Discrimination in housing is a real concern for many tenants in Ontario. Knowing your rights and understanding how past cases have been handled can help you identify unfair treatment and take meaningful action. This article explores notable case studies, Ontario’s anti-discrimination laws, tenant recourse, and the steps you can take if you believe you have experienced discrimination in renting or housing. All guidance is current for Ontario residents.

Understanding Discrimination in Ontario Housing

Under Ontario’s Human Rights Code, landlords cannot refuse to rent, set different terms, or treat someone unfairly because of personal characteristics such as race, religion, gender, age, disability, family status, or other protected grounds. The Human Rights Tribunal of Ontario (HRTO) is the official body that hears and resolves discrimination complaints in housing.

Legislation in Focus

• Residential Tenancies Act, 2006: Governs landlord-tenant relationships and sets out rights and responsibilities.
• Ontario Human Rights Code: Prohibits discrimination in housing and provides remedies.

Discrimination can take many forms, such as refusing to rent to families with children or setting higher deposits for newcomers. For a general understanding of tenant-landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Ontario Case Studies: Examples of Housing Discrimination

Let’s consider some real cases from the Human Rights Tribunal of Ontario, illustrating common issues and legal outcomes.

• Case 1: Family Status Discrimination
  A tenant with young children applied for a unit. The landlord refused, stating the building was “adults only.” The HRTO found this violated the Human Rights Code and ordered compensation for discrimination.
• Case 2: Disability and Accessible Housing
  A tenant with mobility challenges requested a unit modification. The landlord denied the request, leading to a complaint. The Tribunal ruled that landlords must accommodate disabilities, unless it causes undue hardship.
• Case 3: Race and Source of Income
  A landlord denied an application after learning the applicant was reliant on social assistance and a newcomer. HRTO ruled in favour of the tenant, emphasizing landlords cannot refuse based on lawful income or race.

These cases confirm that the Human Rights Code protects tenants at every stage, from applying to moving out. Discrimination is not simply unfair treatment; it is illegal and subject to enforcement.

Legal Forms and How Tenants Can Take Action

If you believe you have faced discrimination, Ontario has streamlined processes and official forms tenants can use to assert their rights.

• Application to the HRTO (Form 1)
  This is the main form for filing a discrimination complaint. It requires details of the event, evidence (emails, texts, witness contacts), and your requested remedy. Use it as soon as possible after the incident.
  Download Application to the HRTO - Form 1 (PDF)
  Example: If a landlord denies you a unit due to your religion, use this form to launch a formal complaint at the HRTO.
• Landlord and Tenant Board (LTB) Forms
  For issues overlapping general tenancy rights, such as unlawful eviction, you may need forms like the T6: Tenant Application about Maintenance if a discrimination claim relates to failure to maintain your unit. Forms are available from the LTB.

Filing a Discrimination Complaint: Step-by-Step

While the process can seem intimidating, the HRTO and tenant support groups exist to help you navigate your rights.

• Collect documentation: Save all correspondence, notes, and information about the incident.
• Fill out Form 1 and include supporting evidence.
• Submit your form online, by mail, or in person to the HRTO.
• Participate in mediation (if offered) or prepare for a hearing, where you can present your case or be represented.

What Happens After Filing?

The HRTO reviews your application, may offer mediation, and sets a hearing if the complaint is not resolved. Successful tenants may be awarded compensation, policy changes, or other remedies. For other issues you face as a tenant, such as routine repairs or pests, review Common Issues Tenants Face and How to Resolve Them. You can also Explore Houseme for nationwide rental listings while searching for discrimination-free rental homes.

Know Your Rights: Provincial and National Protections

Both Ontario and federal legislation uphold your right to fair housing. Learn more in Tenant Rights in Ontario.

FAQ: Ontario Tenant Discrimination Issues

1. What is considered discrimination in Ontario rental housing?
   Discrimination includes unfair treatment based on protected characteristics like family status, race, disability, age, religion, income source, or gender, during any stage of renting.
2. Which forms do I use to report discrimination in housing?
   Use the HRTO Application Form 1 to launch a human rights complaint about housing discrimination. Forms are available on the HRTO website.
3. Can a landlord refuse to rent to families with young children?
   No. Refusing to rent to someone with children is discrimination based on family status, which is illegal in Ontario.
4. How long do I have to file a human rights application?
   You should file your application within one year of the incident, but exceptional circumstances may extend this period.
5. Where can I get help if I think I’ve experienced discrimination?
   Contact the Human Rights Legal Support Centre or a community legal clinic for free advice and support with your application.

Key Takeaways for Tenants Facing Discrimination

• Ontario’s laws and tribunal processes actively protect tenants from discrimination.
• Collecting documentation and acting promptly increases the likelihood of a successful outcome.
• Support is available from legal clinics, advocacy groups, and official government resources.

If you encounter discrimination, remember that you have the right to challenge it—and the tools to do so.

Need Help? Resources for Tenants

• Human Rights Tribunal of Ontario (HRTO): File discrimination complaints and learn about the process.
• Landlord and Tenant Board (LTB) Ontario: For tenancy-related issues and landlord-tenant disputes.
• Human Rights Legal Support Centre: Offers free legal support and advice to tenants facing discrimination.
• Legal Aid Ontario: For low-income tenants needing representation or legal information.
• Tenant Rights in Ontario: Overview of provincial rental rights and key facts.

---

1. Residential Tenancies Act, 2006 – Government of Ontario
2. Ontario Human Rights Code – Government of Ontario
3. Human Rights Tribunal of Ontario

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy