Tenant Rights: Protection from Mental Health Discrimination in PEI

Experiencing mental illness should never jeopardize your right to rent safe and stable housing in Prince Edward Island. Provincial law ensures that tenants with mental health conditions are protected from discrimination at every stage of their tenancy. Whether you’re applying for a new rental or have lived in the same home for years, it’s important to understand your rights and the steps to take if you encounter unfair treatment related to your mental health.

How PEI Law Protects Tenants with Mental Health Conditions

Prince Edward Island’s Human Rights Act prohibits landlords from discriminating against tenants or applicants because of a disability. This includes all forms of mental illness, such as depression, anxiety, or other psychological conditions. Under the law, landlords are not allowed to:

• Deny an application for housing because of a mental health condition
• Evict a tenant for reasons related to their mental illness
• Refuse reasonable accommodations, such as allowing a support animal when medically necessary

These protections apply throughout your renting experience, from viewing apartments to lease renewals and ongoing tenancy.

Relevant Legislation and Tribunal

The main legislation covering these rights is the Human Rights Act (PEI) and the Residential Tenancies Act (PEI)¹. Disputes over discrimination or accommodation requests can be addressed through the PEI Residential Rental Property Office (the province's residential tenancy tribunal) or by filing a complaint with the PEI Human Rights Commission.

Examples of Discrimination and Required Accommodations

Understanding what counts as discrimination helps you identify and respond to unfair treatment. Protected actions include:

• A landlord refusing to rent to you after learning you take medication for a mental health condition
• Being denied a lease renewal because of time missed paying rent due to a psychiatric hospitalization (provided you communicate and work toward a solution)
• A landlord refusing to allow a proven, medically necessary support animal, even with proper documentation

If you need changes to the rental (like permission for a support person to visit regularly), your landlord must reasonably try to accommodate your needs, unless doing so would cause them undue hardship (such as serious cost or safety issues).

Your Rights and Responsibilities as a Tenant

Tenants in Prince Edward Island have protections, but also responsibilities—like paying rent on time, keeping the unit in good repair, and notifying landlords in writing about accommodation needs. If you’re unsure about your broader rights and duties as a tenant, see the Obligations of Landlords and Tenants: Rights and Responsibilities Explained page.

How to File a Complaint About Discrimination

If you believe you’ve been treated unfairly due to your mental health, there are clear steps you can take. First, try to resolve the issue with your landlord directly and in writing. If this does not help, you can file a formal complaint with the PEI Human Rights Commission.

Official Forms and How to Use Them

• PEI Human Rights Complaint Form – Used to start a formal complaint process if you experience discrimination related to your mental illness. Download the official form here.

For example, if your landlord refuses to allow your support animal after you provide documentation, you can submit this form to the Human Rights Commission, outlining what happened and supplying any supporting documents. The Commission will review your complaint and may offer mediation, investigation, or a hearing if needed.

Relevant Provincial Tribunal

The PEI Residential Rental Property Office oversees tenancy-related disputes, including issues with evictions or lease agreements resulting from discrimination. Filing a complaint here can help if your accommodation request leads to a tenancy dispute.

What Happens After a Complaint?

Once your complaint is submitted, the Commission will review and may contact both you and your landlord. This process may lead to mediation, an agreement, or a formal hearing. Keep copies of all correspondence and be ready to explain your situation clearly. The process is confidential, and both parties are given a chance to share their side.

Additional Rights and Information

For a general overview of tenancy in this province, visit Tenant Rights and Landlord Rights in Prince Edward Island. If your accommodation request relates to health and safety or your ability to enjoy your home, review Health and Safety Issues Every Tenant Should Know When Renting.

To find rental units that suit your needs, including options with accessibility features or flexible landlords, Find rental homes across Canada on Houseme.

FAQ: Tenant Protections for Mental Health in PEI

1. Can a landlord in PEI evict me because of my mental health?
   No. PEI law prohibits eviction on the basis of mental health alone. Landlords must follow formal legal steps for any eviction, and discrimination is specifically banned under the Human Rights Act.
2. What counts as a "reasonable accommodation" for mental illness?
   Reasonable accommodations can include allowing a service or support animal, installing minor safety features, or flexible payment arrangements during a crisis, as long as they do not cause the landlord undue hardship.
3. Should I provide medical documents to my landlord?
   Only if you're requesting a specific accommodation. Even then, you do not need to disclose your full diagnosis—just enough information to show the accommodation is medically required.
4. Can my landlord ask about my mental health during the application process?
   No. Landlords are not allowed to ask about your mental health status or require medical disclosure as a condition of approval.
5. Where do I go for help if I face discrimination?
   Start with the PEI Human Rights Commission—they offer guidance and handle complaints. You may also approach the Residential Rental Property Office for help with tenancy disputes.

Conclusion: Key Takeaways for PEI Tenants

• Tenants with mental illness in PEI have strong legal protections against discrimination.
• Both Human Rights and Residential Tenancies laws offer support—know your rights, seek help, and take action if necessary.
• Support and information are available locally from the Human Rights Commission and Tenancy Office.

Knowing your rights enables you to pursue safe and fair housing across Prince Edward Island, regardless of mental health status.

Need Help? Resources for Tenants

• PEI Human Rights Commission: Guidance and complaint forms for discrimination issues
• PEI Residential Rental Property Office: Landlord-tenant dispute resolution, tenancy rights info
• Community Legal Information PEI: Free tenant legal information
• Mental health crisis support: Call 1-833-553-6983 (Mental Health and Addictions Phone Line – PEI)

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1. See Human Rights Act (PEI), and Residential Tenancies Act (PEI)

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