Discrimination & Accessibility Rights for PEI Tenants

Understanding your rights around discrimination and accessibility is essential if you rent in Prince Edward Island. PEI tenants are protected under provincial and federal law against unfair treatment based on factors like age, disability, gender, and more. This guide explains core protections, provides practical advice, and outlines how to take action if those rights are violated.

What is Discrimination in PEI Rentals?

Discrimination means treating someone unfairly or differently because of a protected personal characteristic. Under the PEI Human Rights Act, rental housing providers cannot discriminate against tenants or applicants based on:

• Age
• Race, colour, ethnic or national origin
• Disability (physical or mental)
• Sex, sexual orientation, gender identity
• Religion or creed
• Marital or family status
• Source of income

For example, refusing to rent to someone because they receive social assistance, or not allowing children, is unlawful.

Examples of Discriminatory Practices

• Advertising “adults only” or “no kids” apartments
• Denying a rental application because of a disability or service animal
• Setting different rental terms, deposits, or rules based on race, gender, or income source

Both direct (“No one on ODSP!”) and indirect (creating rules that disproportionately affect one group) discrimination is not permitted.

Accessibility Rights for Tenants

Accessible housing allows everyone, regardless of mobility or ability, to live in comfort and safety. PEI’s laws require that landlords accommodate tenants with disabilities up to the point of undue hardship. Reasonable accommodations might include:

• Allowing a guide or service animal, even with a “no pets” policy
• Permitting installation of grab bars, ramps, or visual smoke alarms
• Designating accessible parking spots

If you ask for an accessibility-related change, your landlord must work with you to find a solution, unless it would cause significant difficulty or expense ("undue hardship").

Legal Protections for Tenants with Disabilities

• Landlords cannot refuse to rent to you because of a disability or service animal
• You’re entitled to modifications needed for safety and equal enjoyment of the unit

Accessibility complaints are taken seriously by the PEI Human Rights Commission.

If Discrimination Happens: Steps & Official Forms

If you believe you have been discriminated against by a landlord or property manager, you have a right to make a formal complaint. In PEI, this is done through the Prince Edward Island Human Rights Commission.

How to File a Human Rights Complaint in PEI

1. Document the incident. Record what happened, who was involved, and gather emails, texts, or witness statements.
2. Fill out the official Human Rights Complaint Form (Download here). This form is used to outline what occurred, including dates and details.
3. Submit the form. You can send the completed form by mail, email, or in person to the PEI Human Rights Commission.
4. Commission review. The Commission will assess your complaint, may request more information, and attempt to resolve the issue. If necessary, your case can proceed to a hearing.

For tenancy-specific disputes (like repairs, notices, or evictions), the PEI Residential Rental Property Office handles applications and disputes under the Residential Rental Property Act. These are separate from human rights complaints, but may overlap if discrimination is linked to issues of repairs or accessibility.

How This Connects to Other Tenant Rights

Discrimination and accessibility often intersect with other common rental concerns, such as:

• Getting repairs done or having safe, healthy living conditions. See Health and Safety Issues Every Tenant Should Know When Renting.
• Knowing your general protections as a renter in PEI – learn more at Tenant Rights and Landlord Rights in Prince Edward Island.
• Understanding Canada's best rental listings platform to find accessible and inclusive housing in your area.

Being informed helps you identify when your rights are at risk and what actions are available.

Your Responsibilities and Tips for Tenants

To maximize your protections, keep clear records of any discriminatory incidents, requests for accessibility modifications, and all communications with your landlord. If filing a complaint, detailed information will strengthen your case.

Maintaining respectful communication can help resolve many situations without formal action.

Common Questions: Discrimination & Accessibility for PEI Tenants

1. Can a landlord refuse to rent to someone with a service animal?
   No. Under both the PEI Human Rights Act and national standards, landlords cannot turn down a tenant because they require a guide dog or service animal.
2. What if my landlord won’t allow modifications like grab bars?
   Landlords must allow reasonable modifications for accessibility unless they can prove it would cause severe difficulty or cost. Always make requests in writing and provide documentation if needed.
3. What is considered ‘undue hardship’ for a landlord?
   If a requested accommodation is excessively costly or fundamentally changes the building, a landlord may be able to refuse. However, most typical modifications are required by law.
4. How do I file a discrimination complaint in PEI?
   Fill out the Human Rights Complaint Form and submit it to the PEI Human Rights Commission. They will review and may investigate your complaint.

How to Take Action Against Discrimination or Barriers

1. How do I gather evidence of discrimination?
   Keep all emails, written notes, texts, and take notes of conversations. Ask any witnesses for statements.
2. How do I formally request an accessibility modification?
   Submit a written request to your landlord detailing what you need and why. Include supporting documents if possible.
3. How do I submit the Human Rights Complaint Form?
   Download and fill out the form from the PEI Human Rights Commission website, then submit it by email, mail, or in person. Wait for the Commission to contact you about next steps.

Key Takeaways for PEI Tenants

• You have legal protection against discrimination in rental housing in PEI.
• Landlords must accommodate accessibility needs, with limited exceptions.
• Document incidents and file a complaint with the PEI Human Rights Commission if your rights are violated.

Need Help? Resources for Tenants

• PEI Human Rights Commission – Make a discrimination or accessibility complaint, get guidance, or access forms.
• PEI Residential Rental Property Office – Tenancy disputes (repairs, notices, evictions) and general rental info.
• Residential Rental Property Act – Read PEI’s up-to-date residential tenancy laws.
• Tenant Rights and Landlord Rights in Prince Edward Island – Quick facts on PEI tenant and landlord protections.

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1. PEI Human Rights Act: Read the Human Rights Act.
2. PEI Residential Rental Property Act: Read the Residential Rental Property Act.
3. PEI Human Rights Complaint Forms: Complaint Form download.
4. PEI Residential Rental Property Office: Contact and info.

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