Proving Discrimination in PEI Rental Disputes: Tenant Guide

Discrimination in the rental housing market can be stressful and confusing, especially for tenants in Prince Edward Island. If you believe your landlord is treating you unfairly because of a personal characteristic protected by law, knowing how to gather evidence and prove your case is essential. This guide explains what counts as discrimination, which protections tenants have, how to document and present your case, and where to get official help in PEI.

What Is Discrimination in Prince Edward Island Rentals?

Discrimination happens when a landlord treats a tenant or applicant differently and unfairly because of protected personal characteristics. In Prince Edward Island, the Human Rights Act protects renters from discrimination based on:

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

If your landlord refuses to rent to you, evicts you, or treats you poorly because of any of these factors, it may be discrimination.

For a broader look at PEI tenant and landlord issues, see Tenant Rights and Landlord Rights in Prince Edward Island.

Examples of Discrimination in Rental Housing

Some actions may seem neutral but could be discriminatory. Common examples include:

• Refusing to rent to families with children
• Not allowing tenants with disabilities to have a service animal
• Evicting someone because of their religion or ethnicity
• Advertising “adults only” buildings

Discrimination may be direct (such as making unfair rules) or indirect (such as setting policies that negatively impact a protected group).

How to Prove Discrimination: Key Steps for Tenants

Proving discrimination requires clear documentation. Here’s how to get started:

• Record Events: Write down dates, times, and details of any incident that seems discriminatory.
• Keep All Communication: Save emails, messages, notes, and voicemails from your landlord.
• Witness Statements: Ask neighbors or other tenants if they noticed unfair treatment; get written statements if possible.
• Collect Evidence: Take photos of posted rules or discriminatory signs, and keep records of rental advertisements.
• Compare Treatment: Document how others in similar situations are treated (for example, families with young children are refused but couples are accepted).

PEI’s Residential Tenancy Office encourages thorough record-keeping to support your complaint.

Filing a Complaint about Discrimination

Tenants in PEI have two main ways to address discrimination:

• Human Rights Complaint: File a complaint with the Prince Edward Island Human Rights Commission if your rights under the Human Rights Act are violated.
• Tenancy Dispute: For issues that also breach tenancy rules (like wrongful eviction), apply to the Residential Tenancy Office (RTO) of PEI.

Make sure to submit your claim within the required time limits. If your case involves rent, maintenance, or other tenancy issues, the RTO hears most disputes under the Residential Rental Property Act¹.

Which Forms Do You Need?

Depending on the issue, tenants may use these forms:

• Human Rights Complaint Form (No official number): Use this form to file an official discrimination complaint with the PEI Human Rights Complaint Form. For example, if your landlord refuses to accommodate your disability, fill out the form and submit it to the Human Rights Commission.
  Instructions for filing are available.
• Application by Tenant (Form 2): Use Form 2 to ask the RTO to resolve a tenancy dispute. For example, if you believe you were evicted for a discriminatory reason, file this application. Download Form 2 (Application by Tenant) and submit it as instructed on the RTO website.

After you submit your form, you will be contacted for further details or to schedule a hearing, depending on which body you filed with.

What Happens After You File?

The Human Rights Commission or RTO will investigate, possibly hold a mediation, and if needed, conduct a hearing. You’re allowed to participate, present evidence, and bring witnesses. At the end, a decision will be made, which may order remedies like policy changes, compensation, or reinstatement.

Tip: The earlier you begin documenting every interaction with your landlord, the stronger your case will be.

How PEI Tenancy Law Protects You

PEI’s Residential Rental Property Act and the Human Rights Act are your main sources of legal protection in rental housing. The RTO decides most rental issues, but for discrimination based on protected grounds, the Human Rights Commission has authority as well.

For a full overview of PEI’s tenant rules, visit Tenant Rights and Landlord Rights in Prince Edward Island.

What If the Discrimination Affects Other Rights or Tenancy Issues?

Discrimination may intersect with other rental issues, such as repairs, lease renewals, or security deposits. For example, if you have ongoing maintenance problems that disproportionately affect you because of a disability, you may have both a discrimination and a tenancy claim. If you’re also dealing with common rental challenges, check out Common Issues Tenants Face and How to Resolve Them for practical guidance.

Where to Search for Accessible Rentals in PEI

If you’re searching for inclusive and accessible housing, Find rental homes across Canada on Houseme. Listings often include accessibility features and landlord policies so you can make informed choices.

1. What is considered discrimination in PEI rental housing?
   Discrimination is unfair treatment based on personal characteristics protected by the Human Rights Act, such as race, gender, disability, or family status. This includes refusal to rent, eviction, or different treatment because of those characteristics.
2. How can I prove a landlord is discriminating against me?
   Gather as much evidence as possible: record dates and details, save communication, collect witness statements, and keep copies of any documents or advertisements that show discrimination.
3. Which form should I use to file a rental discrimination complaint?
   For complaints under the Human Rights Act, use the PEI Human Rights Complaint Form. For tenancy disputes (like eviction), use the RTO's Application by Tenant (Form 2).
4. Can I apply to both the Human Rights Commission and the Residential Tenancy Office?
   Yes, you may need to file with both if the problem involves discrimination and other rental rights issues. Be sure to check each body’s process and timelines.
5. What happens after I file a complaint?
   You may be asked to attend mediation or a hearing where you can present your evidence. The tribunal or commission will investigate and issue a decision, which may include remedies like policy changes or compensation.

Need Help? Resources for Tenants

• PEI Human Rights Commission – Complaint forms, guidance, and support on discrimination in rentals.
• Residential Tenancy Office (RTO) – Official rental dispute resolution, applications, and tenancy resources.
• Read the Human Rights Act – Know your legal protections as a tenant.
• Read the Residential Rental Property Act – Understand tenancy law in PEI.

---

1. Residential Rental Property Act (PEI)
2. Human Rights Act (PEI)
3. PEI Human Rights Commission
4. PEI Residential Tenancy Office (RTO)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy