Legal Support for Discrimination & Accessibility in Nova Scotia

Dealing with discrimination or accessibility issues in your Nova Scotia rental can feel overwhelming, but you have important rights and options for support. Whether you’re encountering barriers due to a disability, a protected characteristic, or need reasonable accommodations from your landlord, this guide explains what steps to take and where to turn for help in Nova Scotia.

Discrimination and Accessibility in Nova Scotia Tenancies

Discrimination in housing is prohibited under the Nova Scotia Human Rights Act. The law protects tenants from unfair treatment based on race, religion, age, gender, sexual orientation, disability, family status, and other protected grounds. Accessibility is also a key right under both the Human Rights Act and the Accessibility Act ^[1].

Examples of Discrimination or Accessibility Barriers

• Being denied a rental because of disability or family status
• Refusal by a landlord to provide reasonable modifications (e.g., ramps, visual alarms)
• Receiving notices or rules targeting a protected group
• Obstacles in common areas or building features that limit access

Landlords and tenants both have Obligations of Landlords and Tenants: Rights and Responsibilities Explained to ensure housing is fair and accessible for all. If you experience these issues, knowing your legal remedies is crucial.

Who Handles Tenant Discrimination and Accessibility Disputes?

In Nova Scotia, two main agencies deal with these matters:

• Residential Tenancy Program (Residential Tenancies Section, NS Access Nova Scotia): Handles general landlord-tenant disputes and enforces the Residential Tenancies Act ^[2].
• Nova Scotia Human Rights Commission (NSHRC): Handles discrimination and accessibility complaints under the Human Rights Act.

If your issue involves discrimination (e.g., being refused housing, eviction, or lack of accessibility), you typically file a complaint with the NSHRC. For other tenancy issues like repairs or rent, use the Residential Tenancy Program.

How to Get Legal Support for Discrimination or Accessibility Disputes

There are practical steps and official forms for Nova Scotia tenants facing discrimination or accessibility barriers.

Step 1: Document Everything

• Keep records of communication with your landlord (emails, letters, texts)
• Photograph/witness issues related to accessibility barriers
• Note dates, descriptions, and details of every incident

Step 2: Address the Issue with Your Landlord

• Clearly explain your concern and request the needed accommodation or change
• Put your request in writing for your records

Step 3: File a Formal Complaint

• If unresolved, file a complaint with the Nova Scotia Human Rights Commission (NSHRC)
• For tenancy-only disputes (not covered by human rights), apply to the Residential Tenancy Program

Official Forms for Tenants

• NSHRC Intake Questionnaire: The online or printable form to begin a discrimination or accessibility complaint. See the up-to-date instructions and access the form here: NSHRC File a Complaint.
  Example: If your landlord refuses to permit a wheelchair ramp install, use this form to begin your complaint.
• Residential Tenancies Form J: Application to Director: For tenancy disputes not involving human rights (e.g., disputes about repairs, notice, deposit). Get the form here: Form J (PDF).
  Example: If your landlord won’t fix a broken elevator impacting accessibility, you may use this form as well as a human rights complaint.

Legal Protections for Nova Scotia Tenants

The Nova Scotia Human Rights Act and Residential Tenancies Act are the key pieces of legislation protecting you from discrimination and ensuring accessibility in rental housing. Landlords must also make "reasonable accommodations" for tenants with disabilities, unless it creates undue hardship.

For a complete overview of rights and responsibilities, visit Tenant Rights and Landlord Rights in Nova Scotia.

When to Get Additional Support

Sometimes, legal processes can feel complex or intimidating. Free or low-cost legal clinics, tenant organizations, and advocacy groups are available throughout Nova Scotia and can help you prepare, represent you, or clarify your rights. You can also Find rental homes across Canada on Houseme if you are searching for accessible or discrimination-free housing options in the future.

FAQ

1. What kinds of housing discrimination are illegal in Nova Scotia?
   Housing discrimination based on race, religion, gender, disability, age, family status, sexual orientation, and other protected grounds under the Nova Scotia Human Rights Act is illegal. This covers rental refusals, harassment, and denial of reasonable accessibility accommodations.
2. Can a landlord refuse to make my unit accessible?
   Landlords must make reasonable accommodations for tenants with disabilities, unless doing so would cause serious hardship or safety issues. You can request modifications, and denial can be challenged via the Human Rights Commission.
3. How do I file a human rights complaint against my landlord?
   Complete the NSHRC Intake Questionnaire and submit it through the Nova Scotia Human Rights Commission website or by mail. Include as much detail and documentation as possible.
4. Will complaining affect my tenancy?
   It is illegal for landlords to retaliate against tenants for asserting their rights. If you believe you’re experiencing retaliation, contact both the Tenancy Program and the Human Rights Commission.
5. What if I am not sure if it’s discrimination?
   If you are unsure, contact a tenant support organization or the NS Human Rights Commission for confidential information before making a formal complaint.

How To Take Action on Discrimination or Accessibility Barriers

1. How to file a discrimination or accessibility complaint in Nova Scotia:
   Gather evidence, complete the NSHRC Intake Questionnaire, and submit it online or by mail with details and supporting documents.
2. How to request an accessibility modification from your landlord:
   That starts with written communication stating your situation, needed changes, and any medical documentation, followed by allowing them reasonable time to respond.
3. How to apply to the Residential Tenancy Program for accessibility repairs:
   If it’s a repair or maintenance issue, complete Form J and file it with Access Nova Scotia. Attend any scheduled hearings to explain your case.
4. How to get free legal help in Nova Scotia:
   Contact Dalhousie Legal Aid Service, local tenant associations, or community legal clinics for advice and representation.

Key Takeaways

• Nova Scotia tenant law protects against discrimination and enshrines accessibility rights
• You can file complaints using official forms with the Human Rights Commission and Residential Tenancy Program
• Documenting your situation and seeking support improves your chances of a fair result

Need Help? Resources for Tenants

• Nova Scotia Human Rights Commission (for discrimination/accessibility complaints): 1-877-269-7699
• Residential Tenancy Program (for tenancy disputes): 1-800-670-4357
• Dalhousie Legal Aid Service: Free tenant legal help in HRM
• Local tenant advocacy groups and community legal clinics
• For a full guide to rights: Tenant Rights and Landlord Rights in Nova Scotia

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1. [1] Nova Scotia Human Rights Act: Full Act (PDF)
2. [2] Nova Scotia Residential Tenancies Act: Full Act (PDF)

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