Facing discrimination as a tenant in Ontario can be discouraging, but there are clear steps and resources to help you assert your rights. Whether it’s unfair treatment due to your race, family status, disability, or another protected ground, Ontario law provides strong protections for renters. This guide explains in simple terms how to prove discrimination in housing, what evidence you need, and how to navigate the complaint process.

Understanding Discrimination in Ontario Rentals

Discrimination in rental housing means treating someone unfairly or denying them a home because of personal characteristics protected by law. Ontario’s Human Rights Code makes it illegal for landlords to discriminate based on:

• Race, colour, ancestry, or ethnic origin
• Place of origin or citizenship
• Religion or creed
• Sex, sexual orientation, gender identity or expression
• Age, marital or family status
• Disability
• Receipt of public assistance

If you believe your rental application was denied, your tenancy was ended, or you faced negative treatment for one of these reasons, you may have experienced discrimination.

Your Rights Under the Law

Ontario tenants are protected by the Residential Tenancies Act, 2006[1] and the Human Rights Code. Landlords cannot refuse to rent, evict, or treat you differently because of a protected characteristic.

For a detailed summary of your rights, visit Tenant Rights in Ontario.

Examples of Rental Discrimination

• Refusing to rent to tenants with children
• Setting different rental prices based on race or ethnicity
• Denying accessible features needed by tenants with disabilities
• Using stereotypes to select or reject applicants

Understanding what qualifies as discrimination is the first step in preparing a strong case.

Key Evidence to Prove Discrimination

Proving discrimination often relies on showing patterns, statements, or decisions that unfairly targeted you. Gather as much clear evidence as you can, such as:

• Written communications (emails, text messages, letters) where discriminatory reasons are mentioned
• Notes from phone calls or in-person interactions (note dates, times, and any witnesses)
• Rental ads with language that excludes certain groups
• Witness statements from others who saw or heard the unfair treatment
• Records of your rental application and how other applicants were treated

Always keep copies of your rental application, deposit receipts, and any correspondence with the landlord. Being organized can make your case stronger. For practical tips on dealing with common rental issues, see Common Issues Tenants Face and How to Resolve Them.

Steps to File a Discrimination Complaint in Ontario

There are two main places you can bring a discrimination complaint: the Human Rights Tribunal of Ontario (HRTO) for claims under the Human Rights Code, and the Landlord and Tenant Board (LTB) for tenancy issues under the Residential Tenancies Act. In some cases, you may need to file with both, depending on your situation.

Filing with the Human Rights Tribunal of Ontario (HRTO)

The HRTO handles complaints (called "applications") where discrimination based on the Human Rights Code is suspected. Here’s how you start:

• Complete Form 1: Application under section 34 of the Human Rights Code
• The form lets you explain what happened, when, and why you believe it was discrimination
• Submit your evidence along with the form
• You can file online, by mail, or in person

Where to get the form:

• Form 1 - Application under section 34 of the Human Rights Code

Filing at the Landlord and Tenant Board (LTB)

If discrimination resulted in an eviction notice, increased rent, or impacted your tenancy rights, you may be able to file a complaint at the Landlord and Tenant Board. For instance, if you received an eviction notice that you believe is discriminatory, you can contest it here.

• Use LTB Form T2: Application about Tenant Rights
• Describe the discrimination and attach your supporting documents

• LTB Form T2 – Application about Tenant Rights

The LTB may order the landlord to stop the behaviour, pay compensation, or reverse an eviction, depending on your case.

How the Complaint Process Works

After you apply to the HRTO or LTB, there will usually be a written response from the other party. The tribunal may offer mediation, or hold a hearing, where both sides present evidence. You can represent yourself or bring a support person or legal representative.

Tips: Building Your Best Case

• Write down everything you remember about what happened, including dates, places, and people involved
• Keep all correspondence and official documents together
• If you have witnesses, ask them for written statements
• Respond to all letters or requests from the tribunal on time
• Consider getting help from a legal clinic or tenant support service

For a refresher on the responsibilities of both landlords and tenants, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Want to find rentals from fair and diverse landlords? Explore Houseme for nationwide rental listings featuring properties across Ontario and all of Canada.

FAQ: Proving Discrimination as a Tenant in Ontario

1. What qualifies as rental discrimination in Ontario?
   Discrimination is any denial or limitation in housing based on a personal trait protected under the Human Rights Code, such as race, disability, family status, or source of income.
2. What kind of evidence is most useful to prove discrimination?
   Written records, emails, rental ads, witness statements, and copies of your rental application and landlord replies are all helpful.
3. Where do I file a rental discrimination complaint?
   You can apply to the Human Rights Tribunal of Ontario (for Code violations) or the Landlord and Tenant Board (for tenancy issues). Sometimes, both may be appropriate.
4. Is there a deadline for filing a discrimination complaint?
   Yes. For the Human Rights Tribunal of Ontario, the deadline is generally one year from when the incident happened.
5. Can a landlord evict me if I file a discrimination complaint?
   No, retaliation for filing a discrimination complaint is prohibited by law. If you face this, let the tribunal know immediately.

Conclusion

• Discrimination in Ontario housing is illegal—tenants have clear rights under the law
• Strong, organized evidence is crucial to proving your case
• Support from government tribunals and tenant organizations is available for those who need help asserting their rights

With knowledge and the right evidence, tenants can take action and help ensure fair treatment for all renters in Ontario.

Need Help? Resources for Tenants

• Human Rights Tribunal of Ontario (HRTO) – For complaints about discrimination based on the Human Rights Code
• Landlord and Tenant Board (LTB) – For tenancy disputes, evictions, and complaints under the Residential Tenancies Act
• Ontario Tenants Rights (advocacy and support)
• Contact your local community legal clinic for free advice and support
• Learn more at Tenant Rights in Ontario

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1. Residential Tenancies Act, 2006 (Ontario)
2. Ontario Human Rights Code
3. Landlord and Tenant Board (Tribunals Ontario)
4. Human Rights Tribunal of Ontario

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