Housing Discrimination

What the Law Says

Housing discrimination in Ontario is prohibited under the Ontario Human Rights Code. This is a separate legal framework from the RTA and applies to all landlords in Ontario.

Ontario Human Rights Code s.1-2:"Every person has a right to equal treatment with respect to occupancy of accommodation ... without discrimination based on a prohibited ground of discrimination."

Key principle: Discrimination can be direct (explicit) or indirect (systemic). A rule that sounds neutral but has a discriminatory effect may still be illegal.

Enforcement: Complaints are filed with the Human Rights Tribunal of Ontario (HRTO), which investigates and can order remedies including damages.

Protected Grounds in Housing

The 16 Protected Grounds

Discrimination based on any of these grounds is illegal in housing:

1. Race: Landlord refuses applicants based on race (Black, South Asian, Indigenous, etc.)
2. Colour: Distinct from race; e.g., preference for lighter skin tones
3. Ancestry or place of origin: "No Chinese applicants," "Prefer Canadian-born tenants"
4. Political belief: Rejecting tenants based on their political views
5. Religion: "No Muslims," "No Orthodox Jews," "Must attend church"
6. Marital status: Discriminating against single people or people in common-law relationships
7. Family status: "No children," "Families with kids too loud." Most common discrimination.
8. Disability: Mobility, mental health, chronic illness, using assistance animals or devices
9. Age: "Prefer younger tenants," discrimination against seniors
10. Sex/Gender: Treating men and women differently
11. Sexual orientation: "No gay couples," discrimination against LGBTQ+ tenants
12. Gender identity:Discrimination against transgender or non-binary people
13. Gender expression: How someone presents their gender
14. Record of offences: Using past criminal record (some limits apply if bona fide)
15. Association: Discrimination based on relationship to someone with protected ground
16. Harassment: Creating hostile environment based on protected ground

Common Forms of Housing Discrimination

Explicit Discrimination

Landlord directly states a discriminatory preference:

• "No families with children"
• "Prefer white tenants"
• "No people with disabilities"
• "Must be Christian"
• "No gays"
• "No single mothers"

Implicit or Systemic Discrimination

Landlord uses a seemingly neutral rule that has a discriminatory effect:

• Income requirement too high: Disproportionately excludes racialized or low-income applicants
• Requires employment letter: Excludes people on disability or EI
• "Quiet building": Code for excluding families with children
• No basement units to people with mobility issues: Even if they prefer basement rent
• Excessive pet restrictions: Excludes people with service animals

Harassment Based on Protected Ground

Landlord creates a hostile living environment:

• Making derogatory comments about your race, religion, gender
• Refusing accommodation for disability (e.g., refusing service animal)
• Making homophobic or transphobic remarks
• Differential treatment compared to other tenants

Discrimination During Application Process

Red Flags in the Application Process

• Application rejected without reason: No explanation given; other similar applicants approved
• Different questions for different applicants: Some asked about family status, religion, or origin; others not
• Applicant with same income approved, you denied: Only difference is a protected ground
• Deposit required of you but not others: Based on protected ground
• Excessive questions: Landlord asks about family plans, marital status, religious beliefs

What to Document

• All communications with landlord/agent (emails, texts, calls, conversations)
• Application and all questions asked
• Rejection letter or email
• If possible, information about other applicants approved (obtain through word-of-mouth or if communicated to you)
• Anything said to you suggesting the rejection was discriminatory

Discrimination During Tenancy

Discriminatory Evictions

Landlord may evict a tenant disproportionately based on protected ground:

• Evicting family with children for noise, but not childless tenants with noise complaints
• Evicting someone with disability for minor lease violation
• Serving N12 (landlord move-in) on tenant after they disclose disability or family status

Differential Treatment

Landlord provides different services or treatment to tenants:

• Slower response to repair requests from racialized tenants
• Charging higher rent to tenants with disabilities (illegal)
• Refusing reasonable accommodation for disability
• Allowing dogs for some tenants but refusing service dog

Harassment During Tenancy

Landlord engages in discriminatory behavior:

• Making racist, homophobic, or ableist comments
• Making frequent unwanted entries to unit with minorities tenants
• Refusing to fix issues in units of tenants with disabilities
• Threatening eviction based on protected ground

Filing HRTO Application

What is the HRTO?

The Human Rights Tribunal of Ontario (HRTO) is an independent tribunal that investigates housing discrimination complaints under the Ontario Human Rights Code. It is separate from the LTB.

Deadline: 1 Year

Critical: You must file a complaint within 1 year of the discriminatory act. If you miss this deadline, you lose the right to file.

Example: If discriminated against in April 2024, file by April 2025.

How to File

1. Go to hrto.ca or call the HRTO for an application form or submit online
2. Fill out the Application Form, including:
   • Your name and contact information
   • Respondent's name (landlord/property manager)
   • Description of the discrimination (specific dates, places, statements)
   • Protected ground(s) involved
   • Impact on you (emotional distress, costs, lost housing)
   • Remedy sought (damages, policy changes, etc.)
3. Attach supporting documents (emails, application denial, etc.)
4. Submit to HRTO (no filing fee for applicants)
5. HRTO serves respondent and case management begins

What Happens Next

• Application review: HRTO screens application to ensure it's within jurisdiction and filed on time
• Case management conference: Parties discuss the complaint and explore settlement (may be by phone or video)
• Mediation (optional): HRTO may facilitate settlement discussions
• Hearing: If no settlement, HRTO holds a hearing where both sides present evidence and arguments
• Decision: HRTO issues a written decision and remedial orders

Getting Legal Help

You can represent yourself or hire a lawyer. Many legal clinics provide free or low-cost help with HRTO complaints:

• Community Legal Clinics (free for low-income applicants)
• Human Rights Legal Support Centre (free support)
• Private discrimination lawyers (can be expensive but may take case on contingency)

Damages Available

Monetary Compensation

If HRTO finds discrimination, it can order the respondent to pay:

• General damages: For emotional distress, humiliation, injury to dignity (typically $500-$10,000+ depending on severity and duration)
• Special damages: Out-of-pocket costs (application fees, moving costs if forced to leave, difference in rent)
• Aggravated damages: If respondent's conduct was particularly malicious or reckless (up to $50,000+ in extreme cases)
• Lost opportunity damages: If denied housing, damages for the loss of the tenancy

Non-Monetary Remedies

HRTO can also order:

• Cease discriminatory conduct (stop the behavior)
• Accommodation (e.g., allow service animal in unit)
• Non-discrimination policy (landlord must adopt and post policy)
• Reinstatement (for eviction cases, reinstate tenant)
• Recapture or reversal of harm (undo the discriminatory action)

Examples of Damages

• Family status discrimination on application: General damages $5,000-$15,000 depending on impact
• Disability harassment during tenancy: General damages $3,000-$10,000; special damages for costs; aggravated damages if severe
• Racial discrimination/eviction:General damages $5,000-$20,000+; special damages for moving costs, difference in rent; possible aggravated damages
• Service animal refusal: General damages $2,000-$8,000 depending on duration and impact

Key Statutes

• Ontario Human Rights Code s.1-2:Right to equal treatment in accommodation
• Ontario Human Rights Code s.5:Harassment prohibited
• Ontario Human Rights Code s.8:Accommodation of disability (duty to accommodate)
• Ontario Human Rights Code s.10-11:Reprisal prohibited; associations protected
• Ontario Human Rights Code Part IV:HRTO jurisdiction and procedures
• RTA s.19-20: Discrimination and harassment also prohibited under RTA