Nova Scotia Tenant Rights: Discrimination and Accessibility Explained

If you're renting in Nova Scotia, understanding your legal rights around discrimination and accessibility is crucial. Under current provincial laws and the Canadian Human Rights Act, tenants are entitled to rent without facing unfair treatment due to disability, family status, age, race, gender, or other protected grounds. This article breaks down your rights, how to access accommodations, and what steps you can take if you face discrimination.

What Counts as Discrimination in Nova Scotia Rentals?

In Nova Scotia, it's illegal for landlords to refuse to rent, renew a lease, or treat a tenant unfairly based on characteristics such as:

• Physical or mental disability
• Race, colour, or national origin
• Sex, sexual orientation, gender identity or expression
• Religion or creed
• Age or family/marital status
• Source of income (including income assistance or pension)

Landlords cannot ask for information that could lead to discrimination. If you believe you've been denied housing or treated differently for any of these reasons, you may have legal grounds to take action under the Nova Scotia Human Rights Act^[1].

Understanding Reasonable Accommodation

"Reasonable accommodation" means landlords must take steps—within reason—to ensure tenants with disabilities have equal opportunities to enjoy their home. Examples include:

• Allowing guide or service animals, even in no-pet buildings
• Permitting modifications like ramps or grab bars (with restoration after move-out, as agreed)
• Providing alternate communication methods for hearing- or vision-impaired tenants

Landlords can only deny requests if meeting them would cause "undue hardship" (such as excessive cost or health and safety risks) and must be able to prove this.

Your Accessibility Rights as a Tenant

The right to accessible housing is enshrined in Nova Scotia law. Tenants with disabilities can request changes that allow them to access or fully use their living space. You may need to submit requests in writing and provide medical information to support your need for accommodation (but not your full diagnosis).

If your landlord is not making necessary repairs to maintain a safe and accessible home, you can learn more about your options in Health and Safety Issues Every Tenant Should Know When Renting.

Which Tribunal Handles Tenant Rights in Nova Scotia?

The Residential Tenancies Program (a part of Service Nova Scotia and Internal Services) is responsible for resolving disputes between tenants and landlords, including those involving discrimination and accessibility.

Relevant Forms for Nova Scotia Tenants

• Form I – Application to Director: Use this form to request formal dispute resolution (including issues of discrimination or denied accommodation). For example, if your landlord refuses your service animal, complete Form I and submit it to the Residential Tenancies Program.^[2]
• Human Rights Complaint Form: If your issue is discrimination (for example, being denied a rental because of a disability), you can file a complaint with the Nova Scotia Human Rights Commission using their online intake form.^[3]

Always keep a copy of your forms, correspondence, and supporting documentation (such as letters from doctors or advocacy groups).

Taking Action if You Face Discrimination

1. Document the incident with dates, times, and any witnesses.
2. Write to your landlord, explaining your request and referencing your rights under the Human Rights Act and Residential Tenancies Act.
3. If unresolved, file Form I with the Residential Tenancies Program or a complaint with the Human Rights Commission.

Provincial Laws That Protect You

Your main protections are found in the Residential Tenancies Act (Nova Scotia)^[4] and the Human Rights Act (Nova Scotia)^[1]. These require landlords to treat all tenants equally and provide reasonable accommodation for disabilities. Learn more about broad tenant rights at Tenant Rights and Landlord Rights in Nova Scotia.

Further Help for Tenants

It can be stressful to face discrimination or struggle to get needed accommodations. Remember, you have the right to a fair and accessible home. For more information on available properties, Find rental homes across Canada on Houseme and ensure you're informed before your next move.

FAQ: Tenant Rights, Discrimination, and Accessibility

1. Can my landlord refuse me because I have a service animal?
   No. In Nova Scotia, service animals must be permitted, and a "no pets" policy cannot override your right to reasonable accommodation for a disability.
2. What do I do if my landlord won't make my unit accessible?
   First, put your request in writing. If your landlord does not cooperate, file Form I with the Residential Tenancies Program or a complaint with the Human Rights Commission.
3. Does my landlord have to make every change I request?
   Landlords must provide accommodation unless it would cause them undue hardship, which could include extensive cost or health and safety issues. They must show proof if denying your request.
4. Where can I get support if my complaint is dismissed?
   You can appeal decisions through the Residential Tenancies Program or consult tenant support organizations listed below.
5. Is it legal for a landlord to ask about my source of income?
   No. Landlords cannot discriminate based on source of income, including government assistance, pensions, or disability payments.

How To: Filing a Discrimination or Accessibility Complaint in Nova Scotia

1. How do I request an accommodation for a disability?
   Inform your landlord in writing of the needed change and provide supporting reasons or documentation. Be clear and specific in your request.
2. How do I file Form I with Residential Tenancies?
   Download the form, fill it out with details of your case, and submit it online, by mail, or in person to the nearest Residential Tenancies office.
3. How do I submit a complaint to the Nova Scotia Human Rights Commission?
   Complete the commission's online intake form and provide all evidence related to your discrimination claim.
4. What should I include with my complaint?
   Attach supporting documents such as emails, letters, photos, and doctor's notes to help your case.
5. What are the time limits for filing?
   Generally, you must file discrimination complaints within 12 months of the last incident. Act quickly to protect your rights.

Key Takeaways

• Nova Scotia law protects tenants from discrimination and ensures accessibility rights.
• Landlords must accommodate disabilities unless undue hardship can be proven.
• Official forms and tribunal resources are available if you need to make a complaint or enforce your rights.

Need Help? Resources for Tenants

• Residential Tenancies Program (Service Nova Scotia): Forms, information, and dispute resolution
• Nova Scotia Human Rights Commission: Filing complaints, advocacy, and support
• Nova Scotia Legal Aid: Free legal advice and tenant support
• Tenant Rights and Landlord Rights in Nova Scotia: Guide to provincial tenant rights

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1. Nova Scotia Human Rights Act
2. Form I: Application to Director (Residential Tenancies Program)
3. Nova Scotia Human Rights Commission: File a Complaint
4. Residential Tenancies Act (Nova Scotia)

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