Nova Scotia Tenant Rights: Mental Illness Discrimination Protections

As a tenant in Nova Scotia, living with a mental illness does not limit your right to fair and equal treatment in the rental housing market. Provincial and federal laws provide protections against discrimination, ensuring landlords cannot refuse to rent, end a tenancy, or treat tenants differently because of mental health concerns. This article explains these legal protections, the official complaint process, and resources available if you face discrimination.

What Is Discrimination Based on Mental Illness?

Discrimination happens when someone is treated unfairly, denied a service, or harassed because of a characteristic like a mental disability. Under Nova Scotia law, mental illness is considered a disability, and tenants must be protected against related unfair treatment by landlords or property managers.

Key Legal Protections for Tenants with Mental Illness in Nova Scotia

Nova Scotia's Human Rights Act and the Residential Tenancies Act both provide protections:

• Landlords cannot refuse to rent to you because of a mental illness.
• It's illegal to evict, harass, or otherwise mistreat a tenant based on their mental health condition.
• Landlords must consider requests for reasonable accommodations, such as allowing a support animal or flexibility for medical appointments, unless doing so is too difficult or expensive for them ("undue hardship").

For a full overview of statutory tenant rights, see Tenant Rights and Landlord Rights in Nova Scotia.

Examples of Discrimination

• A landlord asks intrusive questions about your health before approving your application.
• Refusing a support animal request when medically required and permitted by law.
• Making negative remarks or refusing repairs due to your mental illness.

How to File a Discrimination Complaint

If you believe your landlord has discriminated against you because of your mental health, you have the right to file a complaint. Nova Scotia's Human Rights Commission is the provincial body responsible for enforcing anti-discrimination laws in housing.

Completing the Complaint Form

• Form Name: Human Rights Complaint Form
• When to Use: File if you are denied housing, face eviction, or experience harassment because of mental illness.
• How it works: Complete and submit the form online or by mail. The Commission will investigate and may mediate or refer for a hearing.
• Access the Nova Scotia Human Rights Complaint Form

Keep a record of all interactions, including emails or notes from conversations with your landlord.

Requests for Reasonable Accommodation

If your mental health requires specific changes to your rental situation (such as allowing a service animal), you can ask your landlord for reasonable accommodation. It’s helpful to put requests in writing and include supporting documentation from a medical provider if needed.

Role of the Residential Tenancy Program (Province of Nova Scotia)

Nova Scotia’s Residential Tenancy Program is the tribunal that handles general tenancy disputes—including those around evictions, repairs, and illegal practices. While human rights complaints go to the Human Rights Commission, issues like unlawful eviction for mental health reasons may also involve Residential Tenancy staff.

For more on legal responsibilities after you’ve signed a lease, check out Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Where Do I Find Rental Housing That’s Fair?

Everyone deserves a home that welcomes and respects them. Explore Houseme for nationwide rental listings—a helpful way to connect with landlords who value fairness and inclusivity.

What Laws Protect You?

• Nova Scotia Human Rights Act
• Residential Tenancies Act (Nova Scotia)
• Canadian Charter of Rights and Freedoms (applies to government-backed housing)

Common Tenant Concerns and Solutions

If you encounter issues like retaliatory rent increases or ignored maintenance requests after disclosing a mental illness, remember there are steps you can take. For typical rental challenges, see Common Issues Tenants Face and How to Resolve Them.

Frequently Asked Questions

1. Can a landlord ask about my mental health during the rental application?
   Landlords may not legally ask about your mental health or require you to disclose a mental illness. Applications and screenings must not ask about disabilities.
2. What can I do if my landlord refuses to allow a support animal?
   If your support animal is essential for your mental health and supported by documentation, you can request an accommodation. If refused, file a complaint with the Nova Scotia Human Rights Commission.
3. Is it legal for a landlord to evict me because I have a mental illness?
   No, it's against the law for landlords to end your tenancy due to your mental illness. Evictions must be based on legal grounds only, specified in the Residential Tenancies Act.
4. Where can I get help to fill out a human rights complaint?
   The Nova Scotia Human Rights Commission provides guidance. Local community legal clinics or tenant advocacy groups may also assist with the process.
5. What should I include in a discrimination complaint?
   Document all incidents, communications, and supporting documents (medical letters, written requests), and explain how your rights were denied. Submit these with your complaint form.

Key Takeaways for Nova Scotia Tenants

• Discrimination based on mental illness in rental housing is illegal in Nova Scotia.
• You can file a complaint with the Human Rights Commission if your rights are violated.
• Documentation and knowledge of your rights are your strongest tools if you encounter problems.

Need Help? Resources for Tenants

• Nova Scotia Human Rights Commission – File complaints and access guidance
• Residential Tenancy Program (Nova Scotia) – Resolve general tenancy disputes
• Local tenant advocacy groups: Can provide additional support and advice
• For a summary of rights, visit Tenant Rights and Landlord Rights in Nova Scotia

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1. Nova Scotia Human Rights Act, read the full statute
2. Residential Tenancies Act (Nova Scotia), find details here
3. Nova Scotia Human Rights Commission, complaint process and forms
4. Residential Tenancy Program, Provincial Government, official tribunal information

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