If you are a tenant in Ontario living with a mental health condition, you are protected against discrimination under both provincial and federal law. Knowing your rights can empower you to secure and maintain housing without fear of unfair treatment. In this article, we'll explain key legal protections, what to do if you face discrimination, and provide essential resources specific to Ontario tenants.

What Counts as Discrimination in Ontario Rentals?

Discrimination occurs when you are treated unfairly or denied services (like housing) because of a disability—including mental health conditions. In Ontario, landlords cannot refuse to rent, evict, or harass tenants because of a mental illness. This protection is guaranteed under the Ontario Human Rights Code and the Residential Tenancies Act, 2006^[1].

Key Protections for Tenants with Mental Illness

• Landlords cannot ask intrusive questions about your mental health beyond what is necessary to verify you can meet tenancy obligations.
• You have the right to request reasonable accommodations (e.g., alternative rent payment dates for income support, permission for service animals).
• Any notice to terminate or evict you must be based on valid reasons under the law, not your disability.
• Harassment, persistent intimidation, or denial of repairs due to mental illness are prohibited.

Becoming familiar with the Tenant Rights in Ontario will help you navigate your protections more confidently.

How to Recognize and Respond to Discrimination

If you believe you are being treated unfairly due to your mental health, document every instance in writing. Save copies of emails, texts, and notices from your landlord.

If you experience discrimination, you have the right to make a formal complaint. Acting early can help protect your housing and wellbeing.

Filing a Human Rights Application

The Human Rights Tribunal of Ontario (HRTO) investigates and resolves complaints of discrimination based on mental disability. To start, tenants can use the following government form:

• Form 1: Application to the Human Rights Tribunal of Ontario
  When to use: If you believe your rights were violated because of mental illness by a landlord or property manager.
  How to use: Describe what happened, provide dates, locations, and include supporting documents.
  Download Form 1 and instructions (Human Rights Tribunal of Ontario)

If your landlord threatens eviction or fails to comply with accommodation requests, you can also apply to the Landlord and Tenant Board (LTB) for your housing-related rights under the Residential Tenancies Act^[2].

Your Rights and Responsibilities

While tenants are protected, you are also expected to fulfill standard responsibilities: paying rent, maintaining your unit, and respecting other residents. If you have questions about your basic rights and obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Reasonable Accommodations in Rental Housing

Ontario law requires landlords to provide "reasonable accommodations" for tenants with documented mental health needs, as long as these changes do not cause "undue hardship" (such as excessive cost or safety issues for other tenants).

• Allowing a support person or service animal
• Flexible notice or payment arrangements
• Adaptations to written communication (like providing reminders or notices in simple language)

What is "Undue Hardship"?

Landlords are not required to offer accommodations that threaten safety, health, or create major financial difficulty. These are rare situations and assessed individually by the HRTO.

Key Ontario Legislation Protecting Tenants

• Residential Tenancies Act, 2006: Covers all tenancy matters, including evictions, rent, and maintenance.
• Ontario Human Rights Code: Prohibits housing discrimination and ensures equal treatment for persons with disabilities.

It's important to know how these laws empower you and how to take action if your rights are breached.

Taking Action: What to Do if Discriminated Against

• Document every incident of unfair treatment or refusal to accommodate.
• Submit Form 1 to the Human Rights Tribunal of Ontario as soon as possible (usually within one year of the incident).
• If facing eviction due to disability, file an application to the Landlord and Tenant Board using LTB forms—for example, Form T2 "Application about Tenant Rights."
  When to use T2: If your landlord is interfering with your rights or has harassed you due to your mental illness.
  LTB Forms and guides here.
• Reach out to tenant advocacy organizations for support, guidance, or legal assistance.

For additional provincial rental information, review Common Issues Tenants Face and How to Resolve Them.

FAQ: Ontario Tenant Discrimination and Mental Health

1. Can my landlord evict me or refuse to rent because of my mental illness?
   Landlords cannot evict or deny rental to someone solely because of a mental health disability. Doing so violates the Ontario Human Rights Code.
2. What should I include with my Human Rights Application?
   Include details about the incident(s), related documents or messages, and medical or professional letters as supporting evidence for your claim.
3. Does my landlord need to know about my diagnosis?
   No. Landlords require only information about your needs regarding reasonable accommodations, not your actual diagnosis or specific medical details.
4. How long does an application take to be resolved?
   Timelines can vary, but urgent matters (especially those impacting your housing security) may be prioritized by the HRTO or LTB.
5. Where can I find more information about my rights as a tenant?
   You can learn more on Tenant Rights in Ontario and by consulting the Human Rights Tribunal of Ontario.

Summary: Protecting Your Tenancy

• Ontario laws protect tenants with mental illness from discrimination and require reasonable accommodation.
• Both the Human Rights Tribunal of Ontario and the Landlord and Tenant Board can help resolve disputes.
• Keep documentation and act promptly if you feel your rights have been violated.

For those searching for accessible housing or a supportive rental community, Explore Houseme for nationwide rental listings and find your next home confidently.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB) - About applications and hearings
• Human Rights Tribunal of Ontario (HRTO) - Discrimination complaints and forms
• Residential Tenancies Act, 2006
• Community Legal Education Ontario (CLEO) - Tenant rights support
• CMHC Tenant Rights in Ontario
• Tenant Rights in Ontario

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1. Ontario Human Rights Code, section 2, 10, and 17 (Government of Ontario).
2. Landlord and Tenant Board (LTB) official website; Residential Tenancies Act, 2006.

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