Discrimination in Newfoundland and Labrador Housing: Key Case Studies

Discrimination in housing remains a serious concern for tenants in Newfoundland and Labrador. Understanding your rights and learning from recent case studies can help renters recognize unlawful practices—and know what to do if discrimination occurs. This page explains how discrimination cases are handled, highlights important decisions from the province, and outlines actions tenants can take to protect themselves.

Understanding Housing Discrimination in Newfoundland and Labrador

Housing discrimination occurs when a landlord treats a tenant or applicant unfairly based on personal characteristics protected by law. In Newfoundland and Labrador, these protections are outlined in the Human Rights Act, 2010 and the Residential Tenancies Act, 2018^[1][2]. Common grounds include race, gender, disability, family status, sexual orientation, and more.

Who Handles Discrimination Complaints?

Discrimination issues in rentals may be handled by the Residential Tenancies Office of Newfoundland and Labrador (RTO) or the Newfoundland and Labrador Human Rights Commission (NLHRC) depending on the details. Complaints about tenancy conditions may go to the RTO, while human rights violations are filed through the Commission.

Key Newfoundland and Labrador Discrimination Case Studies

Studying past cases helps tenants understand how the law is applied in real situations.

• Refusal to Rent Based on Family Status: In NLHRC v. Landlord (2019), a single parent was denied an apartment because the landlord preferred adults only. The Human Rights Commission decided this was discriminatory under the Human Rights Act and awarded compensation to the tenant.^[3]
• Denial of Accommodation for Disability: In a 2021 ruling, a tenant was denied a ground-floor unit needed for mobility reasons. The Commission confirmed the landlord must provide reasonable accommodation unless it causes undue hardship.^[4]
• Discrimination During Rental Application: The Commission has seen cases where applications were rejected based on ethnicity or national origin. If you suspect bias at any stage—from viewings to deposits—or if a landlord tries to impose different rules based on personal characteristics, this may be actionable discrimination.

These decisions show the types of actions that may be challenged, and some possible outcomes for tenants.

Recognizing Discriminatory Practices

• Denying a rental because of age, race, gender, or disability
• Setting different rental terms or conditions for protected groups
• Refusing reasonable accessibility modifications for tenants with disabilities

If you experience any of these, you may have grounds for a complaint.

Filing a Discrimination Complaint: Forms and Steps

Tenants can act by making a formal complaint. Here are the steps:

• Tenancy-Related Issues (repairs, access, eviction): Contact the Residential Tenancies Office (RTO) and consider applying using the Application for Dispute Resolution (Tenancy Form 12). For example, if you’re being evicted due to a characteristic like family status, this is your first step.
• Human Rights Discrimination: File a human rights complaint with the NLHRC using the Complaint Form. For example, if a landlord refuses to rent after learning you have children, you would use this form.

What Happens After a Complaint?

Both agencies review your complaint, may require additional information, and can offer mediation. If no agreement is reached, a hearing may be scheduled, where both sides present evidence. Possible outcomes include orders to stop discrimination, compensation, or rent adjustment.

Your Rights as a Tenant

Tenants in Newfoundland and Labrador are protected against discrimination by provincial legislation. To learn more about your full rights and responsibilities, see Tenant Rights and Landlord Rights in Newfoundland and Labrador. Understanding these can help when discussing Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

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1. What should I do if I think a landlord is discriminating against me?
   Keep written records of all communications, ask the landlord for reasons in writing, and consider filing a complaint with the Human Rights Commission or Residential Tenancies Office if you think the reason is based on a protected ground.
2. Can a landlord refuse to make accessibility changes?
   Landlords are required by law to provide reasonable accommodations unless doing so would cause them significant hardship. If denied, you may file a complaint with the Human Rights Commission.
3. Will a successful complaint get me compensation?
   Yes—if discrimination is proven, awards can include compensation for damages, apology requirements, or an order to stop the discriminatory practice.
4. If my tenancy is affected by discrimination, do I have to move out?
   Not necessarily. In many cases, you may be allowed to remain in your rental if the tribunal finds in your favour.
5. Where can I get more information about Newfoundland and Labrador tenancy law?
   Visit Tenant Rights and Landlord Rights in Newfoundland and Labrador for a comprehensive overview of laws and supports.

Conclusion and Key Takeaways

• Discrimination in housing is prohibited under provincial law—tenants have legal remedies.
• Real case decisions in Newfoundland and Labrador show that claims can result in compensation or orders to stop unfair treatment.
• Tenants should document everything and use official complaint forms to seek help.

Remember: knowing your rights and acting quickly can make a real difference. If you’re unsure where to start, contact a support service for guidance.

Need Help? Resources for Tenants

• Newfoundland and Labrador Human Rights Commission – File or discuss human rights complaints.
• Residential Tenancies Office of Newfoundland and Labrador – For tenancy-related disputes and forms.
• Tenant Rights and Landlord Rights in Newfoundland and Labrador – Full summary of province-specific tenancy rights.

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1. [1] Human Rights Act, 2010 (Newfoundland and Labrador)
2. [2] Residential Tenancies Act, 2018 (Newfoundland and Labrador)
3. [3] Source: NLHRC Published Decisions
4. [4] Source: How to File a Complaint – NLHRC

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