Illegal Rental Application Questions in Ontario: What Tenants Should Know
Looking for a rental home in Ontario can be stressful, especially when faced with detailed application forms or interviews. However, tenants have important protections against discrimination under Ontario law. This guide explains which rental application questions are illegal, how the law protects you, and practical steps if you experience discrimination.
Who Regulates Residential Tenancies in Ontario?
Residential tenancies in Ontario are governed by the Residential Tenancies Act, 2006 and overseen by the Landlord and Tenant Board (LTB). Human rights issues, including discrimination by landlords, are administered through the Ontario Human Rights Commission (OHRC) and the Human Rights Tribunal of Ontario (HRTO).
What Questions Are Illegal on a Rental Application in Ontario?
Landlords in Ontario are required to follow the Ontario Human Rights Code, which forbids discrimination based on protected grounds. During the rental process—including applications—they cannot ask about:
- Race, ancestry, ethnic origin, citizenship, or place of origin
- Religion or creed
- Sex, sexual orientation, gender identity, or gender expression
- Age (with some exceptions for seniors housing)
- Marital status, family status (including if you have children or are pregnant)
- Disability or health status
- Receipt of public assistance or social benefits
- Language spoken (unless for safety on the premises)
- Personal or private questions unrelated to ability to pay rent
For example, an application should not ask if you plan to have children, what your religion is, or your country of birth. Landlords cannot reject your application for reasons relating to any protected ground.
Common Examples of Illegal Questions
- “What is your citizenship status?”
- “Are you planning to have kids soon?”
- “What religion do you practice?”
- “Do you receive Ontario Works or ODSP?”
- “Do you need a wheelchair-accessible unit?”
What Questions Can Landlords Legally Ask?
Landlords may request information that helps them determine your suitability as a tenant, provided it does not violate the Human Rights Code. Permissible questions include:
- References from previous landlords
- Proof of income or employment (without specifying the source)
- Consent for a credit check
- Number of intended occupants (but not family relationships)
- If you smoke or have pets (unless this relates to disability accommodations)
They can ask if you are able to pay rent and for supporting documentation, but cannot require specific types of income (e.g., employment versus assistance) as a condition. For more about this subject, see Understanding Rental Deposits: What Tenants Need to Know.
What Are Your Rights If You're Asked an Illegal Question?
If a landlord asks a discriminatory question or you feel treated unfairly during the rental application process, you have options. You can:
- Politely decline to answer the question
- Document the question and context (keep emails or note phone calls)
- Report the issue to the Human Rights Tribunal of Ontario (HRTO)
- Contact a local tenant advocacy organization for advice
Ontario tenants can file an application to the HRTO using Form 1: Application under section 34. This form is for tenants who believe they have experienced discrimination in housing. Get the official Form 1 here.
How to use Form 1 (HRTO): If you were refused a rental because of your family status, religion, or receipt of public assistance, for example, you would fill out Form 1, describing the incident and providing any evidence, then file it with the HRTO according to their instructions.
How to Challenge Discrimination During the Rental Application Process
You can request help if you feel your rental application was denied for reasons related to your background. The Human Rights Tribunal of Ontario offers an official complaint process, and you may also be able to raise the issue with the Tenant Rights in Ontario page for further information on your rights and recourse as a tenant in Ontario.
Your Practical Steps
- Keep a record of all correspondence with the landlord or property manager
- Gather supporting documents (emails, texts, notes from calls)
- Complete and submit Form 1 to the HRTO
- Seek support from local tenant groups or legal clinics
Tip: Starting your rental search with reputable listings can reduce your risk of facing discrimination. Browse apartments for rent in Canada for current, nationwide listings.
Related Tenant Concerns in Ontario
Landlord obligations extend beyond the application process. If you are concerned about rights or responsibilities after moving in, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained for further details. Knowing these basics helps protect you throughout your tenancy.
Frequently Asked Questions
- Can a landlord in Ontario ask about my immigration status?
No. Under Ontario's Human Rights Code, landlords cannot require you to disclose your immigration or citizenship status—they may ask for documents to verify your identity, but cannot refuse to rent based on immigration status alone. - What should I do if I think I was denied because I have children?
Document the incident, keep any written communications, and consider filing a human rights complaint with the HRTO using Form 1. - Are income source questions legal in a rental application?
Landlords can ask for proof of ability to pay rent but cannot discriminate based on the source, such as employment, benefits, or pension. - Is it legal for a landlord to ask if I receive disability support?
No. Questions about disability or receipt of disability benefits are not permitted on applications. - How do I report discrimination in the rental process?
You can file an application with the Human Rights Tribunal of Ontario, seeking remedies for discrimination or harassment.
Conclusion: Protecting Yourself as a Tenant
- Know your rights: Illegal rental application questions include those about personal characteristics like family, religion, or disability.
- If asked an inappropriate question, document, decline, and seek support if needed.
- Use official complaint processes to challenge discrimination and visit trusted platforms for secure rental listings.
Remember, every tenant in Ontario has the right to fair and equal treatment during the application process and throughout their tenancy.
Need Help? Resources for Tenants
- Landlord and Tenant Board (LTB): Information and forms for tenancy issues
- Ontario Human Rights Commission: Rights education and guidance
- Human Rights Tribunal of Ontario (HRTO): File discrimination complaints (Form 1)
- Local community legal clinics and tenant advocacy services
- For more details on renter rights and provincial law, visit Tenant Rights in Ontario.
- Residential Tenancies Act, 2006 (Ontario): Full legislation text here
- Ontario Human Rights Code: Read the law
- Ontario Human Rights Commission: Official site
- Landlord and Tenant Board: Tribunal home
- Human Rights Tribunal of Ontario (HRTO) – Forms: Forms and process
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