Avoiding Discrimination and Accessibility Mistakes in Ontario Rentals

Discrimination and accessibility issues can seriously impact renters in Ontario, but understanding your rights—and the most common pitfalls—empowers you to secure fair, equal housing. Whether you're searching for an accessible unit, worried about unfair treatment, or simply want to avoid mistakes when it comes to fair housing, this guide provides up-to-date legal protections and practical advice for Ontario tenants.

Key Legal Protections for Ontario Tenants

Ontario’s Residential Tenancies Act, 2006 and the Ontario Human Rights Code ensure that tenants have strong rights against discrimination based on protected characteristics. Understanding these protections is the first step in avoiding mistakes that could jeopardize your housing or well-being.

• Protected grounds: These include race, colour, ethnic origin, religion, gender, age, family status, disability, sexual orientation, and receipt of public assistance.
• Reasonable accommodation: Landlords must make reasonable efforts to accommodate tenants’ disabilities, unless doing so causes undue hardship.

Ontario’s Landlord and Tenant Board (LTB) handles most rental disputes, including discrimination and accommodation complaints.^[1]

Common Discrimination and Accessibility Mistakes Tenants Make

1. Not Recognizing Subtle Forms of Discrimination

Discrimination isn't always obvious. Sometimes, it appears in subtle ways:

• Being told an apartment is “no longer available” after revealing a disability or family status
• Receiving different application requirements compared to others
• Rules that unfairly target certain groups (e.g., strict guest policies affecting families)

It’s important to document your interactions and keep records of communication as evidence if you suspect unequal treatment.

2. Not Requesting Accommodation Properly

Landlords must provide accommodations for physical and mental disabilities. Failing to submit requests in writing, or not explaining your needs clearly, can delay or hinder your right to accessibility improvements.

When you need an accommodation (such as grab bars, visual smoke alarms, or a service animal), make a clear, written request to your landlord with supporting medical information if required. The LTB will consider whether both sides acted reasonably if a dispute arises.

3. Overlooking Rights After Signing the Lease

Your rights to be free from discrimination and to request accommodations continue after you move in. If your living situation changes, you can still request modifications or report unfair treatment at any time. For more details on rights post-lease, see What Tenants Need to Know After Signing the Rental Agreement.

Ontario’s Human Rights Complaint Process: Steps and Forms

If you believe your landlord is discriminating against you, you can file a human rights application with the Human Rights Tribunal of Ontario (HRTO). This is separate from the Landlord and Tenant Board.

• HRTO Form 1: Application to the Human Rights Tribunal of Ontario

How to use it: Fill out HRTO Form 1 if you feel you've experienced discrimination (e.g., denial of accommodation for your disability, or refusal to rent based on religion). Provide as much detail and evidence as possible. The form, along with instructions, is available from the official HRTO website.

The Landlord and Tenant Board: Addressing Accessibility-Related Disputes

If a landlord fails to make necessary accessibility modifications, tenants may apply to the LTB using:

• LTB Form T2: Application about Tenant Rights

How to use it: Tenants submit Form T2 if their landlord has interfered with their reasonable enjoyment, including denying needed accessibility changes. Include supporting documents such as doctor’s notes or correspondence. The form and filing instructions are on the Landlord and Tenant Board Forms page.

Your Rights and Responsibilities for Accessibility Modifications

Many tenants aren’t sure who handles or pays for modifications. Generally:

• Landlords must not deny reasonable requests for accessibility, unless it causes undue hardship (cost, health, or safety risks).
• You may need to supply medical documentation to support certain requests.
• Tenants should not make major changes without landlord permission, except for approved accessibility needs.

More information on landlord and tenant responsibilities can be found in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Searching for Barrier-Free and Accessible Rentals

When house-hunting, use detailed search filters or check sites focused on accessibility. You can Find rental homes across Canada on Houseme with tools to identify pet-friendly or accessible options across Ontario.

To learn more about your fair housing rights province-wide, visit Tenant Rights in Ontario.

1. What is considered discrimination in Ontario rentals?
   Discrimination includes treating someone unfairly based on race, disability, gender, family status, sexual orientation, or other protected grounds under the Ontario Human Rights Code. It applies not only to rental applications, but throughout your tenancy.
2. Can my landlord refuse to make accessibility modifications?
   No, landlords are generally required to make reasonable modifications for tenants with disabilities, unless it would cause undue hardship related to cost or safety.
3. What should I do if I face discrimination in my rental search?
   Document the incident in detail, attempt to address it with your landlord or property manager in writing, and file an application with the Human Rights Tribunal of Ontario if needed.
4. Does my landlord have to let me have a service animal?
   Yes, if you have a disability requiring a service animal, a landlord cannot deny your request, even if there is a "no pets" policy. Some documentation may be required.
5. Where can I get help understanding my rights?
   Contact the Human Rights Legal Support Centre or the Landlord and Tenant Board for free guidance, or consult organizations like the Centre for Equality Rights in Accommodation (CERA).

1. How do I request disability-related modifications to my rental?
   Notify your landlord in writing, describe the changes needed (e.g., ramps, grab bars), and provide supporting medical information if asked.
2. How can I file a complaint with the Human Rights Tribunal of Ontario?
   Complete and submit HRTO Form 1: Application to the HRTO, including evidence and details of the discrimination. The process and form are on the HRTO website.
3. How do I apply to the Landlord and Tenant Board for discrimination or accessibility concerns?
   Use LTB Form T2: Application about Tenant Rights, explaining how your rights were violated (such as denial of reasonable accommodation).

Summary: Tenants in Ontario are protected against discrimination and have a right to seek necessary accessibility modifications. Document concerns, submit accommodation requests in writing, and use the right complaint forms if your rights are infringed.

• Know your rights under the Residential Tenancies Act, 2006 and Ontario Human Rights Code.
• Keep clear documentation of any issues or requests.
• Act promptly—there are time limits to file complaints.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB): Rental disputes, applications, and tribunal guidance
• Human Rights Tribunal of Ontario (HRTO): Discrimination complaints and forms
• Human Rights Legal Support Centre: Free legal assistance for discrimination concerns
• Centre for Equality Rights in Accommodation (CERA): Resources and support for tenants facing discrimination

---

1. Landlord and Tenant Board (LTB), https://tribunalsontario.ca/ltb/
2. Ontario Human Rights Code, https://www.ohrc.on.ca/en/ontario-human-rights-code
3. Residential Tenancies Act, 2006, https://www.ontario.ca/laws/statute/06r17
4. Human Rights Tribunal of Ontario Forms, https://tribunalsontario.ca/hrto/forms-filing/
5. Landlord and Tenant Board Forms, https://tribunalsontario.ca/ltb/forms/

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy