Discrimination & Accessibility Checklist for PEI Tenants

Living in a rental property should be free from discrimination and accessible to everyone in Prince Edward Island. As a tenant, you have important rights and protections under both provincial tenancy law and human rights law. This guide offers a complete discrimination and accessibility checklist, highlights your legal protections, and explains practical steps to take if you experience issues in your rental home.

Your Rights: Discrimination and Accommodation in PEI Rentals

In Prince Edward Island, it is illegal for landlords to discriminate against tenants or prospective tenants based on protected characteristics under the Human Rights Act (PEI). This means a landlord cannot refuse to rent, evict, or treat you differently because of your:

• Race, colour, ethnic or national origin
• Religion or creed
• Sex, sexual orientation, gender identity/expression
• Age
• Physical or mental disability (including need for a service animal or mobility device)
• Marital or family status
• Source of income (legal)

Landlords are also required to provide reasonable accommodation for tenants with disabilities, unless it would cause undue hardship. This could include allowing service animals, making accessibility modifications, or adjusting existing policies.

Essential Checklist for Tenants: Discrimination & Accessibility

• Application Stage: Ensure you are not asked discriminatory questions (such as about your religion, ethnicity, or disability), and that applications are assessed fairly.
• Rental Process: Confirm that rental advertisements and selection criteria do not exclude anyone based on protected grounds.
• Reasonable Accommodations: Request accessibility changes or policies (like grab bars, ramps, or permission for a service animal) in writing, if needed. Your landlord should consider and respond to these requests promptly.
• During Tenancy: Watch for differential treatment, such as harassment or denial of repairs/maintenance due to a personal characteristic.
• Evictions and Rent Increases: Ensure these decisions are not motivated by discrimination. Landlords must have a legal reason unrelated to any protected ground.
• Building Accessibility: Common areas (like hallways and laundry rooms) should meet basic accessibility standards.

Tip: Document Everything

Forms and Complaints: Protecting Your Rights

If you experience discrimination or your landlord refuses a reasonable accommodation, you have options:

• Human Rights Complaint:
  • Form Name: Human Rights Complaint Form
  • When to Use: When you believe your rights under the Human Rights Act have been violated by a landlord’s actions or failure to accommodate.
  • How to Use: Fill out the form with details about the discrimination, including dates and supporting documents. Submit it to the PEI Human Rights Commission.
  • Official Human Rights Complaint Form
• Residential Tenancy Application:
  • Form Name: Application for Orders (Form 2)
  • When to Use: If you need to resolve an issue like repairs, interference with your rights, or want a hearing before the Office of the Director of Residential Rental Property.
  • How to Use: Complete with details of your tenancy concern and submit to the Office of the Director of Residential Rental Property.
  • Official Application for Orders (Form 2)

Prince Edward Island Tenancy Laws and Boards

The Office of the Director of Residential Rental Property is the tribunal responsible for resolving rental issues, enforcing the Rental of Residential Property Act^[1], and hearing disputes. For issues related specifically to discrimination or accessibility, you may need to also contact the PEI Human Rights Commission.

You can read more about renting laws and tenant protections at Tenant Rights and Landlord Rights in Prince Edward Island.

Checklist for Access and Safety

Use the following checklist to help ensure your rental is both accessible and free from discrimination:

• Are all application and rental processes clearly non-discriminatory?
• Is the building free of physical barriers (steps, narrow doors), or has the landlord helped modify them if needed?
• Have you requested (and received) reasonable accommodations for accessibility?
• Are service or support animals permitted with appropriate documentation?
• Have you been informed of your rights and how to file a complaint?

If you answered ‘no’ to any of the above, consider reaching out to advocacy groups or submitting an official complaint.

Health and Safety Connection

Unsafe conditions or lack of accessibility features may also relate to your right to a healthy and safe rental. Learn more at Health and Safety Issues Every Tenant Should Know When Renting.

Resolving Common Issues and Moving Forward

If you experience ongoing discrimination or inaccessibility after raising concerns, consider these actions:

• Keep communication respectful and in writing.
• Follow up with your landlord or property manager with specific, documented requests.
• If problems persist, use the appropriate forms to start a formal complaint process with either the tenancy board or Human Rights Commission.

For more on resolving rental challenges, see Common Issues Tenants Face and How to Resolve Them.

Looking for a new, more accessible place to live? Find rental homes across Canada on Houseme.

1. What should I do if my landlord refuses to accommodate my disability?
   If your landlord denies a reasonable request (like installing a ramp or allowing a support animal), start by putting your request in writing and explain why the accommodation is necessary. If refused again, gather evidence and consider filing a complaint with the PEI Human Rights Commission or the tenancy tribunal noted above.
2. Can a landlord evict me because of my family or marital status?
   No. Under PEI’s laws, evicting or pressuring you to leave due to your family situation (such as having children or being married/divorced) is illegal discrimination.
3. Are all rental units in PEI required to be accessible?
   Not all existing buildings are fully accessible, but landlords must make reasonable modifications if needed for your disability, unless it causes them undue hardship.
4. How do I file a human rights complaint about rental discrimination?
   Complete the Human Rights Complaint Form through the PEI Human Rights Commission and include any supporting documents like photos, emails, or notes about the issue.
5. Where can I learn more about my tenant rights in Prince Edward Island?
   See Tenant Rights and Landlord Rights in Prince Edward Island for a detailed overview.

1. How can I request an accessibility modification?
   Submit a written request to your landlord explaining your needs. If possible, suggest a specific solution (e.g., “I require a lever door handle due to mobility limitations”). Include any documentation from a healthcare provider if needed.
2. How do I document discrimination I experience?
   Keep a dated log of incidents, save all written communications, and gather any physical evidence or witness statements. Documentation is crucial for complaints.
3. How do I submit a formal complaint about discrimination?
   Download and complete the Human Rights Complaint Form from the PEI Human Rights Commission website, then submit it as directed (in person, by mail, or online).
4. What steps should I take if I feel unsafe due to lack of accessibility?
   First, alert your landlord in writing. If no improvement occurs, you may file an application with the Office of the Director of Residential Rental Property using Form 2.

Need Help? Resources for Tenants

• Office of the Director of Residential Rental Property – Rental disputes and applications
• PEI Human Rights Commission – Discrimination complaints and advice
• Community Legal Information (PEI) – Free legal guidance for tenants
• Tenant Rights and Landlord Rights in Prince Edward Island

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1. Rental of Residential Property Act (PEI)
2. Human Rights Act (PEI)

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