What to Do If Accessibility Modifications Are Denied in Nova Scotia Rentals

If you are a tenant in Nova Scotia and have been denied accessibility modifications in your rental unit, it's important to understand your rights and the steps you can take. Accessible housing is protected under both provincial law and human rights legislation, ensuring that people with disabilities can live safely and comfortably in their homes. This guide will help you navigate what to do if a landlord refuses reasonable accessibility changes.

Your Right to Accessibility Modifications as a Tenant

In Nova Scotia, the Residential Tenancies Act and the Nova Scotia Human Rights Act protect your right to make reasonable modifications necessary for accessibility. This can include installing ramps, grab bars, accessible door handles, or other changes needed due to a disability.^[1][2]

• Landlords cannot refuse reasonable requests for accessibility modifications without a valid reason.
• Tenants are generally responsible for the costs associated with these modifications, unless otherwise agreed.
• If the changes are reversible, landlords may request that the unit be returned to its original condition when you move out.

Knowing your rights can help you advocate for yourself and recognize when denial may be discriminatory. For a full overview of tenant and landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

How to Request Accessibility Modifications

Start by making a written request to your landlord. Clearly state what modification you need and why. Keep copies of all correspondence. If your landlord requests more information, you may need to provide medical documentation supporting your request.

If your landlord denies your request, they must provide a valid reason in writing. Denial based solely on inconvenience, or without reasonable justification, could be considered discrimination under the Nova Scotia Human Rights Act.

Relevant Official Forms and Where to Find Them

• Application to Director (Form C):
  Application to Director (Form C) — Use this form if a dispute arises and you wish to have the matter reviewed by the Residential Tenancy Program. For example, if your landlord has denied your accessibility modification request and you believe the refusal is unfair or discriminatory.
  How it's used: Complete Form C stating your situation and evidence, then submit it to Service Nova Scotia's Residential Tenancy Program. You'll receive a hearing date where both you and your landlord can present your cases.

What to Do If Your Request Is Denied

If your landlord refuses your reasonable request for accessibility modifications—and you have already tried communicating in writing—consider these steps:

• Document everything: Save all communication between you and the landlord.
• Talk to your landlord again: Sometimes misunderstandings can be resolved by further discussion.
• Apply to the Residential Tenancy Program: Use Form C if you're unable to reach an agreement.
• File a human rights complaint: If you believe your rights as a person with a disability are being violated, you can also file a complaint with the Nova Scotia Human Rights Commission.

The Residential Tenancy Program is responsible for handling these types of disputes in Nova Scotia. Their decisions are legally binding, although some outcomes can be appealed.

Filing a Complaint: Step-by-Step

The process for appealing a denied accessibility modification involves clear, manageable steps. This helps ensure your concerns are heard by the appropriate authorities.

• Gather all required documents, including your written request, landlord's response, and any supporting medical evidence.
• Fill out and submit Form C to the Residential Tenancy Program.
• Attend the scheduled hearing or mediation session. Be ready to explain why you need the modification and provide evidence.
• If the outcome does not resolve your concern, consider filing with the Nova Scotia Human Rights Commission.

Appealing a denial can take time, but following the correct process will strengthen your case and protect your rights. For more on issues that commonly arise in rental housing, read Common Issues Tenants Face and How to Resolve Them.

It's also helpful to familiarize yourself with Tenant Rights and Landlord Rights in Nova Scotia to better understand your legal protections.

To find accessible and inclusive rentals across Canada, you can Browse apartments for rent in Canada.

FAQ: Accessibility Modifications in Nova Scotia Rentals

1. Can my landlord refuse all accessibility modifications?
   No. Landlords cannot unreasonably refuse reasonable modifications for accessibility. They may request that you restore the property to its original state upon moving out.
2. Do I need to pay for accessibility modifications myself?
   Usually, tenants are responsible for covering the costs. However, different arrangements may be negotiated in your lease or with your landlord.
3. What if my landlord offers a different modification than I requested?
   If the proposed alternative meets your needs for accessibility, it may be acceptable. If not, you can dispute the decision through the Residential Tenancy Program.
4. What official forms do I use for disputes in Nova Scotia?
   Use the Application to Director (Form C) for most tenancy-related disputes, including accessibility concerns.
5. Where can I go for more information on my tenant rights in Nova Scotia?
   See Tenant Rights and Landlord Rights in Nova Scotia for detailed, up-to-date information.

Key Takeaways for Nova Scotia Tenants

• Tenants have the right to reasonable accessibility modifications under the law.
• If denied, first try resolving the issue directly, then use official avenues such as the Residential Tenancy Program or Nova Scotia Human Rights Commission.
• Document everything and use the proper forms for your applications.

Take the time to understand your rights and seek support if you encounter barriers when requesting accessibility modifications.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancy Program: File applications, dispute denials, and learn about your rights.
• Nova Scotia Human Rights Commission: File complaints if you believe you've been discriminated against due to disability.
• Residential Tenancies Act — Nova Scotia: Read the full legislation for details on tenant and landlord duties.
• Find reputable local tenant associations for guidance and representation if needed.

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1. Residential Tenancies Act (Nova Scotia)
2. Nova Scotia Human Rights Act
3. Residential Tenancy Program (Service Nova Scotia)

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