PEI Tenant Guide: Discrimination & Accessibility Rights

If you rent a home or apartment in Prince Edward Island, you have important protections against discrimination and accessibility barriers. This guide helps tenants in PEI recognize unlawful treatment, understand their rights, and take steps to ensure safe and equitable living.

Understanding Discrimination in PEI's Rental Housing

Discrimination is when a landlord treats you unfairly because of personal characteristics that are protected under the law. In Prince Edward Island, the Human Rights Act protects tenants from discrimination based on:

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

Landlords cannot refuse to rent to you, treat you differently during your tenancy, or harass you because of any of these grounds. For a full overview of tenant and landlord rights in the province, see Tenant Rights and Landlord Rights in Prince Edward Island.

Your Accessibility Rights

Tenants with disabilities have the right to equal access to housing. This includes the right to request reasonable accommodations from landlords. Examples include:

• Installing grab bars or ramps
• Allowing service animals, even in pet-free buildings
• Providing accessible parking or entrances

Signs of Discrimination or Accessibility Barriers

You might be facing discrimination or accessibility issues if you experience:

• Rejection of your rental application based on disability, age, or family status
• Rules that prevent you from using necessary aids or supports
• Refusal to consider reasonable accessibility requests
• Being treated unfairly during repairs, renewals, or deposits

If you encounter these situations, it's important to know your rights and possible actions.

Action Steps: What to Do About Discrimination or Accessibility Issues

If you believe you’ve been discriminated against or denied reasonable accommodation, consider these steps:

• Document everything: Keep records of messages, application forms, requests, and responses.
• Communicate in writing: Submit complaints or requests by email or letter for proof.
• Request accommodation: Explain your needs, suggest solutions, and ask your landlord to respond in writing.
• File a complaint: If your landlord does not address your concerns, you can contact the PEI Human Rights Commission.
• Seek advice or advocacy: Local tenant organizations or government resources can help you navigate complex cases.

Remember, raising a concern should not result in eviction or negative treatment. If issues remain unresolved, tenants can also apply to the PEI Rental Office for certain tenancy-related disputes.

Official Forms for Complaints and Accommodation Requests

• PEI Human Rights Commission Complaint Form:
  • Name/Number: Human Rights Complaint Form (no specific number)
  • Used for: Reporting discrimination by a landlord or property manager (e.g., refusal to rent to someone with a disability).
  • How to use: Complete the form with the incident details and submit to the PEI Human Rights Commission.
• Rental Office Application Form:
  • Name/Number: Application Form to the Director (e.g., Form 2)
  • Used for: Filing tenancy-related disputes, such as unresolved accommodation requests or retaliation.
  • How to use: Download Form 2: Application to Director under the Rental of Residential Property Act, fill in the complaint details, and submit to the PEI Rental Office.

Gather documentation before filing, such as emails or notes from interactions. If unsure, seek help from a tenant support service or legal aid.

Landlord and Tenant Responsibilities

Both tenants and landlords have duties under the Rental of Residential Property Act (PEI)^[1]:

• Landlords must not discriminate or harass tenants, and must provide safe, well-maintained housing.
• Tenants must pay rent, follow the lease, and respect the property.
• All parties should communicate respectfully and follow the Act’s procedures for disputes.

For full details of landlord and tenant duties, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Related Issues: Health and Accessibility in Your Rental

Sometimes discrimination or accessibility issues overlap with health and safety concerns — for example, if a landlord won't repair broken elevators or accessible features. Learn what you can do in these situations in Health and Safety Issues Every Tenant Should Know When Renting.

If you’re searching for a new, accessible rental that meets your needs, Explore Houseme for nationwide rental listings offers filters for accessibility, price, and location.

FAQs: Discrimination & Accessibility in PEI Rentals

1. What can I do if a landlord won’t allow my service animal?
   Service animals are protected under PEI’s Human Rights Act. If a landlord refuses to accommodate your service animal, you can submit a complaint to the PEI Human Rights Commission.
2. Can a landlord refuse to rent to me because I have children?
   No, family status is a protected ground. Refusal to rent due to children is considered discrimination under the law.
3. How do I report harassment or discrimination from a landlord?
   File a complaint using the Human Rights Complaint Form with the PEI Human Rights Commission, providing all details and supporting documents.
4. Does my landlord have to make my apartment accessible?
   Landlords are required to make reasonable accommodations for tenants with disabilities unless it would cause undue hardship.
5. What is the PEI Rental Office and how can it help?
   The PEI Rental Office resolves tenancy disputes, including some issues related to accessibility and accommodations under the rental laws.

How To: Filing a Discrimination or Accessibility Complaint in PEI

1. How do I submit a discrimination complaint?
   1. Gather evidence (emails, texts, denial letters). 2. Complete the Human Rights Complaint Form. 3. Submit the form to the Commission online or in person.
2. How can I request an accessibility accommodation?
   1. Describe your specific need and the accommodation you’re requesting to your landlord, preferably in writing. 2. Retain responses for documentation. 3. Escalate to the Human Rights Commission or Rental Office if unresolved.
3. What should I do if I’m facing retaliation for making a complaint?
   1. Keep all communications in writing. 2. Contact the PEI Rental Office to file a dispute if your landlord retaliates (e.g., tries to evict you).

Key Takeaways for Tenants

• Discrimination and accessibility barriers are prohibited by law in PEI rental housing.
• You have the right to request reasonable accommodations and file complaints if your rights are denied.
• Provincial tribunals and commissions provide support and resolution if issues can’t be settled with your landlord.

Need Help? Resources for Tenants

• PEI Human Rights Commission – Advice and complaint forms
• PEI Rental Office – Dispute resolution, tenancy applications, forms
• PEI Rental of Residential Property Act – Full legislation text
• Local legal aid offices and tenant organizations for case support

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1. Rental of Residential Property Act (PEI)

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