Discrimination & Accessibility Rights for Ontario Tenants

Living in a rental property in Ontario means you have specific rights protecting you from discrimination and barriers to accessibility. The province has clear laws to ensure every tenant can enjoy their home, free from unfair treatment due to disability, race, family status, religion, or other protected grounds. This guide explains your rights, how to recognize discrimination, request accommodations, and what steps to take when facing housing barriers in Ontario.

Discrimination in Ontario Rentals: What Tenants Should Know

In Ontario, it is illegal for a landlord to discriminate against a tenant or applicant based on grounds protected by the Ontario Human Rights Code^[1]. These grounds include:

• Race, colour, ancestry, or ethnic origin
• Citizenship or place of origin
• Religion or creed
• Sexual orientation, gender identity, or gender expression
• Age
• Family status or marital status
• Receipt of public assistance
• Disability (including physical or mental health conditions)

Any refusal to rent, eviction, or harassment that is linked to one of these factors could be considered discrimination. Landlords cannot ask about these personal details during the application process or treat you differently after you have moved in.

Recognizing Housing Discrimination

Discrimination isn’t always obvious. Examples may include:

• Advertising ‘adults only’ buildings or ‘no children’ rules
• Refusing to rent to someone with a service animal due to a disability
• Requesting higher deposits from newcomers or tenants receiving government assistance
• Not making reasonable efforts to address accessibility needs

The law applies to both the initial application and during your entire tenancy. Learn more about your rights as a renter by visiting Tenant Rights in Ontario.

Accessibility: Your Right to Accommodation

Ontario’s laws require landlords to accommodate tenants with disabilities up to the point of undue hardship. This means landlords must take steps to remove physical barriers or provide services so tenants can fully enjoy their living space.

• Permitting service animals, even in ‘no pets’ buildings
• Installing ramps, grab bars, or other modifications
• Allowing assistive devices (like stairlifts or visual alarms)
• Making unit transfers where possible to an accessible apartment

What Is 'Undue Hardship'?

While landlords must provide reasonable accommodations, they do not have to make changes that would cause significant cost or health and safety risks. The burden of proof is on the landlord to show ‘undue hardship.’

What To Do If You Experience Discrimination

If you believe you have faced discrimination or a lack of accessibility, you have several options:

1. Document your experience. Keep written records, emails, or notes about what happened and when.
2. Speak with your landlord, if you feel comfortable, and request changes or accommodations in writing.
3. If the issue is not resolved, you may file an application with the Human Rights Tribunal of Ontario (HRTO)^[2]. The HRTO is the official body that resolves discrimination claims in housing.
4. Depending on the issue, you may also apply to the Landlord and Tenant Board^[3] (under the Residential Tenancies Act, 2006^[4]) if your concern affects your tenancy rights more broadly.

It often helps to learn about the Obligations of Landlords and Tenants: Rights and Responsibilities Explained so you know what both sides must do under the law.

Filing a Human Rights Application: Important Forms and How to File

The main form used to make a discrimination or accessibility complaint is the HRTO – Application Form (Form 1). Here’s how it works:

• When to use: If your landlord refuses a legal accommodation or you are treated unfairly because of a characteristic protected under Ontario’s Human Rights Code.
• Example: A landlord refuses to install a grab bar for a tenant with a mobility impairment, even though it’s reasonable and the tenant offers medical documentation.
• Get Form 1: HRTO Application

You can file this form online or mail it to the Tribunal. The process involves providing details of your complaint, supporting evidence, and what resolution you are seeking. For tenancy disputes not related to discrimination, applications to the Landlord and Tenant Board use different forms and are covered by Ontario’s Residential Tenancies Act, 2006 (see more on landlord and tenant obligations here).

What Happens After You Apply?

Once your application is filed, the Tribunal will review your case and may offer mediation between you and the landlord. If mediation does not resolve the matter, a formal hearing may be scheduled. Either way, the Tribunal’s decision is enforceable. This process helps ensure that tenants’ rights are protected and landlords receive a fair hearing too.

Combining Rental Rights with Fair Housing Principles

Facing discrimination or accessibility issues is never easy. By learning about your legal rights and the steps you can take, you can better protect yourself and your family. Explore more about Common Issues Tenants Face and How to Resolve Them or Find rental homes across Canada on Houseme if you’re searching for a new, inclusive place to live.

1. What types of housing discrimination are illegal in Ontario? In Ontario, it is illegal to discriminate based on race, ethnicity, religion, sex, disability, family or marital status, sexual orientation, and receipt of public assistance, among others. These protections apply during the application process, throughout the tenancy, and at move-out.
2. Can my landlord refuse to rent to me if I have a service animal? No. Landlords must generally allow service animals, regardless of building pet policies, if they are required because of a disability. This is a protected right under Ontario’s Human Rights Code.
3. What should I do if my landlord won’t provide an accessibility modification I need? You should make your request in writing, stating what accommodation you need and why. If your landlord refuses or does not respond, you can file an application with the Human Rights Tribunal of Ontario.
4. How do I file a discrimination complaint about my rental? You can file a Human Rights Application (Form 1) online or by mail directly with the Human Rights Tribunal of Ontario. Include all supporting documentation and describe the discrimination or barrier in detail.
5. Where can I learn more about my rights as a tenant? Start with Tenant Rights in Ontario for a comprehensive overview, including information on leases, repairs, privacy, and other important topics.

1. How do I ask my landlord for an accessibility accommodation? Write a clear letter or email explaining what you need and include any necessary medical or support documents. Ask for a written response.
2. How do I file a Human Rights Application (Form 1)? Download the application from the official HRTO website. Complete all sections, attach evidence, and submit it online or by mail.
3. How do I collect evidence of discrimination? Keep copies of any relevant ads, emails, application forms, or notes from conversations. Note the dates and names of anyone involved and save anything that shows unfair treatment.

Key Takeaways

• Ontario protects tenants from discrimination and requires landlords to accommodate disabilities up to undue hardship.
• If you face discrimination, keep written records, request changes in writing, and use the HRTO application process.
• You can learn more about rental rights and responsibilities at Tenant Rights in Ontario.

Need Help? Resources for Tenants

• Human Rights Tribunal of Ontario: Handles discrimination and accessibility complaints in housing.
• Landlord and Tenant Board: Deals with general tenancy disputes, evictions, repairs, and rent matters.
• CLEO Housing Law Publications: Free information and guides for Ontario tenants.
• Community legal clinics: Offer free tenant advice (find your local clinic through Legal Aid Ontario).

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1. [1] Ontario Human Rights Code
2. [2] Human Rights Tribunal of Ontario
3. [3] Landlord and Tenant Board of Ontario
4. [4] Residential Tenancies Act, 2006 (Ontario)

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