What Tenants Can Do If Accessibility Modifications Are Denied in PEI

Tenants in Prince Edward Island deserve equal access to safe and comfortable housing, including the right to reasonable accessibility modifications if you have a disability. Unfortunately, some tenants face challenges when their landlord refuses or delays needed adaptations, such as installing grab bars or ramps. This article will help you understand your rights, the relevant laws, and what to do if your request for accessibility modifications is denied in a PEI rental.

Your Rights to Accessibility in PEI Rentals

The Residential Tenancy Act (PEI) and human rights law protect tenants from discrimination based on disability. This includes the right to request reasonable accessibility modifications to your rental unit or building. Landlords are usually required to accommodate these needs, unless it would cause them undue hardship.

• Common accessibility modifications might include ramps, grab bars, visual fire alarms, or levered door handles.
• Tenants may be responsible for reasonable costs, but landlords cannot refuse a request without legitimate reason.

For more details on tenant rights and landlord duties, see the Tenant Rights and Landlord Rights in Prince Edward Island page.

The Role of the PEI Residential Tenancy Office

Rental disputes in Prince Edward Island, including denied accessibility requests, are handled by the PEI Residential Tenancy Office. This office interprets the Residential Tenancy Act and can help resolve issues between landlords and tenants.

They can also provide guidance about your eligibility and next steps if you believe your request has been unfairly denied.

What To Do If Your Request Is Denied

If your landlord refuses or ignores your request for accessibility modifications, there are clear steps you can take:

• Document everything: Record your request in writing, including dates, details of modifications needed, and your landlord's response.
• Discuss with your landlord: Be clear about why the changes are needed. Reference your rights under the Residential Tenancy Act and the PEI Human Rights Act.
• Seek support: Contact the PEI Residential Tenancy Office or a local tenant advocacy organization for advice.
• Apply for dispute resolution: If the situation can't be resolved, you may make a formal application to the Residential Tenancy Office using their official forms.

Official Forms and How to Use Them

• Form 2 – Application by Tenant: Use this to formally request dispute resolution when you believe your landlord is violating the law.
  • When to use: If a landlord has denied an accessibility modification without reasonable justification.
  • How: Fill out Form 2 – Application by Tenant and submit it to the Residential Tenancy Office. State clearly what modification you requested and the outcome you seek.

If you need guidance through the form or process, their staff can help you or direct you to tenant advocacy resources.

PEI Human Rights Complaints

Denied accessibility modifications may also be discrimination under the PEI Human Rights Act. You can file a complaint with the PEI Human Rights Commission if your landlord is refusing to accommodate your disability without a valid reason.

Be ready to show attempts you've made to resolve the issue and any supporting documentation.

Your Responsibilities as a Tenant

• Communicate modification requests clearly and in writing
• Ensure modifications are safe and permitted by building code if you are arranging them
• Restore the unit to its original condition (if required in lease) when you move out, unless the landlord agrees otherwise

For related issues, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained, which outlines duties that may affect accessibility or modifications.

Tip: If the modification relates to health or safety (like accessible emergency exits), the landlord has a stronger duty to accommodate under both tenancy and human rights law. For a broad overview of keeping your home safe, see Health and Safety Issues Every Tenant Should Know When Renting.

Looking for accessible rentals? Search Canadian rentals with interactive map view to find options that fit your needs.

FAQ: Accessibility Modifications in PEI Rentals

1. Can my landlord refuse my request for accessibility modifications?
   Landlords cannot refuse reasonable modifications needed for accessibility unless it would cause them "undue hardship" (such as extreme cost or safety concerns). Each case is individual.
2. Who pays for accessibility changes in a rental?
   Tenants may need to cover the cost of the modification, but landlords cannot charge unreasonable extra fees or deposits beyond what is allowed by law.
3. How do I start the dispute process if I am denied a modification?
   Begin with Form 2 – Application by Tenant at the PEI Residential Tenancy Office. Provide details and supporting evidence with your application.
4. Does my landlord have to return my unit to its original state after I move out?
   You may be required to restore the property if agreed in writing, unless the landlord says otherwise.
5. Where can I get free help with housing discrimination in PEI?
   Support is available from the PEI Residential Tenancy Office, PEI Human Rights Commission, and local tenant organizations.

Need Help? Resources for Tenants

• PEI Residential Tenancy Office: Guidance, forms, and dispute applications
• PEI Human Rights Commission: Filing a discrimination complaint
• PEI Landlord and Tenant Guide: Government-issued plain language guide
• Tenant Rights and Landlord Rights in Prince Edward Island: Summary of rights for tenants and landlords

---

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

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