Proving Discrimination in NL Rental Cases: Tenant Rights Guide
Facing discrimination as a tenant in Newfoundland and Labrador can feel overwhelming, but there are strong laws and processes to help protect your rights. Understanding what counts as discrimination, knowing what evidence you need, and learning how to file a complaint can make a big difference. This guide will help you navigate the steps to prove discrimination in rental situations in Newfoundland and Labrador, ensuring you know what to expect and where to get support.
Understanding Discrimination in Rental Housing
Discrimination occurs when a landlord treats a tenant or applicant unfairly based on protected characteristics defined in the Newfoundland and Labrador Human Rights Act, 2010[1]. These protected grounds include:
- Race, colour, or ethnic origin
- Religion or creed
- Sex, sexual orientation, gender identity or expression
- Marital or family status
- Age (except for minors)
- Physical or mental disability
- Source of income
Examples include denying a rental application because of a tenant's ethnicity, refusing to allow reasonable accessibility modifications for a disability, or evicting someone due to family status.
What Evidence Is Needed to Prove Discrimination?
To successfully prove discrimination, you must show that:
- You experienced different treatment compared to others in a similar situation
- The different treatment was based on a protected ground
- The treatment caused harm (e.g., lost housing or financial loss)
Gathering strong evidence helps your complaint. Useful evidence can include:
- Copies of rental ads or emails, especially if wording indicates exclusions
- Written communications with the landlord (texts, emails, letters)
- Notes from conversations, including dates, times, and what was said
- Witness statements from people who saw or heard the discrimination
- Photos or recordings, when taken legally
Tip: Keep all documents related to your rental application, tenancy, or complaints in a safe place. This can be crucial if you file a formal complaint.
Filing a Discrimination Complaint in Newfoundland and Labrador
Discrimination complaints are handled by the Newfoundland and Labrador Human Rights Commission (NLHRC), not the provincial Residential Tenancies Tribunal. The NLHRC investigates discrimination in housing and other areas. If you believe you have been discriminated against by a landlord or property manager, you can make a formal complaint.
Official Form: Human Rights Complaint Form
- Name: Human Rights Complaint Form
- When to use: Complete this form if you believe a landlord or property manager has discriminated against you in renting, occupying, or applying for a rental unit.
- How to use: Fill out the form with your personal details, describe what happened, include any evidence, and submit it to the NLHRC by mail, fax, or in person. Download the Human Rights Complaint Form (PDF).
Once you file, the NLHRC may contact you for more details or to support their investigation. They will also contact the landlord and attempt to resolve the issue or refer it for a formal hearing if necessary.
Other Useful Steps and Tips for Tenants
- Document every interaction with your landlord, especially after you suspect discrimination
- Ask questions in writing if a landlord denies your rental application or requests something unreasonable
- If discrimination affects your current housing, consider reviewing the Common Issues Tenants Face and How to Resolve Them for tips on handling related problems
- It's helpful to understand both your own rights and responsibilities, as explained in the Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Tenants seeking new homes may wish to Find rental homes across Canada on Houseme for additional rental options and resources.
For more details on your rights and resources available in the province, visit the Tenant Rights and Landlord Rights in Newfoundland and Labrador page.
FAQ: Discrimination and Tenant Rights in Newfoundland and Labrador
- What counts as discrimination by a landlord?
Discrimination includes unfair treatment or decisions based on your race, age, disability, family status, or other protected grounds. For example, a landlord refusing to rent to you because of your religion or declining a requested accessibility change for a disability is illegal. - Where do I file a complaint about discrimination in my rental housing?
You file with the Newfoundland and Labrador Human Rights Commission, which investigates and resolves housing discrimination cases. - What should I include as evidence in my discrimination complaint?
Include written communications, notes of conversations, witness statements, photos, and copies of rental ads. The more detail you provide, the stronger your case. - Can I still make a complaint if I no longer live at the rental?
Yes, as long as the discrimination happened within the legal time limits (usually one year from the incident), you can file a complaint even if you have moved out. - What happens after I submit my complaint?
The Human Rights Commission will review your complaint, may contact all involved parties, and will try to resolve the matter through mediation or a formal hearing if needed.
Key Takeaways for Tenants
- Discrimination in rental housing is illegal in Newfoundland and Labrador
- Gather strong, detailed evidence before filing a complaint
- Submit your complaint to the Human Rights Commission using the official form, and keep all records
Knowing the process and your rights empowers you to stand up to unfair treatment and seek a safe, accessible home.
Need Help? Resources for Tenants
- Newfoundland and Labrador Human Rights Commission (information, complaint forms, and contact details)
- Residential Tenancies Office (Newfoundland and Labrador) (guidance on landlord-tenant issues not related to discrimination)
- For advocacy and support, connect with local tenant groups or legal clinics
- Review your full rights and responsibilities at Tenant Rights and Landlord Rights in Newfoundland and Labrador
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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