Challenging an Unfair Rental Denial in Prince Edward Island

Facing a rental application denial can be frustrating, especially if you believe the decision was unfair or discriminatory. In Prince Edward Island, tenants have legal protections against discrimination and can take steps to challenge an unjust denial. This guide explains your rights, important forms, and what to do if you think a landlord has treated you unfairly.

Your Rights When Applying for a Rental in PEI

Landlords in Prince Edward Island must follow the Rental of Residential Property Act and the Human Rights Act. They cannot deny your rental application because of disability, age, race, gender, family status, or other protected grounds. These laws ensure all prospective tenants are treated fairly and equally¹.

If you’re interested in learning about broader protections for tenants and landlords, visit Tenant Rights and Landlord Rights in Prince Edward Island.

Common Reasons for Unfair Rental Denial

Rental denial is only unlawful if the decision is based on a protected characteristic. Some examples include:

• Refusing to rent because you have children (family status)
• Denying your application due to your ethnic background
• Not renting to you because you use a service animal (disability)

It is not illegal for landlords to deny rentals for reasons like insufficient income, a negative reference, or credit concerns, as long as these reasons are applied equally to all applicants.

Evidence of Discrimination

• Emails or texts from the landlord stating or implying a discriminatory reason
• Witnesses who heard the landlord refuse based on a protected ground
• Rental ads specifying “adults only” or “no children”

What to Do If Your Rental Application Was Unfairly Denied

To challenge an unfair rejection, follow these steps:

• Keep all communications and documents related to your application.
• Write down details about the denial: when, how, and what was said.
• Gather evidence, such as messages or letters, and note any witnesses.
• Check if the denial could be related to a protected characteristic under the PEI Human Rights Act.
• Try to communicate calmly with the landlord and ask for an explanation in writing.

How to File a Discrimination Complaint in PEI

The PEI Human Rights Commission handles claims of rental discrimination. If you believe your application was denied for unfair reasons, you may file a complaint with the Commission.

Filing the Human Rights Complaint Form

• Form: Human Rights Complaint Form
• When to use: If you feel you’ve been discriminated against by a landlord or property manager in the rental process
• How to use: Download the form from the official Human Rights Commission website, fill it out with your information and details about the denial, and submit it to the Commission by mail, email, or in person.

If the complaint is accepted, the Commission will contact both you and the landlord to try and resolve the issue or conduct an investigation if necessary.

Understanding the Tenancy Tribunal’s Role

Rental disputes that don’t involve discrimination (like application deposits or misleading information) may be handled by the PEI Residential Tenancy Office. For discriminatory denials, however, the Human Rights Commission is the appropriate authority.

For more information about rights and obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Tips for Protecting Yourself When Applying for a Home

To protect your rights during the rental application process:

• Be cautious about providing deposits; learn more at Understanding Rental Deposits: What Tenants Need to Know.
• Keep a record of your applications and communications.
• If you feel pressured or are unsure about your rights, contact a tenant support group or the Human Rights Commission for advice.

Looking for a New Rental Home?

If you need to continue your search, Find rental homes across Canada on Houseme for a wide selection of apartments and houses in PEI and beyond.

Frequently Asked Questions

1. Can a landlord in PEI refuse to rent to someone with children?
   No. Denying a rental application based on family status (such as having children) is prohibited under the PEI Human Rights Act.
2. What if I think I was denied for financial reasons?
   Landlords may consider income or credit history, as long as these criteria are applied to all applicants equally and are not a pretext for discrimination.
3. What is the time limit for filing a discrimination complaint?
   You must usually file a complaint with the PEI Human Rights Commission within one year of the incident.
4. Who investigates rental discrimination complaints in PEI?
   The PEI Human Rights Commission is responsible for investigating these complaints.
5. Where can I learn more about tenant rights and landlord obligations in Prince Edward Island?
   Visit the Tenant Rights and Landlord Rights in Prince Edward Island page for a complete overview.

Key Takeaways

• Landlords in PEI cannot deny rental applications for discriminatory reasons.
• Keep documentation and evidence if you believe you were unfairly denied.
• The PEI Human Rights Commission is the place to file a discrimination complaint.

Need Help? Resources for Tenants

• PEI Human Rights Commission: File discrimination complaints or get advice.
• PEI Residential Tenancy Office: General tenancy disputes, forms, and guidance.
• Community Legal Information PEI: Free legal information and support for tenants (legalinfopei.ca).

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1. See the PEI Human Rights Act for full legal protections.
2. Applications for rental accommodations must also comply with the Rental of Residential Property Act in Prince Edward Island.

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