants Should Remember

• Landlords cannot deny rentals for discriminatory reasons under Newfoundland and Labrador law.
• Request the reason for any denial, keep records, and use the official complaint process if needed.
• Support and resources are available to help you protect your rights during the rental process.

Need Help? Resources for Tenants

• Newfoundland and Labrador Human Rights Commission – Make a Complaint
• Residential Tenancies Division – Rental Disputes and Information
• Legal Information: Tenant Rights and Landlord Rights in Newfoundland and Labrador
• Rental search and listings: Browse apartments for rent in Canada

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)
2. Human Rights Act, 2010 (Newfoundland and Labrador)

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