Illegal Rental Screening in Prince Edward Island: Tenant Guide

If you’re searching for a place to rent in Prince Edward Island (PEI), understanding what landlords can and cannot ask during the rental application process is essential. Illegal rental screening can lead to discrimination or unfairly losing out on housing. This guide explains your rights under PEI law, what types of questions or checks are not allowed, and what you can do if your rights are violated.

What Is Rental Screening?

Rental screening is the process landlords use to assess if someone is a reliable tenant. This typically includes things like credit checks, references, or employment verification. In PEI, while landlords may take reasonable steps to confirm a tenant's ability to pay rent, all screening must comply with federal and provincial anti-discrimination laws.

What Counts as Illegal Rental Screening?

Landlords in Prince Edward Island must follow the Rental of Residential Property Act and Canada's Human Rights Act.^[1][2] Asking for information or documents that discriminate based on protected grounds is strictly illegal. The Prince Edward Island Human Rights Act protects against discrimination based on race, colour, sex, gender identity, sexual orientation, family status, age, disability, religion, or source of income.

• Questions about your ethnicity, religion, sexual orientation, or family status.
• Requests for medical information (unless it relates to accommodation needs for a disability).
• Demanding excessive financial information beyond proof you can pay rent.
• Refusing rental due to the presence of children, marital status, or social assistance as income.

Only ask tenants for information directly related to assessing rental suitability, such as ability to pay, references, and credit history (with your written consent).

Common Examples Tenants Should Watch For

• Being asked if you plan to have children or are pregnant
• Requests for a photo to "see if you fit in the building"
• Landlords stating certain ethnicities are preferred or discouraged
• Requiring a citizenship card or SIN for reasons other than tax compliance

What Landlords in PEI Can Legally Request

Landlords can ask for information that helps confirm a prospective tenant’s suitability, as long as it does not cross into discrimination. Examples of acceptable screening:

• Credit score report (with your permission)
• References from previous landlords
• Proof of employment or ability to pay rent

Landlords can also ask for a security deposit, but limitations apply. For detailed information on rental deposits, see Understanding Rental Deposits: What Tenants Need to Know.

Your Tenant Rights and Recourse in PEI

The Island Regulatory and Appeals Commission (IRAC) oversees rental disputes and tenant protections in Prince Edward Island.^[3] If you believe a landlord’s screening was illegal or discriminatory:

• Document what was asked (keep emails or communication records)
• Politely decline questions you believe are discriminatory
• File a complaint with the PEI Human Rights Commission
• Seek guidance or mediation via IRAC

Official Forms for Discrimination Claims

• PEI Human Rights Complaint Form: Use this form to file a discrimination complaint with the Human Rights Commission. Download the form (PDF). Example: If a landlord refuses your application because you receive social assistance, you can file this form within one year of the incident.
• IRAC Application to Director (Form 1): While mainly for tenancy disputes, this can be used if discrimination affects your right to rent. See all IRAC forms here.

Tips For Preventing and Responding to Illegal Screening

• Read all application documents carefully before signing
• Never feel pressured to provide personal info not required by law
• Ask for screening requirements in writing
• If you spot potential discrimination, document all communication

For an overview of PEI's rental rules, visit Tenant Rights and Landlord Rights in Prince Edward Island.

Browse apartments for rent in Canada and protect yourself by knowing your tenant rights wherever you move next.

FAQ: Illegal Rental Screening in PEI

1. What types of questions can a landlord not ask when I apply for an apartment? Landlords are not allowed to ask about your race, religion, sexual orientation, family status, disability, or source of income (except as proof you can pay rent). Any question seeking personal medical information, immigration status (unless for legal reason), or marital status is generally illegal.
2. Can a landlord refuse my application because I have children or use social assistance? No. In PEI, refusing to rent to tenants based on family status (children) or type of income (like social assistance) is against the law.
3. How do I file a complaint if I experience discrimination? Document what happened, save all correspondence, and submit a complaint to the PEI Human Rights Commission using their official form. You may also contact IRAC for further support.
4. Is a landlord allowed to run a credit check on me? Yes, but only with your written consent. Landlords must inform you before running a credit check and cannot require you to pay for the check yourself.
5. What should I do if I believe I've been unfairly screened? Politely decline unlawful questions, keep records, and seek advice from the Human Rights Commission or IRAC. You can file a formal complaint if needed.

Key Takeaways

• Landlords in PEI must follow anti-discrimination laws when screening tenants.
• Never provide personal information not directly relevant to your ability to pay rent or maintain the unit.
• If faced with illegal rental screening, collect evidence and seek help from the Human Rights Commission or IRAC promptly.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC): Official board for tenancy disputes in PEI
• PEI Human Rights Commission: Report discrimination and access complaint forms
• PEI Rental of Residential Property Act: Full text of the law
• Tenant Rights and Landlord Rights in Prince Edward Island: Overview of your rental rights in PEI

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1. [1] PEI Rental of Residential Property Act
2. [2] Prince Edward Island Human Rights Act
3. [3] Island Regulatory and Appeals Commission (IRAC)

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