Discrimination Protection for Tenants with Mental Illness in Saskatchewan

Tenants in Saskatchewan with mental health challenges are protected under both provincial law and human rights legislation. Understanding your rights can make dealing with rental issues—like housing searches, lease renewals, or disputes—less stressful and empower you to advocate for fair treatment.

Legal Protections Against Discrimination

In Saskatchewan, it is illegal for landlords to discriminate against tenants based on mental illness or any disability under The Saskatchewan Human Rights Code, 2018^[1]. This protection applies to every stage of tenancy, including rental applications, approval, tenancy conditions, and eviction decisions. Discrimination can include refusing to rent, setting unfair conditions, or harassing tenants due to their mental health status.

Reasonable Accommodation

Landlords must make reasonable efforts to accommodate tenants with mental health conditions. This could include allowing a support animal or making simple modifications to procedures if needed because of a documented disability. However, accommodations must not cause “undue hardship” for landlords—meaning significant difficulty or expense.

Your Rights as a Tenant in Saskatchewan

The main law governing rentals is the The Residential Tenancies Act, 2006^[2]. It requires landlords to:

• Provide equal access to housing regardless of mental health status
• Respond to requests for reasonable accommodation promptly
• Refrain from retaliation or harassment if a tenant asserts their rights

If you’re facing rental problems, see Tenant Rights and Landlord Rights in Saskatchewan for an overview of your legal protections.

Common Examples of Discrimination

• Being denied a rental because of a disclosed mental health condition
• Eviction threats after requesting mental health accommodations
• Landlord harassment or stigmatizing comments about your diagnosis
• Failure to allow an emotional support animal when medically required

These actions may be illegal. If you experience discrimination, you have the right to seek remedies.

How to Make a Human Rights Complaint in Saskatchewan

If your landlord discriminates against you because of your mental health, you can file a complaint with the Saskatchewan Human Rights Commission (SHRC). This process is separate from the rental board and focuses on resolving equality and accommodation issues.

Needed Documentation & Forms

• Human Rights Complaint Form: Use the SHRC Individual Complaint Form. This form is for any tenant who believes they have faced discrimination due to a protected characteristic such as mental disability. For example, if you are denied a lease renewal after disclosing your mental health status, you would fill out this form and submit it to the SHRC.
• Supporting Documentation: Provide copies of leases, correspondence, and notes describing the discriminatory event.

Processing a complaint generally involves these steps: submitting the form, providing evidence, participating in mediation (where possible), and waiting for a decision.

What Can the Rental Tribunal Do?

The Office of Residential Tenancies (ORT) is Saskatchewan’s official tribunal for landlord-tenant matters. The ORT handles issues such as non-payment of rent, evictions, and maintenance but does not address discrimination directly. However, you may also need to contact the ORT if discrimination leads to other tenancy issues, such as an eviction notice. Learn more about landlord and tenant roles in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Requesting Accommodation: How-To Steps

Tenants have the right to ask for reasonable accommodations if they need changes because of mental illness. Here’s how to do it effectively:

1. Write a request to your landlord explaining your need for accommodation (for example, permission for an emotional support animal).
2. Provide documentation from a healthcare provider if required (e.g., a letter supporting your request).
3. Suggest possible solutions that meet your needs but are reasonable for the landlord.
4. Follow up in writing if the landlord does not respond within a reasonable timeframe.
5. If your request is refused without valid reason, consider filing a complaint with the Saskatchewan Human Rights Commission.

This process helps ensure clarity and fairness for both parties.

Other Useful Tenant Resources

• Learn more about common tenancy challenges across Canada, like deposits and move-in/out issues, in Common Issues Tenants Face and How to Resolve Them.
• For information on finding a new home that meets your needs, Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. Can my landlord refuse to rent to me because I have a mental illness?
   No. Under Saskatchewan law and the Human Rights Code, landlords cannot legally refuse rental housing because of a tenant’s mental health status.
2. What if my landlord tries to evict me after I ask for an accommodation?
   This may be a form of discrimination. In addition to contacting the Office of Residential Tenancies, consider filing a complaint with the Saskatchewan Human Rights Commission.
3. How do I request a reasonable accommodation for my mental health needs?
   Make your request in writing to your landlord and provide supporting documentation from a healthcare professional if possible.
4. What types of accommodations might be considered reasonable?
   Examples include allowing a support animal, adjusting noise policies, or modifying communication methods. Requests must not cause the landlord undue hardship.
5. Where can I go if my rights are violated?
   You can contact the Saskatchewan Human Rights Commission and the Office of Residential Tenancies for support and to pursue complaints.

Key Takeaways

• Tenants with mental illness in Saskatchewan are protected by law from discrimination and have the right to reasonable accommodation.
• Complaints about discrimination should be made to the Human Rights Commission, while other tenancy disputes go to the ORT.
• Knowing your rights helps ensure fair treatment and access to safe housing.

Need Help? Resources for Tenants

• Saskatchewan Human Rights Commission – File a Complaint (includes online forms, guidance, and contact options)
• Office of Residential Tenancies (ORT) – Handles rental disputes, evictions, and complaints (online forms and information for tenants)
• Tenant Rights and Landlord Rights in Saskatchewan – Plain-language guide to all tenant and landlord rights in SK

---

1. The Saskatchewan Human Rights Code, 2018
2. The Residential Tenancies Act, 2006 (Saskatchewan)

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