Legal Support for Ontario Tenants Facing Discrimination

Facing discrimination or accessibility issues as a tenant in Ontario can be stressful and overwhelming. Fortunately, Ontario law protects tenants from discrimination by landlords and provides a fair process to resolve disputes. This guide explains your rights, where to get legal support, relevant forms, and practical steps you can take if you believe your rights have been violated. Knowing your options empowers you to take action for a safer and more inclusive living environment.

Understanding Your Rights as a Tenant in Ontario

Ontario tenants are protected against discrimination based on grounds such as disability, race, family status, gender, age, and more under the Ontario Human Rights Code and the Residential Tenancies Act, 2006^[1]. Landlords must also accommodate disability-related needs unless doing so would cause undue hardship (e.g., significant health or financial risk).

• Denying a rental application due to disability or family status is illegal.
• Landlords must permit modifications at the tenant’s expense for accessibility.
• Retaliation against tenants who request accommodation is unlawful.

For a full overview of legal protections and obligations, see Tenant Rights in Ontario.

What Counts as Discrimination or Accessibility Dispute?

Discrimination may take many forms, such as refusal to rent to newcomers, refusing guide dogs or service animals, or failing to address accessibility barriers for tenants with disabilities. If your landlord is not maintaining accessible pathways, refuses requests for grab bars, or will not allow necessary modifications, this may be a violation of your legal rights.

Common Types of Disputes

• Refusal to offer accessible units or accommodations
• Discriminatory remarks, notices, or screening practices
• Denial of reasonable modifications (e.g., ramps, visual alarms)

Steps to Take If You Face Discrimination

If you believe your rights are being violated, act promptly. Begin with clear, written communication to your landlord outlining your request or concern. Document all interactions with dates and details for your records.

• Communicate your need or issue clearly, preferably by email or letter.
• Keep copies of all documents, including correspondence and medical notes (if needed for accommodation).
• If unresolved, consider filing a complaint with the appropriate tribunal.

For other general landlord-tenant concerns that may intersect with discrimination (such as maintenance, repairs, or rent), see Common Issues Tenants Face and How to Resolve Them.

Where to Get Legal Support in Ontario

Several organizations in Ontario offer free or low-cost legal advice for tenants experiencing discrimination or accessibility challenges. These include:

• Legal Aid Ontario
• Human Rights Tribunal of Ontario (HRTO) – handles discrimination complaints
• Landlord and Tenant Board (LTB) – resolves tenancy-specific disputes
• Local community legal clinics

Contacting these organizations early can help ensure you understand your rights and all available remedies.

How to File a Human Rights Complaint

If talking to your landlord does not solve the issue, you can file a discrimination complaint with the Human Rights Tribunal of Ontario. The main form is:

• Form 1 – Application to the Human Rights Tribunal of Ontario
  When to use it: Use this form if you believe your landlord has discriminated against you in your housing due to a protected ground (for example, refusing accommodations for your disability).
  Practical example: A tenant with a mobility impairment is denied permission to install a ramp at the entrance. This tenant completes Form 1 and submits it to the HRTO.
  Access Form 1 and filing instructions here.

After you file, the Tribunal will review your complaint and may offer mediation. If the issue isn’t resolved, it may proceed to a hearing.

Accessibility Complaints at the Landlord and Tenant Board

Some accessibility disputes – like requests for repairs to common areas, or denial of essential modifications – can also be addressed at the Landlord and Tenant Board under the Residential Tenancies Act, 2006. Example forms:

• Form T2: Application About Tenant Rights
  When to use it: If your right to reasonable enjoyment or accommodation has been violated. For example: your landlord refuses to fix a broken elevator needed for accessibility.
  Practical example: A tenant whose landlord ignores requests to repair the only elevator can file Form T2.
  Download Form T2
• Form T6: Tenant Application About Maintenance
  When to use it: When your landlord is not maintaining the rental property, which may include accessibility features (like ramps or accessible bathrooms).
  Practical example: If handrails are not repaired despite requests, file Form T6 with the Board.
  Download Form T6

The LTB may order the landlord to make repairs, permit modifications, or pay compensation in some cases.

Other Options for Support and Information

• Contact your local community legal clinic for case-specific guidance.
• If you’re searching for a new, accessible place to live or want to view your rental rights by city, Explore Houseme for nationwide rental listings.
• Additional tenant protections are explained on the Obligations of Landlords and Tenants: Rights and Responsibilities Explained page.

FAQ

1. What is considered discrimination by a landlord in Ontario?
   Discrimination includes unfair treatment based on race, disability, family status, age, and other protected grounds under Ontario’s Human Rights Code, such as refusing reasonable accommodations for accessibility.
2. Can my landlord refuse to allow changes for accessibility?
   No. If a modification is needed for your disability and you cover the cost, landlords must permit it unless it causes them undue hardship.
3. Which tribunal deals with housing discrimination and accessibility?
   The Human Rights Tribunal of Ontario handles discrimination complaints. The Landlord and Tenant Board can also address accessibility issues related to repairs or enjoyment of the home.
4. What official forms should I use for a discrimination or accessibility dispute?
   Use Form 1 for the Human Rights Tribunal; use Form T2 or T6 for the Landlord and Tenant Board, depending on your specific issue.
5. Where can I read more about Ontario tenant rights?
   See Tenant Rights in Ontario for a full summary.

How To

1. How do I file a human rights complaint about discrimination in my rental?
   Gather all evidence of the discrimination, complete Form 1 from the HRTO website, and submit it online or by mail.
2. How can I request accessibility modifications in my unit?
   Write to your landlord requesting approval for specific accessibility changes, providing medical documentation if needed. If refused, consider applying to the LTB using the Form T2.
3. How do I file a repair or maintenance application about accessibility?
   Complete Form T6 and submit it to the Landlord and Tenant Board, describing how the issue affects your accessibility needs.
4. How do I document and report discrimination?
   Keep detailed records of each incident, including emails or letters to your landlord, and attach this evidence when filing your complaint.

Key Takeaways

• Ontario law protects tenants from discrimination and supports accessibility needs in rental housing.
• Practical legal support is available from the Human Rights Tribunal, Landlord and Tenant Board, and local legal clinics – know which form and process match your situation.
• Document everything and act early to protect your rights, including filing official forms if necessary.

Need Help? Resources for Tenants

• Human Rights Tribunal of Ontario (HRTO): For discrimination and accessibility complaints in housing
• Landlord and Tenant Board (LTB): For rental housing disputes under the Residential Tenancies Act
• Legal Aid Ontario: Free legal support for eligible tenants
• Find your local legal clinic by region
• See Tenant Rights in Ontario for a summary of your protections

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1. Residential Tenancies Act, 2006 – Ontario

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