Discrimination and Accessibility Rights for Newfoundland Tenants

Moving into a new rental home in Newfoundland and Labrador should be a positive experience. However, it’s essential for tenants to understand their rights when it comes to discrimination and accessibility. The provincial law ensures fair treatment, protects you from being treated unfairly based on who you are, and requires landlords to accommodate disabilities whenever reasonable. This guide explains what discrimination is, your rights, and practical steps if you face a problem in your rental housing in Newfoundland and Labrador.

What Counts as Discrimination in Rental Housing?

Discrimination means treating someone differently or unfairly because of who they are. In Newfoundland and Labrador, the Human Rights Act, 2010 protects tenants from discrimination based on:

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

Landlords cannot refuse to rent, evict, or treat you unfairly because you fall into any of these groups. For example, a landlord cannot deny you an apartment simply because you have children, use a wheelchair, or receive income support.

Accessibility and the Duty to Accommodate

Everyone deserves to feel at home in their rental. If you have a disability, your landlord usually must make reasonable efforts to meet your needs. This could mean allowing a service animal, installing a ramp, or providing accessible parking if it does not cause undue hardship. The landlord can only refuse if it is too difficult or expensive to provide the accommodation.

What Is "Undue Hardship"?

Landlords are allowed to refuse an accommodation only if it is extremely difficult or costly (“undue hardship”). This is a high standard, and most minor changes or policy adjustments will not count as hardship. Each case will depend on the situation.

Your Rights and Responsibilities as a Tenant

As a tenant, you have the right to equal treatment and accessibility, but you are also expected to:

• Inform the landlord about your needs and provide information if requested (like proof you need a service animal)
• Cooperate in finding reasonable solutions
• Maintain respect for other residents and the property rules (as long as they are not discriminatory)

Being familiar with your rights can help prevent misunderstandings. For a full overview of provincial rules, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

For more on tenant and landlord responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What To Do If You Experience Discrimination or Accessibility Issues

If you believe you’ve been discriminated against by your landlord or have not received a reasonable accommodation, take the following steps:

• Document everything: Keep written records, emails, and notes of what happened.
• Communicate with your landlord: Try to solve the problem informally first. Many issues are resolved through respectful conversations.
• File a complaint: If you cannot resolve the problem, you can file a discrimination complaint with the Newfoundland and Labrador Human Rights Commission.
• Apply for a hearing: If discrimination leads to eviction or another tenancy dispute, you may apply to the Residential Tenancies Section for a hearing. The official tribunal in Newfoundland and Labrador is the Residential Tenancies Section of Service NL.

Relevant Official Forms for Tenants

• Application for Investigation (Human Rights Complaint): If you want to report discrimination, use the Human Rights Commission’s complaint form. For example, if your landlord refuses to install a ramp for your wheelchair, you would fill out this form online or submit a paper copy, explaining what happened and providing evidence.
• Application for Hearing (Tenancy Dispute): The Residential Tenancies Application for Hearing is used if you need to resolve tenancy issues, such as a wrongful eviction after requesting an accommodation. Complete the form, specify the issue (e.g., discrimination or retaliatory eviction), and file it with the Residential Tenancies Section.

Make sure to submit any relevant written communication or evidence to support your complaint or application.

More Tenant Resources

Many new tenants worry about deposits, rent payments, and repairs alongside discrimination concerns. For help with common challenges, see Common Issues Tenants Face and How to Resolve Them.

For those searching for a new, accessible home that fits your needs, Find rental homes across Canada on Houseme for a wide variety of options.

FAQ

1. What categories are protected against discrimination in Newfoundland and Labrador rentals?
   Protected categories include race, religion, age, sex, sexual orientation, disability, family status, source of income, and more under the Human Rights Act, 2010.
2. Can a landlord refuse to rent to me because I use social assistance?
   No, source of income is a protected ground. Landlords cannot refuse to rent to someone solely because they receive social assistance.
3. How do I request an accessibility accommodation from my landlord?
   Make your request in writing, clearly state your needs, and provide supporting documentation if required. Keep copies of all communication.
4. What should I do if my landlord refuses to accommodate my disability?
   If a landlord refuses a reasonable accommodation, try to resolve it formally. If needed, file a complaint with the Human Rights Commission or apply for a tenancy hearing.
5. Who handles complaints about rental discrimination in Newfoundland and Labrador?
   The Newfoundland and Labrador Human Rights Commission handles discrimination complaints, while the Residential Tenancies Section handles disputes about tenancies.

How To Address Discrimination or Accessibility Problems

1. How do I file a discrimination complaint?
   Fill out the Human Rights Commission’s complaint form, provide all evidence, and submit it as instructed on the official website.
2. How can I apply for a tenancy hearing if I have been wrongfully evicted?
   Download and complete the Residential Tenancies Application for Hearing, attach your supporting documents, and file it with the Residential Tenancies Section.
3. How do I ask my landlord for disability-related changes?
   Write a letter to your landlord describing what accommodation you need, why it is needed, and provide any necessary documentation.

Key Takeaways

• Newfoundland and Labrador tenants are protected from discrimination and can request reasonable accommodations for disabilities.
• If you experience discrimination, document everything and use official forms to file a complaint or respond to tenancy issues.
• Know your rights and available resources to ensure a safe, accessible rental experience.

Need Help? Resources for Tenants

• Residential Tenancies Section (Service NL): Tenancy dispute resolution, information, and official forms
• Newfoundland and Labrador Human Rights Commission: File discrimination complaints and get support
• Residential Tenancies Application for Hearing
• Human Rights Complaint Form (NL Human Rights Commission)
• Tenant Rights and Landlord Rights in Newfoundland and Labrador: Summary of rights and responsibilities

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1. Newfoundland and Labrador Human Rights Act, 2010
2. Newfoundland and Labrador Residential Tenancies Act
3. Newfoundland and Labrador Human Rights Commission

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