If you’re a tenant in Ontario living with roommates or in shared housing, you have specific rights under the Residential Tenancies Act, 2006 and the Ontario Human Rights Code. Discrimination based on characteristics like race, gender, disability, religion, sexual orientation, or family status is illegal. This guide explains what steps you can take – and which forms you'll need – to file a human rights complaint as a tenant if you believe your rights have been violated in Ontario.

Understanding Your Rights as a Tenant in Ontario

All tenants have a right to equal treatment regarding housing. Landlords, property managers, and even roommates must not discriminate or harass you based on protected grounds listed in the Ontario Human Rights Code. Common examples include refusal to rent due to ethnicity, family status (such as having children), or unfair treatment of a tenant with a disability.

• Discriminatory advertising (for example, “adults only”)
• Refusing necessary repairs only for certain tenants
• Evicting or threatening due to your religion or sexual orientation

For a fuller overview of obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

When and Why Tenants Should File a Human Rights Complaint

If attempts to resolve your situation directly have failed, or you feel unsafe addressing the issue with your landlord or roommates, it’s appropriate to file a complaint. This process can apply if you are denied a rental, face eviction, or are treated unfairly in comparison to others on grounds protected by the Human Rights Code.

Discrimination is serious, but not every landlord/roommate dispute meets the threshold for a complaint. Typically, human rights complaints focus on:

• Discriminatory treatment related to race, sex, disability, creed, age, or family status
• Denial of accessibility requests (such as a guide dog or wheelchair accommodation)
• Harassment or retaliation linked to a protected characteristic

Tip: Always document incidents (dates, times, witnesses, communications) before starting a complaint. This helps your case tremendously.

Where to File: The Human Rights Tribunal of Ontario (HRTO)

In Ontario, the Human Rights Tribunal of Ontario (HRTO) handles complaints of discrimination, including those related to rental housing. This is separate from the Landlord and Tenant Board, which deals with most rental disputes under the Residential Tenancies Act.

Learn about related provincial rental laws with this guide to Tenant Rights in Ontario.

Step-by-Step: Filing a Complaint as a Tenant

Here’s how Ontario tenants can take action if discrimination occurs:

1. Try to Resolve Informally (Optional)

If safe, communicate your concerns with your landlord, superintendent, or roommate. Many misunderstandings can be resolved through discussion. Always keep records of your correspondence.

2. File the Application (Form 1)

To start a formal complaint, submit Form 1: Application to the Human Rights Tribunal of Ontario. Use this if:

• You face discrimination/harassment in your rental housing
• Your accessibility requests are being denied

Where to get it: Download Form 1 – Application to the HRTO

The form asks you to describe what happened, when, who was involved, and what outcome you want. You can file it by email, mail, or in person. Check the latest HRTO filing instructions.

3. HRTO Process and Next Steps

• The other party (landlord or roommate) files a response
• You may be invited to mediation to settle the dispute
• If no settlement is reached, a hearing is scheduled

You can get free help preparing your application from the Human Rights Legal Support Centre.

Other Useful Forms and Resources

• Form 1: Application to HRTO (official source here): Used to start your case. Example: if your landlord refuses repairs only for you based on your family status.
• Form 10: Request for Early Dismissal (official source here): Used if the respondent thinks your case should not proceed. You may need to respond, so read correspondence carefully.
• For rental disputes involving maintenance, also see How to Handle Complaints in Your Rental: A Tenant’s Guide.

This process is completely separate from evictions, rent increases, and typical Landlord and Tenant Board matters. However, some cases overlap—such as when a discriminatory eviction is alleged.

Quick Summary of the Complaint Process

• Try direct communication if safe
• Gather and organize all notes, emails, or witness statements
• Download and fill out Form 1
• Submit it to the HRTO via their accepted methods
• Prepare for possible mediation or a hearing

Need help finding housing that respects your rights? Affordable homes for rent in Canada are available on trusted platforms.

FAQ: Human Rights and Tenants in Ontario

1. What are the protected grounds under the Human Rights Code?
   Protected grounds include race, religion, sex, age, marital status, disability, sexual orientation, and more. Landlords and roommates cannot discriminate on these bases.
2. Do I need a lawyer to file a complaint with the HRTO?
   No, you do not need a lawyer, but you may find help from the Human Rights Legal Support Centre for guidance and forms.
3. What happens after filing Form 1?
   The other party is notified, and mediation may be offered. If needed, the case goes to a hearing where both sides present evidence.
4. What's the difference between the HRTO and the Landlord and Tenant Board?
   The HRTO deals with discrimination and human rights violations; the Landlord and Tenant Board handles most lease and eviction issues under the Residential Tenancies Act.
5. Can I file a human rights complaint if I'm not on the lease?
   Yes. Anyone living in a rental unit is covered by the Ontario Human Rights Code, including roommates and subtenants.

Key Takeaways for Ontario Tenants

• Discrimination in rental housing based on protected grounds is illegal in Ontario.
• The Human Rights Tribunal of Ontario (HRTO) is where to file a complaint about discrimination in housing.
• Use Form 1 to start your complaint and submit within a year of the incident.
• Support and resources are available – you do not have to navigate this alone.

Need Help? Resources for Tenants

• Human Rights Tribunal of Ontario (HRTO): Official website – complaint forms, information, contact details
• Human Rights Legal Support Centre: hrlsc.on.ca – free legal help with applications
• Community Legal Clinics: Search your local area for advocacy and case support
• For other rental concerns, review Tenant Rights in Ontario

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1. Residential Tenancies Act, 2006. Available at: https://www.ontario.ca/laws/statute/06r17
2. Ontario Human Rights Code. Available at: https://www.ontario.ca/laws/statute/90h19
3. Human Rights Tribunal of Ontario (HRTO). Forms and application info at: https://tribunalsontario.ca/hrto/
4. Human Rights Legal Support Centre. Free support for tenants. https://hrlsc.on.ca/

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