Discrimination and Accessibility Rights for Nova Scotia Tenants

Every renter in Nova Scotia deserves a safe, welcoming home—free from discrimination and with equal access for all. Understanding your rights under Nova Scotia law can help you stand up for yourself and ensure your rental experience is fair and accessible, whether you are searching for a new place, already renting, or facing barriers from your landlord.

What is Discrimination in Nova Scotia Rentals?

Discrimination happens when a landlord treats a tenant or potential tenant unfairly because of personal characteristics that are protected by law. In Nova Scotia, the Nova Scotia Human Rights Act and the Residential Tenancies Act^[1] protect tenants from discrimination based on:

• Race, colour, or ethnic background
• Religion or creed
• Age
• Sex, gender identity/expression, sexual orientation
• Marital or family status
• Physical or mental disability
• Source of income (including government assistance)

This means landlords cannot refuse you tenancy, evict you, or treat you differently because of these factors. Discriminatory ads, screening policies, or rules are also against the law.

Accessibility: The Right to Barrier-Free Housing

All tenants have the right to accessible housing. If you have a disability, you may need certain accommodations, like ramps, grab bars, or permission for a service animal. Under the Human Rights Act, landlords must accommodate tenants with disabilities up to the point of "undue hardship." This includes making reasonable changes to policies or physical structures, unless the change would cause major financial or safety issues.

It's important to communicate your needs to your landlord in writing. In many cases, it's helpful to use forms or written requests so your accommodation needs are clear.

Examples of Reasonable Accommodations

• Allowing a support person or service animal, even in a "no pets" building
• Installing visual fire alarms for a deaf tenant
• Permitting a tenant to transfer to a ground-floor unit if mobility becomes limited

For an even broader overview of tenant rights, visit Tenant Rights and Landlord Rights in Nova Scotia.

Filing a Discrimination or Accessibility Complaint

If you believe you have been discriminated against or denied an accessible rental, you have several options:

• Apply to the Nova Scotia Residential Tenancies Program to resolve tenancy disputes related to rental practices.
• File a complaint with the Nova Scotia Human Rights Commission if your issue involves human rights or the need for accessibility accommodations.

Relevant Forms for Nova Scotia Tenants

• Form K: Application to Director (Residential Tenancies) – Used to formally start a dispute resolution process, such as when a landlord fails to accommodate or you believe your rights have been violated.
  Official Nova Scotia Tenancy Forms
  For example: If your landlord denies your request to install a ramp, you can use Form K to request a hearing before a Residential Tenancies Officer.
• Human Rights Complaint Form – Submit to the Nova Scotia Human Rights Commission if you are denied housing or reasonable accommodation because of a protected characteristic.
  Example: If a landlord rejects your rental application because of your religion or disability, this is how you formally start a complaint.

Landlord and Tenant Responsibilities

Both tenants and landlords share obligations to create an inclusive, safe housing environment. Landlords must avoid discriminatory behaviour and respond to accommodation requests promptly and in good faith. Tenants must provide information about their accommodation needs and cooperate in the process.

For a deeper understanding of shared legal duties, explore Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Tip: Keep records of all requests for accommodations or complaints, including emails and letters, to support your claim if you need to take further steps.

What to Expect After a Complaint

Depending on where you file, the process may include mediation, investigation, and a possible hearing. The Residential Tenancies Program handles most issues with rental agreements, while the Nova Scotia Human Rights Commission addresses complaints under the Human Rights Act. Both bodies aim for a fair resolution.

If repairs or maintenance also affect your health or accessibility, learning about Health and Safety Issues Every Tenant Should Know When Renting may be helpful.

For those looking for rental units, Affordable homes for rent in Canada can help you explore accessible options nationwide.

Frequently Asked Questions (FAQ)

1. Can a landlord ask about my disability or need for accommodation?
   Landlords can ask if you need accommodations for accessibility, but they cannot require details about your specific disability or refuse you housing because of it.
2. What should I do if my landlord refuses a reasonable accessibility modification?
   Put your request in writing. If it's still declined, you can apply to the Residential Tenancies Program using Form K or file a human rights complaint.
3. Is it legal for landlords to advertise “adults only” or “no children” in Nova Scotia?
   No, this is discrimination based on age or family status, and is prohibited by both the Human Rights Act and Residential Tenancies Act.
4. Who enforces tenant rights around discrimination and accessibility?
   The Residential Tenancies Program and the Nova Scotia Human Rights Commission each handle these issues. Which one applies depends on the situation.

How To: Address Discrimination or Request Accessibility in Nova Scotia Rentals

1. How do I make a request for a disability-related accommodation to my landlord?
   Write a clearly worded letter or email explaining what you need and why. Be specific about the accommodation and give your landlord time to respond.
2. How can I file a discrimination complaint with the Human Rights Commission?
   Fill out the Human Rights Complaint Form found on their website and submit it by email or mail. Be as detailed as possible about the incident and include any supporting documentation.
3. How do I start a formal tenancy dispute?
   Complete Form K – Application to Director, available from Service Nova Scotia, and submit it with any required evidence regarding your discrimination or accessibility concern.

Key Takeaways

• You are protected from discrimination based on personal characteristics and have a right to reasonable accessibility accommodations in your rental.
• Landlords are legally required to cooperate with accessibility requests unless it causes significant hardship.
• There are formal, government-supported processes (including forms and tribunals) to help resolve these issues if you cannot work it out directly with your landlord.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancies Program – Handles most tenancy disputes
• Nova Scotia Human Rights Commission – Help for discrimination and accessibility issues
• Legal Information Society of Nova Scotia – Free legal information and tenant supports

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1. Residential Tenancies Act (Nova Scotia)
2. Nova Scotia Human Rights Act
3. Nova Scotia Residential Tenancies Forms
4. Nova Scotia Human Rights Complaint Process

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