Proving Discrimination as a Tenant in Nova Scotia

Facing discrimination as a renter is stressful, but Nova Scotia law protects tenants from unfair treatment. Understanding how to prove discrimination can help you defend your rights and navigate the complaint process more confidently. This guide will walk you through what counts as discrimination, what evidence you need, and practical steps for Nova Scotia tenants.

What Counts as Discrimination in Nova Scotia Rentals?

The Nova Scotia Human Rights Act protects tenants from discrimination based on characteristics such as:

• Race, colour, or ethnic background
• Religion or creed
• Sex, gender identity, or sexual orientation
• Age, disability, or family status (e.g., having children)
• Source of income (including social assistance)

Discrimination could happen before, during, or after you rent—such as being refused an apartment, facing unequal treatment, or harassment because of these reasons.
Nova Scotia’s Residential Tenancies Act outlines tenant and landlord responsibilities, including the right to a fair, harassment-free home.^[1][2]

How to Prove Discrimination as a Tenant

To prove discrimination in a rental dispute, you will need to show:

• You have a characteristic protected by law (e.g., disability, religion)
• You were treated unfairly or differently compared to others
• Your characteristic was a factor in this treatment

Gathering Effective Evidence

Clear, detailed evidence is essential. These types of proof can help:

• Written Communication: Emails, texts, or letters from your landlord showing biased language or decisions
• Witness Statements: Accounts from neighbours, friends, or other tenants about what they saw or heard
• Rental Adverts: Screenshots or copies of rental ads excluding specific groups (e.g., “No children” or “Adults only”)
• Photos or Recordings: Images, voice recordings (where legally permitted), or video documentation
• Notes: Write down dates, times, and descriptions of all incidents as soon as they occur

When Can You File a Complaint?

File a complaint when you believe your landlord or their agent has treated you unfairly due to a protected characteristic. For example, if you are denied a rental because you receive income support, or if the landlord refuses to allow a support animal for your disability, you may have grounds for a complaint.

How to File a Discrimination Complaint in Nova Scotia

The Nova Scotia Human Rights Commission handles discrimination complaints. The rented property does not need to be subsidized—these rights apply to all private market rentals.

Key Steps to Take

• Collect your evidence (see above)
• Contact the Nova Scotia Human Rights Commission as soon as possible—there are deadlines
• Speak to a tenant advocacy organization if you need help understanding your rights

Official Forms to Use

• Human Rights Complaint Form (Nova Scotia Human Rights Commission)

When to use: When you want to officially report suspected discrimination in your housing situation.
How to use: Fill out details about yourself, the respondent (e.g., landlord), and describe the discrimination with evidence. Submit it online or by mail. Access the official form and instructions.

What Happens Next?

The Human Rights Commission will review your complaint, may ask for more information, and could investigate. If discrimination is found, solutions could include compensation, changes to rental rules, or training for the landlord.

For other tenancy issues (like maintenance or rent increases), the Residential Tenancies Program handles applications under the Residential Tenancies Act—not discrimination cases, which always go to the Human Rights Commission.^[2]

Proving Discrimination When Combined with Other Rental Issues

If you face both discrimination and standard tenancy issues (e.g., unfair eviction following a complaint), you may need to act on multiple fronts:

• File your discrimination complaint with the Human Rights Commission
• Submit relevant tenancy forms (e.g., for repairs, eviction disputes) with the Residential Tenancies Program

For a broader understanding of your rental rights and obligations, see Tenant Rights and Landlord Rights in Nova Scotia.

Where to Get More Information

If you have questions about evidence, dispute forms, or would like to learn more about rental responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and Explore Houseme for nationwide rental listings.

Frequently Asked Questions About Proving Discrimination

1. What if my landlord denies discrimination but I still feel targeted?
   Your complaint can proceed based on your evidence and circumstances. The Human Rights Commission investigates both sides before making a decision.
2. Does discrimination include being denied an apartment because I have children?
   Yes, refusing to rent to families with children is considered discrimination under Nova Scotia’s Human Rights Act.
3. Can I file both a Human Rights complaint and a Residential Tenancies dispute?
   Yes. Discrimination complaints go to the Human Rights Commission. Other rental disputes (like unpaid rent or repairs) go to the Residential Tenancies Program.
4. Is there a deadline for making a discrimination complaint?
   Yes. Generally, you should file within one year of the incident. Act promptly to avoid losing your right to complain.
5. Does my landlord have to accommodate my disability?
   Yes. Landlords are required to reasonably accommodate disabilities, such as by allowing service animals or making accessible modifications, unless it causes undue hardship.

Key Takeaways for Tenants

• Keep detailed records and all communications if you suspect discrimination.
• Submit a Human Rights complaint with supporting evidence as soon as possible.
• Other tenancy issues go through the Residential Tenancies Program.

Need Help? Resources for Tenants

• Nova Scotia Human Rights Commission – Make a Complaint (online form and information)
• Residential Tenancies Program Forms and Contacts
• Legal Information Society of Nova Scotia: legalinfo.org (free tenant legal information)
• Human Rights Commission Email or call 1-877-269-7699

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1. Nova Scotia Human Rights Act, full legislation
2. Residential Tenancies Act, read the Act

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