Step-by-Step Guide to Discrimination & Accessibility Issues for PEI Tenants

If you’re renting a home in Prince Edward Island, you have strong legal protections against discrimination and for accessibility. Whether you’re facing unfair treatment due to your background or need accommodations for a disability, this step-by-step guide explains your rights and how to get help. Knowing what to do can empower you to take action effectively and confidently.

Understanding Your Rights as a Tenant in Prince Edward Island

In PEI, the Landlord and Tenant Act^[1] protects tenants from discrimination related to housing. Additional protections are found under the Prince Edward Island Human Rights Act^[2]. Landlords cannot legally discriminate based on:

• Race, colour, national or ethnic origin
• Religion
• Sex, sexual orientation, gender identity
• Family status, marital status
• Physical or mental disability (including requests for accommodations)
• Age or source of income

Landlords must also make reasonable accommodations for tenants with disabilities. If you’re unsure about tenant and landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained for an overview.

For a summary of tenancy protections on PEI, visit Tenant Rights and Landlord Rights in Prince Edward Island.

Recognizing Discrimination and Accessibility Barriers

Discrimination happens when someone is treated unfairly or denied housing because of a protected characteristic. Accessibility barriers include physical, communication, or policy obstacles that make the unit unusable or unsafe for someone with a disability.

Some examples include:

• Being refused housing because you have children
• A landlord refusing to accept a service animal for a tenant with a disability
• Failure to modify physical barriers (like doorways or ramps), where reasonable

Step-by-Step: What to Do If You Face Discrimination or Accessibility Problems

Step 1: Document Everything

Write down details of what happened, when, and who was involved. Keep emails, text messages, letters, and notes of any conversations related to your situation.

Step 2: Communicate Your Needs or Concerns in Writing

If requesting an accessibility accommodation, submit your request in writing and clearly state what you need. For example, “I use a wheelchair; please install a ramp to access the front entrance.”

Step 3: Try to Resolve the Issue Directly

Many landlords want to resolve issues without outside intervention. Share your concerns and requests in writing and keep a record of all communications. If your landlord refuses, you can move to the next steps.

Step 4: Contact the PEI Residential Tenancy Office

If direct resolution does not work, contact the PEI Residential Tenancy Office, which helps mediate and resolve tenancy disputes, including discrimination and accessibility issues.

Step 5: File a Human Rights Complaint

If you believe your landlord violated your rights under the Human Rights Act, you may file a complaint with the PEI Human Rights Commission. Forms and clear instructions are available from the commission’s website.

• Form: Human Rights Complaint Form
• When to use it: If you experience discrimination, fill out the form as soon as possible and attach supporting documents. Example: After being denied housing for having a service animal, submit a complaint form with your correspondence as evidence.
• Access the form: PEI Human Rights Commission Forms

The process typically involves an investigation, mediation, and, if unresolved, a hearing at the Commission.

Step 6: Additional Support and Next Steps

If your situation involves issues like health and safety, you may want to review Health and Safety Issues Every Tenant Should Know When Renting.

If you are looking for accessible or barrier-free rental homes, you can Find rental homes across Canada on Houseme, which allows you to search by accessibility features.

Official Forms and Where to Find Help

• Human Rights Complaint Form: Used to report discrimination to the PEI Human Rights Commission. Requires details of the incident and any supporting documents. Get the form here.
• Residential Tenancy Application Form: If your issue relates to your tenancy (such as an accessible modification dispute), contact the Residential Tenancy Office for mediation forms and guidance.

For a complete overview of housing rights specific to PEI, see Tenant Rights and Landlord Rights in Prince Edward Island.

FAQ

1. What should I do if my landlord refuses a disability accommodation request?
   Put your request in writing, documenting your needs. If refused, you can contact the Residential Tenancy Office and file a human rights complaint.
2. Can a landlord ask about my disability or family status during application?
   No. Landlords in PEI cannot ask direct questions about protected characteristics during the application process.
3. What if I’m evicted because of my disability or background?
   If you believe the eviction is related to discrimination, gather documentation and contact the PEI Human Rights Commission to begin a formal complaint.
4. Is there a deadline for filing a discrimination complaint?
   Yes. Complaints to the PEI Human Rights Commission must be filed within one year of the incident.
5. Where do I get help if my rental unit is unsafe due to accessibility issues?
   Contact the PEI Residential Tenancy Office and, for urgent health and safety matters, see Health and Safety Issues Every Tenant Should Know When Renting.

How To Take Action on Discrimination and Accessibility Problems

1. How do I file a human rights complaint about my rental?
   Obtain the Human Rights Complaint Form from the PEI Human Rights Commission website. Complete the form with details, attach any evidence, and submit it according to their instructions. Follow up if you do not receive confirmation within two weeks.
2. How do I request an accessibility accommodation?
   Write a clear, dated letter or email to your landlord specifying your needs and how the accommodation would help. Keep all correspondence.
3. What should I do if my safety or health is at risk?
   Contact the Residential Tenancy Office and review Health and Safety Issues Every Tenant Should Know When Renting to better understand your rights and next steps.
4. How can I get tenancy mediation or dispute resolution in PEI?
   Contact the Residential Tenancy Office, who can initiate a mediation process or hearing, often by submitting their application form found on their website.
5. How do I search for accessible rentals?
   Use platforms such as Find rental homes across Canada on Houseme to filter for units with accessibility features.

Key Takeaways

• Discrimination and accessibility-related issues in PEI rentals are covered by both tenancy and human rights law.
• Document your experiences and communicate in writing for best results.
• Seek help from the Residential Tenancy Office or PEI Human Rights Commission if your landlord does not respond or the issue continues.

Need Help? Resources for Tenants

• PEI Residential Tenancy Office: Dispute mediation, applications, and information for tenants and landlords
• PEI Human Rights Commission: Guidance and forms for discrimination complaints
• Tenant support & advocacy: Contact local legal clinics or advocacy organizations for specific support, document review, and advice on next steps.
• Learn more: Tenant Rights and Landlord Rights in Prince Edward Island

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1. Landlord and Tenant Act (PEI)
2. Human Rights Act (PEI)
3. PEI Human Rights Commission
4. PEI Residential Tenancy Office

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