Are you struggling to find a rental in Ontario because of your family size? Discrimination based on family status — including the number of children or household size — is illegal under Ontario law. Whether you’ve been denied housing, evicted, or otherwise treated unfairly because of how many people live in your household, there are strong legal protections and steps you can take to assert your rights as a tenant in Ontario.

What Is Discrimination Over Family Size?

Family size discrimination happens when a landlord treats a tenant or applicant unfairly due to the number of children or people in the household. This is a violation of Ontario’s human rights laws, and it includes situations like:

• Refusing to rent to a family with children
• Setting maximum occupancy limits that are unreasonable or not based on safety
• Attempting to evict or pressure families because of their size

Ontario law protects tenants from such discrimination — including when searching for a rental, renewing a lease, or during your tenancy.

Your Legal Protection: The Human Rights Code & Residential Tenancies Act

In Ontario, both the Ontario Human Rights Code and the Residential Tenancies Act, 2006 provide protections against discrimination in housing based on family status or family size.^[1][2]

• Family Status: This covers parents with children, caregivers, and any group of related people living together.
• Reasonable Occupancy: Landlords can set reasonable maximum occupancy based on health and safety codes, but not simply to exclude families with children.
• Extra fees or deposits based on family size are not allowed.

For a complete summary of rental rights, visit Tenant Rights in Ontario.

When a Landlord Breaks These Rules: Recognizing and Responding to Discrimination

If you believe a landlord has acted unfairly because of your family size, you may have experienced discrimination. Examples include landlords saying “no children allowed,” offering higher rent for larger families, or setting bans on multiple occupants beyond safe legal limits.

How to Take Action If You Face Family Size Discrimination

If you encounter housing discrimination due to your family status or size, take these steps:

• Document all conversations, emails, and written notices from the landlord.
• Request written reasons for denial or decisions impacting your tenancy.
• Contact the Human Rights Legal Support Centre for free advice and support (see Resources).
• File an application with the Human Rights Tribunal of Ontario (HRTO) — the official body handling discrimination cases in housing.
• You can also file complaints and seek remedies at the Landlord and Tenant Board (LTB) if the discrimination relates to eviction or tenancy terms.

The HRTO and LTB are separate bodies, but both play roles in protecting tenant rights in Ontario.

Official Forms to Use

1. Human Rights Tribunal of Ontario – Application Form (Form 1)

• When to use: If you have faced discrimination over family size while applying for housing, living in rental housing, or being evicted.
• How it helps: Lets you formally start a claim at the HRTO seeking remedies or compensation.
• Access the HRTO Application Form (Form 1) here

2. Landlord and Tenant Board – T2 Form (Application about Tenant Rights)

• When to use: If your landlord tries to evict you or harasses you based on your family size.
• How it helps: Lets you report and challenge landlord actions at the LTB.
• Access the LTB T2 Form here

Always read each form’s guide and consult tenant support services if needed.

Practical Tips: Ensuring Fair Treatment in Rentals

• Ask landlords for a written copy of their occupancy policies.
• Keep record of all application forms, emails, or texts during your rental search.
• If rules seem discriminatory, politely request clarification and save all responses.
• Consider reviewing Common Issues Tenants Face and How to Resolve Them for broader support.

For more general information after signing a lease, see What Tenants Need to Know After Signing the Rental Agreement.

No matter where you’re searching, you can Find rental homes across Canada on Houseme — with filters to suit households of all sizes.

FAQ: Family Size Discrimination and Your Tenant Rights

1. Can a landlord refuse to rent to me because I have children or a large family?
   No. In Ontario, it is illegal for landlords to refuse applicants or set different rules just because of family size or having children.
2. Are there any legal occupancy limits landlords can set?
   Landlords can follow health and safety codes that establish maximum occupancy (like number of bedrooms) — but these limits must be reasonable and not a way to exclude families.
3. What should I do if I suspect discrimination?
   Document what happened and contact the Human Rights Legal Support Centre or file a complaint with the Human Rights Tribunal of Ontario or the Landlord and Tenant Board.
4. Is it legal for a landlord to charge extra rent or deposits for additional children?
   No. Charging more rent or extra deposits because you have more children is prohibited.
5. Where can I learn about all my rental rights in Ontario?
   You can learn more at Tenant Rights in Ontario.

Conclusion: Key Takeaways

• Discrimination over family size is against the law in Ontario.
• You have the right to fair, equal treatment when applying for or living in rental housing.
• If you face unfair treatment, use official forms and support resources — don’t be afraid to seek help and assert your rights!

Need Help? Resources for Tenants

• Human Rights Tribunal of Ontario (HRTO) – Handles discrimination complaints in housing
• Landlord and Tenant Board (LTB) – Handles tenancy disputes, including discrimination issues
• Human Rights Legal Support Centre – Free legal help for human rights concerns
• CLEO: Family Status and Human Rights in Ontario Housing
• Tenant Rights in Ontario – Get a full overview of your legal protections

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1. Ontario Human Rights Code: Read the Ontario Human Rights Code here
2. Residential Tenancies Act, 2006: Read the Residential Tenancies Act, 2006

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