Challenging Unfair Rental Denials in Nunavut: Tenant Rights

If you have been unfairly denied a rental unit in Nunavut, it's important to understand your rights as a tenant and the steps you can take to challenge discrimination or an unjust refusal. Nunavut's rental laws and human rights legislation help protect tenants from unfair practices, ensuring access to housing regardless of race, nationality, gender, disability, family status, or other protected characteristics.

Understanding Unfair Rental Denial

Unfair denial occurs when a landlord refuses to rent to an applicant for reasons that are not allowed under the law. In Nunavut, landlords must follow the Nunavut Residential Tenancies Act^[1] and the Nunavut Human Rights Act^[2], which prohibit discrimination based on several protected grounds:

• Race, colour, ethnic origin, or nationality
• Sex, sexual orientation, gender identity, or gender expression
• Family status, marital status, age
• Religion or belief system
• Disability

A valid rental denial may include reasons such as incomplete applications, no verifiable income, disruptive rental history, or poor credit checks. However, denial for any of the protected grounds listed above is unlawful.

Recognizing Discrimination

Discrimination in rental housing can be subtle. It may involve:

• Refusal to show or rent a unit after learning about your background or disability
• Adding extra requirements that do not apply to other applicants
• Making discriminatory statements or asking prohibited questions

If you suspect the denial is based on discrimination, gather any emails, texts, witness statements, or ads that support your case.

Steps to Challenge an Unfair Rental Denial in Nunavut

Nunavut tenants facing unfair rental denials have several action steps under the territory’s legislation. Here’s how to move forward:

1. Ask the Landlord for a Written Explanation

Politely request that the landlord put the reason for rental denial in writing. Document all communications for your records.

2. Review Your Rights Under the Law

Consult the Tenant Rights and Landlord Rights in Nunavut for an overview of legal protections, responsibilities, and what constitutes discrimination.

3. File a Complaint with the Nunavut Human Rights Tribunal

If you believe the denial was discriminatory, you can file a complaint with the Nunavut Human Rights Tribunal (NHRT). Submit the necessary details and evidence to support your case.

Official Form:
Name: Human Rights Complaint Form
How to Use: Use this form to describe the discriminatory act and include supporting documents, such as rejection emails or advertisements. The form can be downloaded from the official NHRT website.

4. Consider Contacting the Office of the Rental Officer

Serious violations of tenancy law, such as procedural issues or bad faith, can be discussed with Nunavut’s Office of the Rental Officer. While the Rental Officer primarily handles active tenancies, they can sometimes offer advice or mediate issues if the denial appears linked to discrimination.

5. Seek Additional Evidence

Collect any documents relating to your application, communications with the landlord, and names of witnesses who can confirm your treatment. This will strengthen your case with the NHRT or Rental Officer.

Throughout this process, understanding your rights and responsibilities is crucial—see Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more information on what landlords and tenants can and cannot do during the rental process.

To broaden your options, Find rental homes across Canada on Houseme for more opportunities that might better suit your needs.

FAQ: Challenging Rental Denials in Nunavut

1. Can a landlord refuse to rent to me because I have children?
   No, family status (including having children) is a protected ground under Nunavut human rights law. Rental denials based on family status are discriminatory and unlawful.
2. What documents should I collect if I was unfairly denied housing?
   Gather all application forms, any communications (emails, texts), notes from conversations, and contact information of possible witnesses.
3. Do I need a lawyer to file a human rights complaint in Nunavut?
   Legal representation is not required, but you may seek assistance from advocacy organizations or the Nunavut Human Rights Tribunal's staff.
4. Will making a complaint affect future rental applications?
   Landlords should not retaliate against tenants for exercising their rights. If you experience retaliation, keep records and inform the NHRT or Rental Officer.
5. Can the Rental Officer overturn a landlord's rental decision?
   The Office of the Rental Officer typically resolves disputes once a tenancy has started, but they can advise or intervene if broader tenancy rights are involved.

Key Takeaways

• You have the right to fair and equal treatment under Nunavut’s tenancy and human rights laws.
• If you are denied housing due to discrimination, file a complaint with the Nunavut Human Rights Tribunal.
• Always request a written denial and keep detailed records for your case.

Know your rights and don't hesitate to seek support if you suspect unfair treatment or discrimination during rental applications.

Need Help? Resources for Tenants

• Nunavut Human Rights Tribunal (NHRT) – Support and complaint forms for discrimination cases.
• Nunavut Office of the Rental Officer – Guidance on housing disputes and tenant-landlord laws.
• Legal assistance and tenant support services for Nunavut
• Tenant Rights and Landlord Rights in Nunavut

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1. ^[1] Nunavut Residential Tenancies Act
2. ^[2] Nunavut Human Rights Act (S.Nu. 2003, c.12)

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