Legal Support for Rental Discrimination in Newfoundland & Labrador

Facing discrimination or accessibility barriers can make renting a home in Newfoundland and Labrador challenging. As a tenant, you have rights under both provincial tenancy law and human rights legislation. This guide explains how to get legal support, what steps to take if you experience discrimination, and where to find official resources and forms in Newfoundland and Labrador.

Understanding Discrimination and Accessibility Issues

Discrimination means being treated unfairly because of personal characteristics protected by law, such as race, disability, gender, family status, or age. Accessibility problems occur when a rental unit or building lacks features or modifications needed for people with disabilities.

• Common discrimination examples: Refusing to rent to someone with children, declining an application due to ethnicity, or setting different rental terms based on religion or gender.
• Accessibility issues: Not allowing a tenant to install a ramp, denying reasonable modifications, or failing to accommodate service animals.

To learn more about your general rights and responsibilities as a tenant in the province, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Which Laws Protect Tenants Against Discrimination?

Tenants in Newfoundland and Labrador are protected under two pieces of legislation:

• The Residential Tenancies Act (RTA) sets out rights and responsibilities for both landlords and tenants^[1].
• The Human Rights Act, 2010 prohibits discrimination in housing^[2].

The Residential Tenancies Office (RTO) handles disputes between tenants and landlords, while the Newfoundland and Labrador Human Rights Commission addresses discrimination and accessibility complaints.

Steps to Take If You Experience Discrimination or Need Accommodation

If you believe you have been discriminated against or denied reasonable accessibility, take these steps:

• Document everything: Keep emails, notes, or messages showing what happened. Record relevant dates and conversations.
• Request accommodations in writing: Politely inform your landlord of your needs (for example, requesting a grab bar or service animal accommodation).
• Contact the landlord or property manager: Try to resolve the issue directly if you feel comfortable.
• File a complaint: If the situation is not resolved, formal complaints can be submitted.

Where to File a Complaint

• For discrimination or accessibility issues: File with the Human Rights Commission.
• For tenancy problems (e.g., eviction due to discrimination): Apply to the Residential Tenancies Office.

Depending on your case, both bodies may need to become involved.

Official Forms and How to Use Them

• RTO Application for Dispute Resolution (Form 12):
  Use this form if you wish to resolve a landlord-tenant matter, such as an eviction you believe is based on discrimination.
  Download Form 12
  Example: If your lease is terminated after you request a wheelchair ramp, you can file a dispute by submitting this form to the Residential Tenancies Office.
• Human Rights Complaint Form:
  Submit this form if you face discrimination due to your race, family status, disability, or other grounds under the Human Rights Act, 2010.
  Access the online Complaint Form here
  Example: Use this form if you are refused a rental based on your ethnic background.

Where to Get Legal Support

• Legal Aid Newfoundland & Labrador: Offers free or low-cost legal advice to eligible tenants. Learn more
• Public Legal Information Association of NL (PLIAN): Provides information and support for tenants. Visit PLIAN

Connecting with tenant advocacy organizations can help you prepare your case and understand the legal process.

Your Responsibilities and Next Steps

Tenants also have obligations (like paying rent and protecting the property) while pursuing a discrimination or accessibility claim. Learn more in the Obligations of Landlords and Tenants: Rights and Responsibilities Explained guide.

You can Browse apartments for rent in Canada or find homes that suit your needs if your current landlord refuses to accommodate you.

FAQ

1. What is considered discrimination in rental housing?
   Discrimination includes refusal to rent, unfair treatment, or different conditions based on race, disability, religion, gender, family status, or similar protected grounds under the Human Rights Act, 2010.
2. How do I file a human rights complaint for housing discrimination?
   File a complaint with the Newfoundland and Labrador Human Rights Commission using their online form, including details and any relevant documentation.
3. What should I do if my landlord refuses a reasonable accessibility request?
   Document your request and the response, try to resolve it directly, and if unsuccessful, file a complaint with the Human Rights Commission or, for tenancy matters, the Residential Tenancies Office.
4. Can a landlord evict me for asking for accommodation?
   No. Landlords cannot evict tenants for requesting lawful accommodations related to a disability or other protected ground. Such actions may be considered discriminatory and illegal.
5. Where can I get legal support as a tenant?
   You may contact Legal Aid NL or the Public Legal Information Association of NL for free or low-cost legal guidance.

How To

1. How to file a complaint about discrimination or accessibility barriers:
   Gather evidence, fill out the appropriate form (either with the Human Rights Commission or the RTO), submit it online or by mail, and keep a copy for your records.
2. How to document a discrimination incident:
   Write down all relevant details (who, what, when, where), save any emails or texts, and note any witnesses.
3. How to request an accommodation from your landlord:
   Send a written request explaining your need, reason, and how the accommodation would help. Include medical proof if necessary.
4. How to respond if your landlord rejects your request:
   Ask for the reason in writing, consider mediation, and prepare to file an official complaint if unresolved.

Key Takeaways

• Tenants in Newfoundland and Labrador have legal protection from discrimination and can request accessibility accommodations.
• Document every step taken, and keep copies of written correspondence and forms.
• Several resources exist to support tenants, including Legal Aid and the Human Rights Commission.

Need Help? Resources for Tenants

• Residential Tenancies Office (RTO): Contact for tenancy disputes
• NL Human Rights Commission: File discrimination complaints
• Legal Aid NL: Access low-cost legal support
• PLIAN: Legal information and tenant resources

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1. Residential Tenancies Act (NL)
2. Human Rights Act, 2010 (NL)
3. Residential Tenancies Office
4. NL Human Rights Commission Complaints

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