Prince Edward Island Housing Discrimination: Key Cases & Tenant Rights

Experiencing housing discrimination is not only upsetting but can be illegal. In Prince Edward Island, both tenants and landlords are bound by human rights and tenancy law. This article explains, using real case studies, what discrimination can look like in PEI’s rental market, and outlines your rights and action steps under current provincial law if you think you have been treated unfairly.

Understanding Housing Discrimination in PEI

Housing discrimination occurs when landlords, property managers, or others treat someone differently—often unfairly—because of protected personal characteristics. On Prince Edward Island, it is illegal for a landlord to refuse to rent, evict, or otherwise discriminate against a tenant because of race, colour, religion, sex, sexual orientation, gender identity, disability, age, marital or family status, nationality, and other protected grounds under the Prince Edward Island Human Rights Act^[1].

Common Forms of Discrimination Reported

• Denying rental applications based on ethnicity or origin
• Charging higher rent to families with children
• Refusing accommodations for tenants with disabilities
• Evicting due to family status or sexual orientation

The PEI Human Rights Commission investigates complaints and upholds residents’ rights to equal housing.

Case Studies: Discrimination in Housing on PEI

Understanding past legal cases can help tenants recognize their rights and know how complaints are handled.

Case 1: Family Status Discrimination

In one PEI case, a landlord refused to rent to a single mother, believing children would cause “too much noise.” The Human Rights Commission found this to be discrimination based on family status—a violation of provincial human rights law. The tenant was awarded damages and the landlord was required to end their discriminatory practices.

Case 2: Disability-Related Requests

A tenant with a mobility issue requested a ground-floor unit as a reasonable accommodation. The landlord refused, insisting all units be distributed equally. The Commission decided the landlord should have accommodated the request unless it caused undue hardship. The tenant’s access to housing was protected, reinforcing the duty to accommodate disabilities.

Case 3: National Origin and Advertising

Another reported case involved a landlord advertising “quiet, mature adults only—no newcomers.” This was deemed discriminatory as it could exclude immigrants or newcomers who were legally entitled to fair housing.

Each case demonstrates how tenants are protected, and how landlords must comply with both the Rental of Residential Property Act^[2] and the Human Rights Act. For more on legal responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Tribunal and Complaints: Where to Turn

If you believe you have experienced housing discrimination in PEI, you can file a complaint with the PEI Human Rights Commission. The complaints process is meant to be accessible and supportive.

Relevant Forms and How to Use Them

• PEI Human Rights Complaint Form – This form is used to initiate a formal discrimination complaint. Download the complaint form and instructions.
• Tenant’s Application to the Director (Form 2) – If you’re facing issues under tenancy law (not directly related to discrimination), use this to request help from the Director of Residential Rental Property. Access Form 2 and other tenancy forms.

Always keep written records of communications and relevant evidence to support your case.

Preventing and Responding to Discrimination: Tenant Guidance

Proactively knowing your rights and what steps to take in case of unfair treatment can help protect you and others.

• Document all interactions related to your rental search or tenancy
• Request written reasons for any application denials
• Contact the Human Rights Commission or tenancy board immediately if you feel your rights have been violated

For a broader overview of PEI tenancy law, see our guide to Tenant Rights and Landlord Rights in Prince Edward Island.

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FAQ: Discrimination and Tenancy in PEI

1. What legal protections do I have against discrimination as a tenant in Prince Edward Island?
   The PEI Human Rights Act and the Rental of Residential Property Act protect tenants from discrimination based on race, family status, disability, and more. You can file a complaint with the PEI Human Rights Commission if you feel your rights have been violated.
2. Can a landlord ask about my nationality or citizenship when I apply to rent?
   No. Landlords are not permitted to ask discriminatory questions about nationality, ethnicity, or citizenship unless required by law (e.g., to verify legal occupancy status).
3. How long do I have to file a housing discrimination complaint in PEI?
   Generally, you must file a discrimination complaint within one year after the incident. Prompt action is recommended to support your claim.
4. Does the PEI Rental Board handle discrimination complaints?
   No. Discrimination complaints are handled by the PEI Human Rights Commission. The Director of Residential Rental Property (PEI Rental Office) resolves tenancy issues unrelated to human rights violations.
5. Are there resources to help tenants prepare a complaint?
   Yes. The PEI Human Rights Commission provides information and guidance, and tenant advocacy organizations can assist with document preparation and understanding your rights.

Key Takeaways for Tenants

• Discrimination in housing is illegal on PEI and covered under both tenancy and human rights law.
• Official channels exist to report, resolve, and receive remedies for discriminatory acts.
• Use clear documentation and act quickly to protect your rights.

In summary: know your rights, act quickly if you suspect discrimination, and use official complaint processes to seek justice.

Need Help? Resources for Tenants

• Prince Edward Island Human Rights Commission: Complaint forms, guidance, and information
• Director of Residential Rental Property (PEI Rental Office): Tenancy process, applications, and dispute resolution
• Tenant Rights and Landlord Rights in Prince Edward Island: Plain language tenancy rights and obligations
• Local tenant advocacy networks: Help with complaint procedures and support

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

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