Challenging an Unfair Rental Denial in Nova Scotia: A Tenant’s Guide

If you’ve been turned down for a rental unit in Nova Scotia and believe the denial was unfair or discriminatory, you have important rights under local tenancy law. This article explains how Nova Scotia tenants can identify discrimination, what steps to take to challenge an unfair denial, and where to get help. Understanding the process and your options can significantly improve your chances of a fair outcome.

When Is a Rental Denial Considered Unfair or Discriminatory?

Nova Scotia landlords have the right to select tenants based on reasonable criteria such as good credit, references, or ability to pay rent. However, discrimination is not allowed. The Nova Scotia Human Rights Act doesn’t permit landlords to refuse rental based on factors like:

• Race, colour, ethnic or national origin
• Religion or creed
• Sex, sexual orientation, gender identity or expression
• Age
• Family status (for example, having children)
• Disability or source of income

If a landlord’s decision was based on any of these protected grounds, it may be discriminatory. Examples include denying a family with children, refusing tenants who receive social assistance, or declining based solely on disability.

Your Rights Under Nova Scotia Tenancy Law

Tenant rights in the province are defined by the Nova Scotia Residential Tenancies Act and the Nova Scotia Human Rights Act^1,2. You also have protections explained on the Tenant Rights and Landlord Rights in Nova Scotia page.

The dispute resolution process for rental issues, including unfair denials, is managed by the Nova Scotia Residential Tenancies Program. Complaints specifically about discrimination are handled by the Nova Scotia Human Rights Commission.

Steps to Take If You’ve Been Unfairly Denied a Rental in Nova Scotia

If you believe discrimination or unfairness played a role, act promptly. Here is a step-by-step guide to protect your rights:

1. Gather Documentation

• Keep your rental application and any communication (emails, texts, voicemails) with the landlord.
• Request the specific reason for your denial in writing, if possible.
• Write down details about the situation—what was said, when, and by whom.

2. Consider Alternative Explanations

• If the landlord cites poor credit, lack of references, or another legal reason, ask for proof or clarification.
• Make sure you’ve met the standard rental requirements, such as providing income verification.

3. File a Complaint with the Human Rights Commission

If discrimination is involved, you can file a formal complaint with the Nova Scotia Human Rights Commission. This process is free, and staff can help guide you. The main form you need:

• Human Rights Complaint Form: Use this official form to initiate an investigation. Download it directly from the Nova Scotia Human Rights Commission. You’ll need to explain what happened, include your documentation, and submit it by mail, fax, or email.

The Commission will review your claim and may contact you for more details. If the complaint is accepted, they will notify the landlord and begin mediation or investigation.

4. Explore Other Tenant Remedies

Although the primary process for discrimination is through the Human Rights Commission, if you believe the landlord’s refusal involved a broader tenancy law issue, you may also contact the Residential Tenancies Program. For common rental problems that occur after moving in, visit Common Issues Tenants Face and How to Resolve Them.

5. Seek Support & Advocacy

• Legal clinics or tenant advocacy groups (such as Dalhousie Legal Aid in Halifax) can offer advice and representation.
• If in doubt, get guidance before signing any documents.
• For advice about deposits and your rights before move-in, see Understanding Rental Deposits: What Tenants Need to Know.

Important Forms & Where to Find Them

• Human Rights Complaint Form: File if you believe discrimination occurred. Available on the NS Human Rights Commission website.
• Application for Dispute Resolution: For broader tenancy disputes, contact the Residential Tenancies Program for forms and instructions.

Always double-check form details to ensure you have the latest version.

Helpful Tenant Tips

• File your complaint as soon as possible—delays can limit your options.
• Be specific about the kind of discrimination or unfairness you experienced.
• If you’re unsure what constitutes discrimination, contact the Human Rights Commission directly for confidential advice.

For more information about tenant protections and resources, you can also Browse apartments for rent in Canada to compare your options and stay informed about current rental standards.

Frequently Asked Questions

1. What counts as discrimination when applying for a rental in Nova Scotia?
   Landlords cannot deny applicants based on race, religion, age, disability, sexual orientation, family status, or source of income.
2. How do I prove that my rental denial was discriminatory?
   Save all written communications, document statements made by the landlord, and collect any evidence that protected grounds were mentioned as a reason.
3. Where can I file a complaint about rental discrimination in Nova Scotia?
   The Nova Scotia Human Rights Commission handles these complaints.
4. Are there deadlines for filing a discrimination complaint?
   Yes. Typically, you must file within one year of the incident, but sooner is better.
5. Do I need a lawyer to file a complaint?
   No. You can file on your own, but legal clinics and advocacy groups can help clarify your options.

Key Takeaways for Nova Scotia Tenants

• If you’re denied a rental, ask for an explanation and document everything.
• Discrimination based on protected grounds is illegal—report it to the Nova Scotia Human Rights Commission.
• Multiple support options exist: know your rights and get help if needed.

Remember, more details on tenant protections are always available via Tenant Rights and Landlord Rights in Nova Scotia.

Need Help? Resources for Tenants

• Nova Scotia Human Rights Commission: (902) 424-4111, for discrimination complaints and advice
• Nova Scotia Residential Tenancies Program: 1-800-670-4357, for rental disputes or tenancy law questions
• Dalhousie Legal Aid Service: Supporting low-income tenants in Nova Scotia

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1. Nova Scotia Human Rights Act: Full text of the Nova Scotia Human Rights Act
2. Nova Scotia Residential Tenancies Act: Nova Scotia Residential Tenancies Act

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