Fair Housing Laws in Canada – What Do They Mean for You?
In Canada, landlords and tenants have important rights and responsibilities under the law. Both parties must understand and follow these regulations, especially regarding fair housing laws in Canada. Whether looking for a house for rent, Markham, or renting out a property, ignorance of these laws won’t shield you from their consequences.
These laws exist to ensure that everyone has equal access to housing and to protect tenants from discrimination. For landlords, failing to comply with these laws can lead to serious legal trouble. If you are a landlord or a tenant in provinces like Ontario, British Columbia, Manitoba, Quebec, Prince Edward Island, or Yukon, knowing the ins and outs of fair housing laws is crucial.
This guide provides an overview of the fair housing laws in Canada from a landlord’s perspective. Understanding these laws can also help tenants protect their rights as they search for a place to call home.
Table of Content
What are Fair Housing Laws?
In Ontario, the Human Rights Code protects individuals from discrimination in five key areas, including housing. This protection extends to 16 grounds, such as disability, race, and family status. The Code guarantees equal treatment for tenants in all aspects of housing, from entering into rental agreements to matters arising during a tenancy.
Fair housing laws in Canada aim to prevent discrimination against tenants based on specific characteristics. Landlords must familiarize themselves with these protected traits to ensure an impartial and legal tenant screening process. The following characteristics are protected under Canadian law, per the Human Rights Code:
- Race, Colour, and Ethnic Background
- Religious Beliefs or Practices
- Ancestry, Including People of Aboriginal Descent
- Place of Origin
- Citizenship, Including Refugee Status
- Sex, Including Pregnancy and Gender Identity
- Family and Marital Status
- Disability
- Sexual Orientation
- Age, Including People Who Are 16 or 17 Years Old and No Longer Living with Their Parents
- Receipt of Public Assistance
- Being a Friend or Relative of Someone Identified Above
Prohibited Discriminatory Practices
Canadian landlords should be well-versed in the discriminatory practices prohibited under fair housing laws in the country and understand that engaging in any of these practices can have serious legal consequences. It’s imperative that they steer clear of such action and ensure they treat their tenants fairly.
Here are some examples of discriminatory practices that the fair housing laws frown upon:
- Refusing to rent a property in Mississauga or other cities to a qualified tenant based on their protected class.
- Setting different rent amounts based on the ethnic background or religious beliefs of the applicant.
- Asking discriminatory questions about a tenant’s disabilities during the screening process.
- Advertising a rental property using language that excludes renters of certain protected classes.
- Denying a rental application without a valid reason, such as their rental history.
- Treating tenants with different classes differently based on their characteristics.
- Harassing a tenant because of their race, colour, age, or any other protected class.
- Threatening a tenant with eviction solely based on their protected characteristic.
- Charging tenants with certain characteristics higher fees and security deposits.
Tenant Screening Process
When screening potential tenants, landlords have the right to consider certain factors such as rental history, credit references, income information, and the need for a guarantor. However, it is crucial to apply these criteria uniformly to all applicants and avoid discrimination when listing your Toronto condo for rent.
Here are some guidelines for each factor to ensure compliance with fair housing laws:
Rental History
Landlords can screen tenants based on their ability to pay rent and rental history, including previous rental references, to assess their level of responsibility. It is important to consider timely rent payment and property maintenance, which is well within the landlord’s rights.
Credit References and Credit Checks
Landlords can request credit references and perform credit score checks on potential renters to evaluate their financial responsibility. However, it is essential to apply this rule to all applicants and focus on financial considerations rather than personal characteristics.
Income Information
Landlords may ask for income information to ensure the tenant can afford the rent. However, income restrictions should be applied uniformly to all candidates and not used as a cover for discrimination. The focus should be on the tenant’s financial reliability.
Guarantors
Landlords can accept a guarantor if a potential renter does not meet income or credit standards. A guarantor is a third party who agrees to be financially responsible for the rent if the tenant fails to pay. However, the conditions for requesting a guarantor should be the same for all occupants, regardless of protected characteristics.
Accommodating Tenants with Disabilities
Under fair housing laws in Ontario and a few other provinces, landlords have a legal duty to accommodate tenants with disabilities. This means making reasonable modifications to rental homes or rules to ensure equal access for differently-abled tenants.
Accommodating your tenants’ needs may include physical modifications to the property or adjustments to existing regulations and practices. Remember that you cannot refuse service or support animals, even if there is a no-pet policy, as they are essential for some people with disabilities.
Landlords should actively engage with tenants to find the best solutions and ensure the privacy of any personal or medical information shared.
Landlord’s Rights Under Fair Housing Laws
Landlords are obligated to maintain a habitable environment for their tenants, addressing maintenance and repair requests promptly. However, it is unfair to say that fair housing laws do not safeguard landlords’ rights – read more about them in our blog on this site. As long as they are aware and aligned with the local regulations, they are entitled to:
Rent Increases
Implementing a rent hike without giving the required notice or exceeding the allowed percentage is illegal under fair housing laws.
Landlords can increase rent but must follow the guidelines to ensure fairness. Usually, a 12-month gap is required between rent increases, and there is a percentage cap on how much the rent can go up.
Standard Lease Terms
Landlords have the right to set standard lease terms, such as rent payment methods, pet policies (unless a pet is a service or support animal), and maintenance responsibilities.
Evictions for Just Cause
Evictions are legally allowed under specific circumstances, such as non-payment of rent, illegal activities, or if the landlord requires the unit for their own use. It is important to follow the legal eviction process and not use evictions as retaliation.
It is always important to remember that harassing a tenant, either by the landlord or other tenants, especially based on protected grounds, is prohibited under fair housing laws.
Proactive Measures for Landlords
Landlords can take proactive measures to ensure compliance with fair housing laws and foster an inclusive rental environment. These measures include the following:
- Clear policies should be established that do not allow any form of discrimination or harassment.
- They should familiarize themselves with landlord-tenant rights and regulations to avoid unintended infractions. Consider attending classes or seminars on equitable housing.
- Meticulous records of the tenant selection process, including applications, referrals, and correspondence, should be maintained to demonstrate fair and impartial processes.
- Rental standards and criteria should be regularly reviewed to ensure they align with current fair housing laws. If necessary, seek legal guidance to ensure compliance.
If this seems like too much, hire a property management company to take care of the entire process. You will need to pay their cut, but it may be worth it for a hassle-free tenant relationship.
Tenant Complaints and Grievances
In Canada, the appropriate authority to address these complaints varies by province. As fair and well-informed landlords, it’s crucial to be aware of the specific agency in your province where tenants can report discrimination.
Additionally, share this information with your tenants if they ask for it or when needed. This ensures transparency in the landlord-tenant relationship and empowers tenants to address any discrimination.
If a tenant feels that they have been subjected to discrimination or bias by a landlord, they have the right to file a complaint and seek resolution through various avenues, including:
Ontario Human Rights Commission
Tenants can file a complaint with the Ontario Human Rights Commission, which investigates and mediates housing discrimination cases.
Human Rights Legal Support Centre
The Human Rights Legal Support Centre provides free legal services to individuals who believe they have experienced discrimination under the Human Rights Code.
Human Rights Tribunal of Ontario
The Human Rights Tribunal of Ontario adjudicates cases of discrimination and provides remedies, including compensation, to victims of discrimination in housing.
Conclusion
The Canadian government recently announced strengthening protections for renters – specifically, a new Canadian Renters’ Bill of Rights, and measures to address issues such as renovictions and rental pricing transparency. This proposed move underscores the importance of fostering an inclusive and equitable rental environment nationwide.
As landlords, staying informed about these developments and proactively adapting practices to align with the changing regulations is essential. By prioritizing fair treatment and equal opportunities for all tenants, they can contribute to the realization of Canada’s fair housing laws.
Remember, while this article offers general guidance, seeking professional legal advice is essential as property management laws may evolve over time. If you’re considering investing in rental properties, particularly condos for sale in Barrie or Milton homes for sale, don’t hesitate to reach out to a trusted real estate brokerage.
At Save Max, we offer expert guidance to ensure a smooth and compliant property management experience. Feel free to ask for assistance with your property investment needs.
References:
Human rights in housing: an overview for landlords (brochure) | Ontario Human Rights Commission. https://www.ohrc.on.ca/en/human-rights-housing-overview-landlords-brochure
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