Family Size Discrimination in PEI Rentals: Your Tenant Rights

Facing difficulty renting an apartment or home in Prince Edward Island because of your family size? Discrimination based on the number of children or family members is a real concern—and the law offers protection. This article explains your rights, steps you can take if you experience discrimination over family size, and where to find help.

What Is Family Size Discrimination in PEI Rentals?

Family size discrimination happens when a landlord refuses to rent to you or treats you unfairly because of how many people are in your household—often because you have children. In Prince Edward Island, this is a form of discrimination prohibited by law.

Under the Prince Edward Island Human Rights Act, landlords cannot deny you housing or impose unfair conditions based on "family status." This includes your relationship with children or dependent relatives. These laws ensure families—regardless of size—have equal access to rental housing.^[1]

What Prince Edward Island Law Says

The main legislation governing rental rights is the Prince Edward Island Residential Tenancy Act. It protects tenants against unjust treatment and sets out the obligations of both landlords and tenants.

Additionally, the PEI Human Rights Act (Section 2 and 10) specifically prohibits discrimination in housing based on family status or the presence of children.^[2]

Examples of Family Size Discrimination

• A landlord refuses to rent to a single parent with two children but is willing to rent to one adult occupant.
• Advertisements state "no children allowed" or "maximum two people" when the unit is suitable for more.
• Charging higher rent or additional deposits because of your family status.

Discrimination concerns can arise even after moving in. See Obligations of Landlords and Tenants: Rights and Responsibilities Explained for details on post-agreement rights.

How to Respond to Family Size Discrimination in PEI

If you suspect you've experienced discrimination:

• Record what happened. Note dates, times, who you spoke with, and exactly what was said or done.
• Save proof. Keep emails, texts, rental ads, or voicemail recordings if they mention family size or children.
• Don’t retaliate. Remain calm and professional if speaking with the landlord or property manager.

Filing a Human Rights Complaint

In Prince Edward Island, the PEI Human Rights Commission is the official body to handle discrimination complaints.

• Form Name: Human Rights Complaint Form
• How to Use: This form is for any tenant who believes they've been treated unfairly due to family size, children, or other protected grounds. Submit details of what happened and include any supporting evidence.
• Official Source: PEI Human Rights Complaint Form (PDF)

Practical Example: If you responded to a rental ad that said "no children" or were refused because you have a large family, complete the complaint form and submit it to the Human Rights Commission.

Bringing an Issue to the PEI Residential Tenancy Office

Some rental issues—such as illegal eviction or unfair rules imposed after you move in—fall under the scope of the PEI Residential Tenancy Office.

• Form Name: Application by Tenant (Form 2)
• When to Use: If a landlord tries to evict you or changes your lease due to your family size after you have moved in.
• Where to Find: Form 2 – Application by Tenant (PDF)

Submit Form 2 to the Residential Tenancy Office with details and supporting documents. For broad tenant protections, see Tenant Rights and Landlord Rights in Prince Edward Island.

Your Rights as a Tenant in Prince Edward Island

Every tenant has the right to be free from discrimination based on family status. Landlords cannot:

• Refuse to rent to you solely because you have children or a "large" family
• Impose unfair rules or extra charges due to your family situation
• Evict you for reasons tied to family size (unless truly overcrowded under health and safety codes)

For more on tenant and landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Tips: Finding Inclusive Rental Housing

• Be upfront about your household size and needs—but remember, the law is on your side.
• Search rental platforms that support families and offer filter options. Explore Houseme for nationwide rental listings.

If you face multiple barriers, you are not alone—tenant advocacy organizations and provincial resources can help.

Frequently Asked Questions: Family Size Discrimination in PEI Rentals

1. Is it legal for a landlord in PEI to refuse to rent to me because I have children?
   No. Discrimination based on family status—including having children—is prohibited under PEI law and the Human Rights Act.
2. Can a landlord set a "maximum people" limit?
   Landlords may have reasonable occupancy limits based on health or building codes, but they cannot make rules specifically excluding children or discriminating against large families.
3. What should I do if a landlord makes a discriminatory comment in writing or in an ad?
   Save the comment or ad, document what happened, and contact the PEI Human Rights Commission to file a complaint.
4. Who can help me if I need support during the complaint process?
   Tenant advocacy organizations, legal aid, and the PEI Human Rights Commission can explain your options and help you through the process.
5. Where can I find out more about my rights as a tenant in PEI?
   Visit Tenant Rights and Landlord Rights in Prince Edward Island for a comprehensive overview.

Summary: Key Takeaways for PEI Tenants

• Family status (including number of children) is a protected ground—you cannot be refused housing solely for this reason.
• Complaints can be made to the PEI Human Rights Commission or Residential Tenancy Office depending on the issue.
• If you experience discrimination, documenting the situation and seeking advice promptly can protect your housing rights.

Understanding and asserting your rights makes a difference. Inclusive housing is protected by law in PEI.

Need Help? Resources for Tenants

• PEI Human Rights Commission – File discrimination complaints; get info on your rights
• PEI Residential Tenancy Office – For tenancy applications/disputes or if facing eviction
• PEI Social Housing Programs – For help finding affordable, family-friendly housing
• General tenant and landlord law: Tenant Rights and Landlord Rights in Prince Edward Island

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1. PEI Human Rights Act, RSPEI 1988, c. H-12. View the Human Rights Act
2. PEI Residential Tenancy Act, RSPEI 1988, c. R-13. View the Residential Tenancy Act

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