Avoiding Discrimination and Accessibility Mistakes in PEI Rentals

Renting a home in Prince Edward Island should always be fair and barrier-free. Yet, discrimination and accessibility issues can still arise during the rental process. Whether you're searching for a new place or already living in a rental, knowing how to avoid common mistakes can help protect your rights and support inclusive living for all tenants in PEI.

What Counts as Discrimination in PEI Rentals?

Under the Prince Edward Island Human Rights Act, tenants are protected from discrimination based on race, ethnic origin, colour, religion, sex, gender identity, sexual orientation, marital status, family status, disability, age, source of income, and more. Landlords cannot refuse to rent, evict, or treat you differently for any of these reasons.^[1]

• Denying Rentals: Landlords cannot reject your application because of a disability, children, or other protected grounds.
• Different Terms: Charging higher rent or offering different lease terms due to a protected ground is not allowed.
• Advertisements: Rental ads should not state a preference or restriction based on race, age, or other protected status.

What About Accessibility?

Accessibility means everyone—regardless of ability—can safely and fully use their rental home. The law requires landlords to make reasonable efforts (called "accommodations") if you need changes because of a disability, as long as it doesn't cause the landlord undue hardship.

• Examples include allowing service animals, installing grab bars, or providing reserved parking close to the entrance for tenants with mobility challenges.
• Landlords must handle these requests using good faith and a respectful process.

Common Mistakes Tenants and Landlords Make

Here's what often goes wrong—and how to avoid issues:

• Not Documenting Requests: Always make accessibility requests or report discrimination in writing (email or letter).
• Assuming All Modifications Are Allowed: Some changes may require landlord approval or need to follow building codes.
• Missing Early Red Flags: If a landlord’s ad or screening questions seem discriminatory, keep a record and consider reporting the concern.

Steps to Protect Your Rights

Addressing discrimination or accessibility concerns early can help resolve issues quickly.

1. Communicate Clearly: If you need accommodations, describe your needs and propose reasonable solutions. Provide relevant medical documentation if needed.
2. Document Everything: Keep copies of emails, messages, and any responses.
3. Know Your Rights and Responsibilities: Familiarize yourself with the law and the rights of both tenants and landlords.
4. File a Complaint: If the issue isn’t resolved, you can file a discrimination complaint with the PEI Human Rights Commission. For issues related to accessibility or rental disputes, contact the Office of Residential Tenancy (the PEI residential tenancy tribunal).

Relevant PEI Forms

• Application for Resolution of Dispute (Form 2A): Use this form to request a hearing on rental disputes, including discrimination or failure to accommodate.
  Download Form 2A from the PEI government. For instance, if your landlord refused to allow an accessibility ramp, complete and submit this form to the Office of Residential Tenancy.
• Human Rights Complaint Form: For discrimination issues beyond tenancy disputes, fill out the complaint form at the PEI Human Rights Commission.

Tenants and landlords in Prince Edward Island have defined responsibilities. To understand yours, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Preventing Issues: Tenant Best Practices

• Read your lease carefully and ensure it doesn't contain illegal or discriminatory clauses.
• If you notice a problem, address it early in writing.
• Use official channels to report or resolve serious issues.

You can also Find rental homes across Canada on Houseme to begin your search with confidence.

FAQ: Discrimination & Accessibility in PEI Rentals

1. What is considered discrimination in a PEI rental?
   Discrimination can include refusing to rent or offering different terms because of your race, gender, disability, age, or family status. This is not allowed under PEI law.
2. Can a landlord refuse to rent to someone who uses a service animal?
   No. Under PEI law, service animals are an accommodation for disability and must be allowed unless it causes the landlord undue hardship.
3. How do I request modifications to my rental for accessibility?
   Contact your landlord in writing, explain your needs, and, if required, include a note from your healthcare provider. Landlords must consider your request and respond reasonably.
4. What can I do if I experience discrimination?
   You can file a complaint with the PEI Human Rights Commission or, for tenancy disputes, apply with the Office of Residential Tenancy using Form 2A.
5. Are there any resources for learning more about tenant-landlord rights in PEI?
   Yes, see Tenant Rights and Landlord Rights in Prince Edward Island for a detailed overview.

How To: Filing a Discrimination or Accessibility Complaint in PEI

1. How do I file a complaint if a landlord discriminates against me?
   Gather evidence and complete the Human Rights Complaint Form or the Application for Resolution of Dispute (Form 2A), then submit it to the relevant commission or tribunal.
2. How can I ask for accessibility changes to a rental unit?
   Contact your landlord in writing, describe your accommodation needs, and propose reasonable solutions. Ensure you keep written records of all correspondence.
3. How do I prepare for a hearing about discrimination or accessibility?
   Review your application, organize your evidence (emails, letters, photos), and consider seeking help from advocacy services before your hearing.

Key Takeaways

• Discrimination and accessibility concerns are taken seriously under PEI law—document concerns and act early.
• Use official forms and processes for complaints or modifications.
• Keep informed about your rights to prevent and resolve issues quickly.

Need Help? Resources for Tenants

• Office of Residential Tenancy – Dispute resolution and tenancy help
• PEI Human Rights Commission – Discrimination complaints and advice
• Tenant Rights and Landlord Rights in Prince Edward Island
• PEI Council of People with Disabilities – Accessibility information and resources

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1. Prince Edward Island Human Rights Act, read the PEI Human Rights Act
2. PEI Rental of Residential Property Act, official legislation text
3. Office of Residential Tenancy, about PEI tenancy tribunal and guidance

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