Discrimination and Accessibility: Tenant Mistakes to Avoid in Saskatchewan
Facing discrimination or having accessibility needs ignored can make renting stressful for tenants in Saskatchewan. It’s important to know your rights, avoid common pitfalls, and know what to do if you experience unfair treatment. This guide will help you understand anti-discrimination and accessibility obligations under Saskatchewan law, what forms to use, how to file complaints, and how to protect yourself from common mistakes—all designed for tenants across the province.
What Counts as Discrimination or Accessibility Issues?
Discrimination in housing happens when a landlord treats a tenant unfairly based on personal characteristics that are protected by law. In Saskatchewan, the Saskatchewan Human Rights Code, 2018 protects tenants from discrimination based on:
- Race, ancestry, or nationality
- Disability (including physical, mental, or developmental conditions)
- Religion, gender identity, sexual orientation
- Family status or marital status
- Receipt of public assistance (e.g., social assistance or housing benefits)
Accessibility issues arise when a landlord fails to provide reasonable accommodations for a tenant’s disability, such as refusing to allow service animals or failing to address mobility barriers.
Common Mistakes Tenants Make
- Not requesting accommodations in writing: Always make formal requests (for things like grab bars, wheelchair ramps, or alternative communication) in writing and keep a copy.
- Missing deadlines when making complaints: Human rights complaints must be submitted within one year of the incident.
- Assuming verbal agreements are enough: Get any agreements about accommodations or repairs in writing.
- Not documenting issues: Photos, emails, and notes about discrimination or accessibility problems are essential if you need to file a complaint.
- Not knowing your rights and obligations: Both tenants and landlords have duties regarding equal treatment and accessibility—learn more about these in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Being proactive about documentation and communication protects you if a dispute arises later.
Your Legal Rights as a Tenant in Saskatchewan
As a tenant in Saskatchewan, your right to equal treatment and accessibility is protected by two main laws:
- The Residential Tenancies Act, 2006: Sets the rules for rental relationships and tenant protections.
- Saskatchewan Human Rights Code, 2018: Prohibits discrimination and requires landlords to provide reasonable accommodation for disabilities.
The Office of Residential Tenancies (ORT) hears disputes about tenancies, while the Saskatchewan Human Rights Commission (SHRC) handles discrimination and accommodation complaints.
Reasonable Accommodation
If you have a disability, you can request modifications or alternative arrangements so you can enjoy your home like anyone else. Examples include:
- Permission for a guide or service animal
- Installation of accessibility features (ramps, rails, etc.)
- Changes in communication formats
Your landlord must provide these changes unless it would cause them severe difficulty (known as “undue hardship”).
Filing a Human Rights Complaint: Key Forms and Steps
If you experience discrimination, you can file a complaint with the Saskatchewan Human Rights Commission. Here’s how it works:
- Document the incident: Note the date, details, and any witnesses.
- Attempt to resolve the issue: Communicate your concerns and accommodation needs to the landlord in writing.
- File a Complaint: Use the "Complaint Form" (no official number) available on the SHRC website. Complete with your details, what happened, and what you’re asking for. Download the Complaint Form.
- Submit: Send your completed form by mail, email, or submit in person (instructions on the form and website).
Once received, SHRC will review your situation, may contact you for further info, and can facilitate mediation or investigation.
Need Help with Tenancy Problems?
If discrimination leads to eviction threats, withholding of repairs, or other tenancy issues, you may need to file with the Office of Residential Tenancies (ORT). This body also handles disputes like illegal rent increases and maintenance problems. For more information about tenant challenges, see Common Issues Tenants Face and How to Resolve Them.
Tips for Avoiding Discrimination and Accessibility Mistakes
- Get accommodation agreements in writing
- Respond quickly if your needs are denied
- Contact tenant support agencies or legal clinics for guidance
- Stay informed about your rights—read Tenant Rights and Landlord Rights in Saskatchewan
- Keep copies of communications and requests
- Don’t let fear of retaliation stop you from seeking help. Both the Human Rights Code and the Residential Tenancies Act protect you against reprisals.
FAQs: Discrimination & Accessibility in Saskatchewan Rentals
- What is a reasonable accommodation in Saskatchewan rentals? Reasonable accommodation means changes or adjustments a landlord must provide so tenants with disabilities can access and enjoy their home. Examples include ramps, a visual smoke detector, or allowing a service animal.
- Can a landlord refuse to rent to me because I have a disability? No. Under the Saskatchewan Human Rights Code, landlords cannot deny rentals based on disability.
- What should I do if my landlord ignores my accessibility needs? File a written request for accommodation and keep a copy. If the issue isn’t resolved, contact the Saskatchewan Human Rights Commission for help.
- Does my landlord have to allow my service animal? Yes, service animals are recognized as a reasonable accommodation under Saskatchewan law. Landlords cannot prohibit them.
- Where can I learn more about my general rights as a tenant? Visit Tenant Rights and Landlord Rights in Saskatchewan for a comprehensive overview.
How To: Filing a Human Rights Complaint in Saskatchewan as a Tenant
- How do I make a formal complaint against my landlord for discrimination? Fill out the SHRC Complaint Form and send it to the Saskatchewan Human Rights Commission within one year of the incident.
- How can I request a disability accommodation in my rental? Submit a written request describing your needs to your landlord, and keep a record of their response.
- What if my landlord retaliates after I make a complaint? Both The Residential Tenancies Act, 2006 and Human Rights Code protect tenants from retaliation for asserting their rights.
- How do I gather proof of discrimination? Save all correspondence (emails, letters), take photos of inaccessible features, and list any witnesses to the issue.
Key Takeaways
- Discrimination and lack of accessibility are illegal under Saskatchewan law. Know the protected rights.
- Always put requests for accommodation or complaints in writing and keep records.
- The Saskatchewan Human Rights Commission handles discrimination complaints; the Office of Residential Tenancies manages other disputes.
Need Help? Resources for Tenants
- Saskatchewan Human Rights Commission: Information and complaint process.
- Office of Residential Tenancies (ORT): Application forms, dispute resolution, and information on The Residential Tenancies Act.
- Public Legal Education Association of Saskatchewan: Free legal information for tenants.
- Tenant Rights and Landlord Rights in Saskatchewan: General tenant rights in your province.
- Saskatchewan Human Rights Code, 2018, full text here
- The Residential Tenancies Act, 2006, official statute
- Office of Residential Tenancies, official provincial portal
- Complaint Form, Saskatchewan Human Rights Commission, download here
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