Tenant Rights: Mental Health Discrimination Protection in NWT

Every renter in Northwest Territories deserves fair treatment—regardless of mental health status. Discrimination based on mental illness is prohibited under territory and federal law. This article will help you understand your rights as a tenant with mental illness, the legal protections in place, how to respond if you experience discrimination, and where to find help. For detailed information on all rental rights, see Tenant Rights and Landlord Rights in Northwest Territories.

What Legal Protections Exist for Tenants with Mental Illness?

In the Northwest Territories, tenants with mental health conditions are protected from discrimination in housing under:

• The Northwest Territories Human Rights Act (NWT HRA)¹
• The Residential Tenancies Act (RTA)²

Both laws prohibit landlords from refusing to rent to you, evicting you, or treating you unfairly simply because you have— or are perceived to have— a mental health condition.

What Counts as Discrimination?

Discrimination can take many forms. Here are some examples relating to mental health:

• A landlord refuses to rent to you after learning about your mental health history.
• Your landlord gives you an eviction notice because of behaviour related to a documented mental illness, without offering reasonable accommodations.
• Denying reasonable changes to policies or practices (like flexible rent payment dates) that would allow you full use and enjoyment of your rental.

You are entitled to "reasonable accommodation", meaning the landlord must make practical changes (unless it results in undue hardship).

Your Right to Reasonable Accommodation

Under the NWT Human Rights Act, landlords must accommodate a tenant’s documented mental illness, as long as it does not cause undue financial or health risk. Examples of accommodations include:

• Allowing a support worker to visit your rental
• Permitting a service animal, even in a "no pets" building
• Changing communication methods if needed

To request accommodation, you may need to provide documentation, such as a doctor’s letter, and outline what support is needed. See our page Common Issues Tenants Face and How to Resolve Them for general info on managing challenges with your landlord.

What to Do If You Face Discrimination

If you believe you have been discriminated against because of your mental health status, you have several options for action:

1. Document everything: Keep records of discriminatory comments, emails, or notices.
2. Try to resolve the issue with your landlord: Communication can often solve issues early. Consider putting your concerns in writing. For advice on managing these discussions, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
3. File a Human Rights Complaint: If direct communication does not resolve the problem, you can file a formal complaint with the Northwest Territories Human Rights Commission (NWT HRC). They provide a clear complaint form and instructions. You should file your complaint within 2 years of the discriminatory event.
4. Apply to the Rental Officer: If you believe your rights as a tenant under the Residential Tenancies Act have been violated (such as wrongful eviction), you can apply to the NWT Rental Office. This office is the tribunal for rental disputes.

Summary: Tenants are encouraged to maintain documentation, explore informal solutions where possible, and make official complaints if discrimination persists.

Official Forms and Where to Find Them

• Human Rights Complaint Form: Used to file a discrimination claim with the NWT Human Rights Commission. Download Official Form (PDF)
• Application to Rental Officer: Used to start a dispute about tenancy rights under the Residential Tenancies Act. Download Application Form (PDF)

Example: If your landlord refuses to allow a support worker to enter your unit, document the refusal and supporting medical information. Next, file a complaint with the NWT Human Rights Commission using their official form, or if your tenancy is threatened, file an Application with the Rental Officer.

How These Protections Apply in Practice

Although the law clearly protects tenants with mental illnesses, enforcement relies on tenants understanding and asserting their rights. Support and advocacy groups can help prepare documentation or offer advice. Remember, you are not alone—community legal clinics and the NWT Human Rights Commission are resources for you.

For anyone in Canada seeking housing, remember to Explore Houseme for nationwide rental listings—including accessible and pet-friendly options.

FAQs: Tenants with Mental Health Conditions

1. Can my landlord evict me because I have a mental illness?
   No. Landlords cannot evict you based on mental health status. They must follow legal procedures and provide valid grounds, never discrimination.
2. How do I request accommodation for my mental illness?
   Put your request in writing, include relevant medical documentation, and state clearly what changes or support you are seeking.
3. If my landlord ignores my request, what are my options?
   Keep a copy of your written request, and if no reasonable solution is offered, file a complaint with the NWT Human Rights Commission or seek help from the Rental Office.
4. Where can I get advice specific to rentals in the Northwest Territories?
   Start with Tenant Rights and Landlord Rights in Northwest Territories for local laws and supports.

Conclusion: Key Takeaways for Tenants

• Discrimination based on mental health is illegal in the Northwest Territories.
• Landlords must reasonably accommodate tenants with mental illness.
• Tenants have clear steps to take: document issues, communicate, and file official complaints if needed.

Being informed and proactive is your best protection against discrimination as a tenant.

Need Help? Resources for Tenants

• NWT Rental Office: For tenancy disputes and RTA applications
• NWT Human Rights Commission: For advice and human rights complaints
• NWT Rental Help and Tenant Programs: For guidance on rights and supports
• Mental Health Support: Contact NWT Health and Social Services, or the NWT Help Line at 1-800-661-0844

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1. NWT Human Rights Act, S.N.W.T. 2002, c. 18: Read the Human Rights Act
2. Residential Tenancies Act, S.N.W.T. 2008, c. 10: Read the Residential Tenancies Act
3. NWT Rental Office: Access Rental Officer information and forms

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