Understanding the HRTO and the LTB
The HRTO enforces the Human Rights Code and hears claims about discrimination and failure to accommodate. The LTB enforces rules under the Residential Tenancies Act, 2006 and hears most tenancy disputes about rent, eviction and repairs [1][2][3].
When the HRTO is the right place
- Discrimination because of disability, family status, race, gender identity or another protected ground.
- Refusal to accommodate a disability-related need (for example, a request for an accessible unit or a reasonable modification).
- Harassment or discriminatory comments by a landlord or neighbour tied to a protected ground.
When the LTB is the right place
- Eviction proceedings, including applications for unpaid rent or termination for cause.
- Disputes about rent payments, rent deposits, rent arrears and rent increases.
- Repair, maintenance and habitability issues that affect your living conditions.
Forms you may need and when to use them
Common LTB applications include the Application to the Landlord and Tenant Board (for example, the LTB application used to seek eviction or to collect arrears). Use the LTB forms when you want an order about rent, tenancy termination or repairs; submit evidence like photos, repair requests and a rent ledger. For discrimination matters, start an HRTO application through the HRTO intake process on the Tribunals Ontario site and explain the protected ground and what you are asking the tribunal to do.
Practical example: if your landlord refuses to install a mobility ramp for a disability, the HRTO handles the accommodation claim. If your landlord repeatedly fails to fix heating or hot water, the LTB is usually the right forum to request an order for repairs or a rent abatement.
How to decide and prepare
- Identify the main issue clearly: discrimination (HRTO) or tenancy rule under the RTA (LTB).
- Gather evidence: dated photos, written repair requests, emails, text messages and witness names.
- Find and complete the correct form: LTB applications for tenancy orders or the HRTO application for discrimination.
- Watch deadlines and limitation periods; file promptly to protect your rights.
For repair and health concerns, see Health and Safety Issues Every Tenant Should Know When Renting for steps you can take before filing with the LTB. For guidance on complaint wording and request letters, review How to Handle Complaints in Your Rental: A Tenant's Guide.
If you need to look for a new place while a dispute is ongoing, Find rental homes across Canada on Houseme to search listings and plan next steps.
FAQ
- When should I file with the HRTO instead of the LTB?
- File with the HRTO when your issue is discrimination or failure to accommodate under the Human Rights Code; use the LTB for tenancy disputes under the Residential Tenancies Act.
- Can I file at both places at the same time?
- Sometimes both processes can relate to the same facts. Seek advice and consider timing; filing duplicate claims without clear grounds is not usually helpful.
- What evidence helps at the LTB or HRTO?
- Clear dated photos, written repair requests, emails, rent receipts, witness names and a timeline of events are very useful.
How-To
- Decide whether the issue is discrimination (HRTO) or a tenancy rule under the Residential Tenancies Act (LTB).
- Collect evidence: photos, messages, receipts and a short written timeline of events.
- Complete the correct application form (LR/TB forms for LTB cases or the HRTO application) and attach supporting documents.
- File the application and pay any required fee, then watch for a hearing date and prepare your testimony and exhibits.
Help and Support / Resources
- Landlord and Tenant Board (Tribunals Ontario)
- Human Rights Tribunal of Ontario (HRTO)
- Residential Tenancies Act, 2006 (consolidated law)
