Facing Housing Discrimination in Ontario: Tenant Steps & Rights
Experiencing discrimination when looking for or living in rental housing in Ontario can feel overwhelming, especially if you’re unsure where to turn. Ontario law prohibits landlords, roommates, and property managers from discriminating against tenants for reasons such as race, gender, disability, family status, and other protected grounds. Understanding what counts as discrimination, your legal protections, and how to take action can make all the difference.
Understanding Discrimination in Shared Housing and Rentals
Discrimination in housing refers to treating someone unfairly or denying them housing because of a personal characteristic protected by law. In Ontario, the Residential Tenancies Act, 2006 and the Ontario Human Rights Code offer strong tenant protections. Discrimination may occur at any stage, including:
- When applying to rent a home or apartment
- During your tenancy (including eviction, service denial, or harassment)
- In roommate and shared housing arrangements
Illegal grounds of discrimination include, but are not limited to:
- Race, ancestry, colour, or ethnic origin
- Religious beliefs
- Sex, sexual orientation, gender identity or expression
- Age
- Marital or family status
- Disability
- Receiving social assistance
Steps to Take If You Experience Discrimination
If you suspect you’ve been denied housing, treated unfairly during your tenancy, or harassed by a landlord or roommate based on protected grounds, here’s what you can do:
- Document everything: Write down dates, conversations, and events. Collect email or text communications and keep copies of any application forms.
- Communicate your concerns: If safe and comfortable, write to your landlord or roommate to address the issue and ask for a resolution.
- Seek advice: Consult a local legal clinic or tenant advocacy group for support.
- File a complaint: If discrimination continues or you feel unsafe, file a complaint through the proper channels (see below).
Tenant issues can be complex. For broader support on everyday tenant challenges, see Common Issues Tenants Face and How to Resolve Them.
Making a Discrimination Complaint: Where and How
In Ontario, tenants can bring discrimination complaints to the Human Rights Tribunal of Ontario (HRTO). You do not need a lawyer to file, but legal help can be beneficial.
Required Forms and How to Submit
- Application Form (Form 1): Officially called Form 1: Human Rights Application, this is required to start your complaint. You can download it from the HRTO official forms page.
- Use Case Example: If you applied for a room and were told "no children allowed," complete Form 1 to explain what happened and why you believe it is discriminatory.
- How to File: Submissions can be made online, by mail, or by fax. Details are on the HRTO forms page.
The Human Rights Tribunal of Ontario will review your complaint and can order remedies such as compensation or an order for the landlord to stop a discriminatory practice.
Legal Protections: Which Laws Apply?
Your rights as a tenant in Ontario are set out in:
The Landlord and Tenant Board (LTB) administers the Residential Tenancies Act, but for direct discrimination cases, tenants usually go through the HRTO. For questions involving both tenancy law and discrimination (such as illegal eviction or harassment because of a protected ground), you may contact both the LTB and HRTO for guidance.
For a broader overview of your rights as an Ontario tenant, see Tenant Rights in Ontario.
What About Rental Deposits and Shared Housing?
Landlords must treat all applicants fairly when requesting deposits or setting other move-in conditions. Discriminatory deposit practices (e.g., demanding a higher deposit from certain groups) are strictly not allowed. For more on what’s allowed, visit Understanding Rental Deposits: What Tenants Need to Know.
If you’re searching for a new apartment, Canada's best rental listings platform can help you browse available homes and avoid problematic listings more easily.
FAQ: Dealing with Discrimination in Ontario Rentals
- What should I do first if I believe I was discriminated against when applying for an apartment?
Start by recording the details of the interaction and saving any communications. Then consider raising the issue with the landlord or contacting a tenant legal clinic for support. - Does the law protect me if my roommate is treating me unfairly?
Yes, Ontario’s Human Rights Code applies to most shared housing unless the landlord or roommate lives on the premises and shares a kitchen or bathroom, in which case certain exceptions may apply. - Can a landlord ask about my income or job?
Landlords can ask for proof of income but cannot discriminate against you based on your source of income (e.g., social assistance). - What happens after I submit a complaint to the Human Rights Tribunal?
The HRTO will review your submission, may ask for more information, and decide whether to proceed. Some cases are referred to mediation; others go to a hearing. - Is there a deadline for filing a discrimination claim in Ontario?
Yes. You must file your complaint within one year of the discriminatory event, except in rare circumstances where exceptions apply.
Conclusion & Key Takeaways
Facing discrimination is stressful, but Ontario tenants have options and strong legal protections. Key points include:
- Record and document every instance of discrimination or unfair treatment.
- Use official forms (Form 1) to file a complaint with the Human Rights Tribunal of Ontario as soon as possible.
- Know your rights under the Residential Tenancies Act and Human Rights Code, and don’t hesitate to seek advice or support.
With the right steps and resources, tenants can take action against discrimination and work toward a fair resolution.
Need Help? Resources for Tenants
- Human Rights Tribunal of Ontario (HRTO) – File complaints, download forms, and learn about your rights.
- Landlord and Tenant Board (LTB) – Guide to residential tenancy disputes.
- Community Legal Education Ontario (CLEO) – Plain language legal information for tenants.
- Local legal clinics and tenant organizations – Many offer free advice and support; find services via Ontario Legal Clinics directory.
- Residential Tenancies Act, 2006: Read the legislation
- Ontario Human Rights Code: Review the law
- Human Rights Tribunal of Ontario: Tribunal website
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