Tenants in Ontario who receive ODSP or Ontario Works can face subtle or overt source-of-income discrimination when looking for housing or during a tenancy. This article explains what that discrimination looks like, how provincial and human-rights rules protect renters, and practical steps you can take if you think a landlord treated you differently because of public assistance. You will find clear explanations of relevant laws, the official bodies that handle complaints, sample steps to file claims, and links to forms and resources that help tenants assert their rights in Ontario.
What counts as source-of-income discrimination?
Source-of-income discrimination happens when a landlord refuses to rent, imposes extra conditions, or treats someone worse because they receive income from ODSP or Ontario Works. Examples include advertising “no social assistance,” demanding higher deposits or rent because of benefits, or steering applicants away from a unit after learning about their public assistance. If you experience these actions, they may violate human rights protections and tenancy rules in Ontario[1].[3]
How the law and tribunals can help
Two main legal routes can apply in Ontario: the Residential Tenancies Act and the Human Rights Code. The Residential Tenancies Act governs most landlord-tenant matters, while the Human Rights Tribunal of Ontario (HRTO) handles discrimination claims under the Human Rights Code. For tenancy problems like illegal deposits, repairs, or eviction threats you may also deal with the Landlord and Tenant Board (LTB)[1][2].[3]
What to document
Good records make your case easier to prove. Keep copies of messages, ads, emails, payment records, receipts, photos, and notes of conversations with dates and names.
- Save emails, texts, and screenshots of ads or messages you believe show discrimination.
- Keep rent receipts and proof of ODSP or Ontario Works payments to show your stable income source.
- Record dates, times, and what was said during phone calls or in-person meetings with landlords or agents.
Common landlord practices and your rights
Landlords may sometimes ask about how rent will be paid. It is okay for them to ask for proof of ability to pay, such as bank statements or a guarantor, but they cannot refuse or impose harsher terms solely because rent comes from ODSP or Ontario Works. Landlords also cannot legally require tenants on social assistance to pay extra deposits beyond what the Residential Tenancies Act allows[1].
Steps to try before filing a formal complaint
Often a simple, well-documented approach resolves the issue without a tribunal. Consider the following.
- Send a short written note or email to the landlord asking for clarification and keep a copy.
- Contact a local legal clinic, tenant organization, or housing helpline to get free advice and next-step options.
- If the listing discriminates in public advertising, take screenshots and note where and when you saw it.
When to file with the Human Rights Tribunal or the Landlord and Tenant Board
If informal steps don’t work and you have evidence the landlord acted because of your source of income, you can file a discrimination application with the Human Rights Tribunal of Ontario. For tenancy-specific remedies (repairs, arrears disputes, eviction matters) you may also apply to the Landlord and Tenant Board. Each forum has its own processes, timelines, and outcomes, so choosing the right one matters—legal advice can help.
Official forms and when to use them
Below are key Ontario forms and when a tenant might use each. Follow the guidance on the official sites when completing forms.
- Residential Tenancies Act, 2006 — consult the Act text for rules on deposits, rent, and notices; use it when you need to understand legal limits on security deposits and landlord obligations[1].
- Landlord and Tenant Board applications — use the LTB application forms for tenancy disputes such as eviction or rent arrears; start at the LTB website for guidance and specific application names and numbers[2].
- Human Rights Tribunal of Ontario application — file with the HRTO when your claim is discrimination based on receipt of public assistance; follow the HRTO application instructions and examples for supporting documents[3].
FAQ
- Can a landlord refuse to rent to someone because they get ODSP or Ontario Works?
- No. Refusing to rent, charging extra fees, or setting different terms solely because someone receives social assistance may be discriminatory under Ontario human-rights rules and can be challenged through the Human Rights Tribunal of Ontario[3].
- What evidence helps if I face discrimination?
- Helpful evidence includes screenshots of ads, text or email exchanges, a copy of the rental listing, receipts showing regular payments, witness names, and dates of interactions with the landlord. Keep everything organized and dated.
- Can a landlord demand a larger deposit from someone on social assistance?
- No. In Ontario, landlords are limited in what deposits they can collect; demanding extra money solely because a tenant receives ODSP or Ontario Works is likely unlawful under tenancy rules and can be challenged at the Landlord and Tenant Board[1][2].
How-To
- Gather evidence: save screenshots of listings, copies of emails or texts, payment receipts, and a timeline of events.
- Send a written notice or complaint to the landlord requesting an explanation and keep proof you sent it.
- Contact a legal clinic, tenant organization, or housing helpline to review your evidence and advise on whether to file with the HRTO or LTB.
- File the appropriate application with the HRTO for discrimination claims or with the Landlord and Tenant Board for tenancy remedies, attaching your evidence.
Key Takeaways
- Document all communications and save ads, messages, and receipts as evidence.
- Try a written request to the landlord and get advice from a legal clinic before filing forms.
- If discrimination continues, you can file with the HRTO or pursue tenancy rights at the LTB.
Help and Support / Resources
- Landlord and Tenant Board - Tribunals Ontario
- Human Rights Tribunal of Ontario
- Ontario Ministry of Municipal Affairs and Housing - Tenant resources
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