A Landlord s Reference Guide to. Human Rights in Rental Housing

Transcription

1 A Landlord s Reference Guide to Human Rights in Rental Housing

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3 A Landlord s Reference Guide to Human Rights in Rental Housing This booklet has been developed by Landlord s Self Help Centre, a specialty clinic funded by Legal Aid Ontario and mandated to support Ontario s small scale landlord community by providing information, summary advice and educational materials and programs. The booklet will help landlords gain a better understanding of how they are impacted by the Ontario Human Rights Code. This booklet is intended to: Provide a basic overview of the Ontario Human Rights Code and how it applies to rental housing in Ontario Identify the kinds of rental situations that are not covered by the Ontario Human Rights Code Clarify if the difference between harassment and the various forms of discrimination found in rental housing situations Explore the meaning of Duty to Accommodate: Provide informative examples of various housing related situations involving discrimination or harassment Provide links to human rights resources for landlords.

4 Disclaimer The information contained in this booklet is for informational and educational purposes only, it is not legal advice. If you require legal advice, please contact a lawyer or paralegal.

5 Introduction The Ontario Human Rights Code is a provincial law which assures equal rights and opportunities for all people without discrimination. The foundations of the Ontario Human Rights Code are established by international law pursuant to the Universal Declaration of Human Rights and under the Canadian Charter of Rights and Freedoms. The Ontario Human Rights Code (the Code) is such an important law that it has priority over other legislation. If there is a conflict between provisions of the Code and a law such as the Residential Tenancies Act, the Code must be followed first unless an exception to this rule is specified. The Ontario human rights system includes three organizations: The Human Rights Tribunal of Ontario which deals with complaints of discrimination under the Ontario Human Rights Code; The Human Rights Legal Support Centre which offers legal services to individuals (usually not landlords) who believe they have experienced discrimination; and The Ontario Human Rights Commission which is an independent statutory body that provides leadership for the promotion, protection and advancement of human rights, and builds partnerships across the human rights system and society. The Ontario Human Rights Commission s policies and guidelines set standards for how individuals, employers, and policy makers should act to ensure their policies and procedures comply with the Code. While the Ontario Human Rights Commission s policies are not binding on courts or the Ontario Human Rights Tribunal, they have a strong influence and are applied to the facts of cases which are before the court or tribunal and are quoted in decisions. The Ontario Human Rights Commission published the Policy on Human Rights and Rental Housing in October 2009 to provide guidance on interpreting the provisions of the Code. Landlord s Self Help Centre has created this brochure to simplify the contents of the Human Rights and Rental Housing Policy. It is also intended to raise awareness within the small landlord community to the Ontario Human Rights Code and the impact the Code has on them as housing providers and their relationships with tenants and prospective tenants. This booklet will help landlords gain a clear understanding of their role as housing providers and reinforce their obligation to treat tenants who are seeking housing or trying to maintain their housing with fairness and dignity.

6 Overview Why do we need a Human Rights Code? A person or group should not be treated differently or unfairly because of who they are, what they believe, or the situation they find themselves in. The Ontario Human Rights Code (the Code) assures equal rights and opportunities for all people without discrimination in five key social areas, these include: services, goods and facilities; housing accommodation; contracts; employment; and vocational associations. Examples of where the Code offers protection includes joining a gym, obtaining insurance, going to college, going to a doctor, shopping in a mall and dealing with a co worker or employer. The Code also provides protection from discrimination and the right to be free from harassment in housing situations. What are the Grounds of Discrimination? Landlords need to know that people cannot be refused an apartment, harassed by a housing provider, other tenants or otherwise treated unfairly because of one or more of the following Ontario Human Rights Code grounds: race, colour or ethnic background religious beliefs or practices ancestry, including individuals of Aboriginal descent place of origin citizenship, including refugee status sex (including pregnancy and gender identity) family status marital status, including those with a same sex partner disability sexual orientation gender identity gender expression age, including individuals who are 16 or 17 years old and no longer living with their parents receipt of public assistance For the purposes of this publication, a person who falls into one or more of these grounds categories can be described as a Code protected person. 2

7 Government legislators and policy makers, planners, tribunals and courts must address discrimination in housing in all their activities, strategies and decisions. Likewise, housing providers, whether large or small scale landlords, are obliged to inform themselves about their duties under the Code in the same way that they must be aware of other rules like zoning bylaws, the Ontario Fire Code, and the Residential Tenancies Act. The Ontario Human Rights Code applies to rental agreements landlords have with tenants and to anyone who is making an application to become a tenant. All landlords are subject to the Code, whether they are renting a self contained unit or a room or two in their family home. Are there exceptions? There are three situations in rental housing which are not covered by the Code, these include: 1. Shared Facilities Where the owner of the premises and/or the owner s family live in the same premises and shares a bathroom or kitchen facility with the tenant or roomer. S. 21(1); 2. Same Sex Where all residential accommodation in a building, other than that of the owner and/or the owner s family, is restricted to persons who are all of the same sex. S. 21(2); and 3. Screening Using Prescribed Business Practices The right to equal treatment is not infringed if a landlord uses income information, credit checks, credit references, rental history, guarantees or other similar business practices in the manner set out under the Code when selecting prospective tenants. S. 21(3). Ontario Regulation 290/98 made under the Ontario Human Rights Code clarifies that landlords may request income information from a prospective tenant only if the landlord also requests credit references, rental history, and credit checks. The landlord must consider the income information together with all the other information that the landlord obtained. The Human Rights in Housing Policy allows the use of income information on its own as a way to consider the suitability of a prospective tenant if the applicant was asked to provide rental history information and credit references, but did not do so. The criteria must be used in a genuine and non discriminatory fashion. These methods of assessing an applicant may not be used in an unfair manner to screen out prospective tenants based on Code grounds. 3

8 Discrimination and Harassment What is discrimination? In the context of the Ontario Human Rights Code, discrimination can be understood as a way of treating a person differently because of their personal situation or background, and in doing so, causing harm to their self worth or dignity. The right to be free from discrimination applies to a range of housing situations, including applying for a rental unit, entering into a rental agreement and maintaining occupancy of a residential dwelling. Landlords are allowed to be selective or discriminating in ways that can be proven to be reasonable and justifiable in order to meet business objectives such as minimizing risk. For example, if a landlord chooses not to rent to a prospective tenant because that person: smokes; has a pet (unless that pet is required because of a disability); refuses to allow the landlord to do a credit check; or has demanded a higher than normal amount of maintenance from their prior landlord it is unlikely to be considered discrimination under the Ontario Human Rights Code. Discrimination can be either direct discrimination or constructive discrimination. Direct Discrimination is discrimination that happens when landlords enforce a rule, practice or policy that places an unfair burden on the tenant or applicant, whether or not it is intentional. For example, it is direct discrimination if a landlord refuses to rent to a person because they are unmarried or South Asian or lesbian or schizophrenic. Constructive Discrimination is more subtle or hidden because it often involves a landlord applying a rule or policy that seems to treat people equally but has a discriminatory effect on a person or group covered by one or more of the Code protected grounds. This is considered to be adverse effect or constructive discrimination, whether or not the landlord intended to discriminate. Unless the rule or requirement is reasonable and made is good faith or the Code specifies otherwise, the rule will be considered to have discriminated against or infringed on the rights of a person or group identified by a protected ground. Even if there is no intent to discriminate on the part of the landlord, if the practice, rule or policy used by the landlord has an outcome that is discriminatory, it is still considered to be discrimination. For example, the use of income ratios (e.g. requiring that a tenant use no more than 30% of their income to pay rent) is not permitted unless the landlord is a social housing provider, where tenants often pay a rent that is geared to their income. Where a tenant or prospective tenant makes a claim against a landlord through the Human 4

9 Rights Tribunal of Ontario alleging discrimination or harassment by the landlord, the landlord must file a response form to explain their actions. The landlord might claim that the rules or requirements they used were reasonable or bona fide in the particular circumstances. The Human Rights Tribunal of Ontario will not consider a rule or requirement reasonable and bona fide in the circumstances unless the needs of the group of which a person is a member cannot be accommodated by the landlord without undue hardship considering only the cost, outside sources of funding, if any, and health and safety requirements. The rules around constructive discrimination are the same whether or not the landlord intended to discriminate against the affected party. 5

10 How is fairness maintained? There is no checklist to help landlords ensure they achieve the required level of fairness in their operating procedures. A good starting point is the vacancy advertisement; landlords should always keep an open mind when dealing with prospective tenants. The screening process begins after interested applicants have submitted rental applications; it should not begin when advertising the rental unit. It is discriminatory to make assumptions about who might want to live in the unit and to describe the unit in ways that would exclude certain people. Vacancy ads often contain language that excludes certain people or groups, some ads are discreet while others openly discriminate. The phrases which discourage people who do not fit a profile often include: Ideal for quiet couple Suitable for single professional Perfect for female student Suits mature individual or couple Great for working folks or students Samples of statements which openly discriminate include: Adult building Must provide proof of employment Must have working income No ODSP Seeking mature couple Whether using traditional print media or an online ad, landlords should describe the rental unit and amenities and avoid trying to describe the ideal tenant: Bright and cozy top floor bachelor apartment, deck, full bath, shared laundry. $750 per month incl. heat and hydro. Close to transit, stores and park. 6

11 What is harassment? The Code provides that every person who occupies accommodation has a right to be free from harassment by a landlord, an agent of the landlord or an occupant of the same building because of a Code protected ground. Harassment is defined in the Code as "engaging in a course of vexatious comment or conduct that is known or reasonably ought to be known to be unwelcome. Whether a landlord knows the behaviour towards a tenant is hurtful or intimidating or the behaviour is seen as such from the point of view of a reasonable third party, the result is the same: the tenant is being harassed. Sometimes it is obvious that certain comments or conduct from a landlord or neighbouring tenant will be seen as disrespectful or unwelcome. Even if it is not obvious to the person responsible, the target of the comments or conduct may find the situation to be distressing. If such unwelcome conduct or comments are repeated despite protests from the targeted person, there may be a violation of the Code. In either kind of situation, the landlord is responsible to make sure that the harassment stops. If the landlord fails to take reasonable steps to stop the harassment, the landlord could be subject to a human rights complaint. This does not mean that the target of the comments or conduct is required to object to the harassment at the time in order to claim their rights under the Code have been violated. The person who is the target of harassment may be afraid of the consequences of speaking out. Landlords must not retaliate or make threats such as eviction to get even with a tenant who makes a human rights claim, as the retaliation itself may become the basis of another human rights claim. 7

12 What is the Duty to Accommodate? The Code requires all employers, service providers and landlords to accommodate or make alternate arrangements for the human rights related needs of an employee, customer or tenant, unless it would cause undue hardship due to cost or health and safety concerns. Adjusting conditions or practices related to employment, services or tenancy promotes equality and eliminates disadvantages that the employee, customer or tenant may otherwise experience. Landlords have a duty to accommodate the Code related needs of tenants, to make sure the housing they supply is designed to include people identified by Code grounds and to take steps to remove any barriers that may exist, unless to do so would cause undue hardship. Where an accommodation that relates to a Code related need has been identified, landlords must promptly provide the most appropriate accommodation in order that the person s needs are met, and they are able to achieve the same level of enjoyment and participation experienced by others. Where providing the most appropriate accommodation would cause undue hardship, landlords should examine the next best, phased in or temporary accommodations. The duty to accommodate is made up of three principles: Respect for Dignity Any accommodation provided must be done in a manner that most respects the dignity of the person. Dignity includes consideration of how the accommodation is provided, with an emphasis on the individual s own participation in the process of accommodation. Individualized Accommodation Each person must be considered, assessed and individually accommodated. Each person s needs are unique and must be thought about on an individual basis if a request for accommodation is made. There is no one solution fits all formula for accommodating a person s needs. Integration and Full Participation Both physical structures and social attitudes must be barrier free and inclusive in order to achieve genuine inclusiveness for Code protected persons. If barriers exist and the removal of such barriers is not possible, then accommodation should be provided short of undue hardship. Unless it can be shown that an integrated solution would pose undue hardship on the landlord, the solution that involves segregating or isolating one Code protected person from the other residents of a property is unacceptable and less dignified. For example: A tenant, who requires the aid of a wheelchair, requests that a wheelchair ramp be constructed at the front of the building so that he may have dignified access to the rental property where the other tenants enter and leave the building. After making several detailed inquires, the landlord determines that a wheelchair ramp at the front entrance of the rental property cannot be constructed without extensive and costly renovation that will also require a 8

13 reduction in the floor space of the front tenant s rental unit. The landlord determines that a wheelchair ramp can be constructed at the rear entrance of the building. This partial accommodation may be adequate to meet the landlord s duty to accommodate. What is the process of accommodation? The Human Rights in Rental Housing Policy sets out that the person seeking accommodation is responsible for telling the landlord that they have Code related needs that require accommodation. Before asking the landlord for accommodation, a tenant may be expected to make reasonable efforts to first take advantage of outside resources available to them. The prospective tenant or accommodation seeker has a responsibility to: Advise the landlord of the need for accommodation of a Code ground Make needs known to the best of their ability, so the landlord can make the requested accommodation Answer questions or provide information on restrictions or limitations, including accommodation related information from health care professionals, where appropriate and as needed Take part in discussions on possible accommodation solutions Co operate with any experts whose assistance is required Fulfill responsibilities agreed upon Work with the landlord to manage the accommodation process Example: The landlord requires all prospective tenants to complete a rental application which includes credit history information. The prospective tenant asks the landlord to consider accepting a guarantor instead of credit history explaining that she recently became separated from her spouse and she does not have an established credit history having not previously worked outside the home. The landlord or accommodation provider may ask about any available outside resources that the person has enquired into. The accommodation provider has a responsibility to: Accept the request for accommodation in good faith unless there are valid reasons for acting otherwise Get expert opinion or advice when needed Respect the privacy of the requester by keeping the matter confidential Respond to the request promptly Actively seek out possible solutions Ask only for information that is needed to make the accommodation Example: The landlord requires all prospective tenants to complete a rental application which includes credit history information. A prospective tenant proposes a guarantor in the place of credit history and explains she recently separated from her spouse and does not have an established credit history. The landlord agrees and accepts a guarantor in lieu of credit history. 9

14 The Duty to Accommodate is a Shared Responsibility The duty to accommodate is a shared responsibility, both the landlord and the tenant are required to be fully involved in the process. Accommodation is about sharing and exploring ideas to discover a reasonable accommodation, it is not just about meeting the demands of the tenant for a single solution. The tenant has a duty to facilitate the search of an appropriate accommodation and do their part as well. When determining whether a duty of accommodation has been fulfilled, the conduct of the tenant must also be considered. A recent case involving an application for termination of the tenancy because the tenant was selling drugs and operating a crack house in his apartment provides an excellent example and establishes a case law precedent, which serves as a guide for future situations, with respect to the landlord s duty to accommodate, the obligation of the tenant to participate in the process of accommodation and an interpretation of the meaning of undue hardship. The Divisional Court decision in the case of Connelly v. Mary Lambert Swale Non Profit Homes tells us that tenants who suffer with disabilities must do their part in finding an appropriate accommodation and provides an excellent precedent for landlords. In this case, the tenant appealed a decision where the landlord had obtained an order terminating the tenancy. The tenant was found to be a drug dealer operating a crack house in his unit. The tenant s grounds for appeal argued an error in law has occurred because the significance of the addiction to drugs under the Ontario Human Rights Code was not specifically analyzed. The tenant s addiction to drugs was accepted by the Court as a disability within the meaning of the Ontario Human Rights Code. However, a clear distinction between the tenant s addictiondisability and the decision to deal drugs from his apartment and operate a crack house was made by the Court. The Court agreed that a tenant could not be evicted for behaviour caused by a disability if an accommodation can be reached without undue hardship. However, the Court rejected the argument that the landlord had to permit the tenant to operate a crack house in order to accommodate his disability. The tenant argued that he contributed to the accommodation by undergoing drug treatment. The Court did not allow the appeal and found this to be an undue hardship for the landlord by substantially interfering with the rights of other tenants. 10

15 Tenant participation in the process of exploring and facilitating options for accommodation is important to the process of finding an accommodation solution. The landlord and tenant work together to find an effective and reasonable accommodation through the sharing of information and ideas. Where an accommodation request has been made or where it is evident to the landlord that the tenant is in need of accommodation, and the tenant refuses to participate in the process of exploring or facilitating accommodation solutions, the landlord may have met their burden to accommodate the tenant to the point of undue hardship. The Divisional Court decision in Morguard v Peters underscores the importance of the landlord s proactive efforts to accommodate a tenant s disability and the tenant s obligation to actively participate in the process of finding an accommodation. The tenant appealed a decision from the Landlord and Tenant Board in which the tenancy was terminated based on a substantial interference with enjoyment. The Board also awarded the landlord $5,205 for damages for a ruined refrigerator, flooring and the significant expense for cleaning and disinfecting the unit. The Board determined the landlord did all it could to accommodate the tenant. In the appeal, the tenant argued that the Board did not exercise discretion given evidence of the tenant s mental disability. However, the Board had found the tenant was mentally disabled within the meaning of the Ontario Human Rights Code and, as a result of the disability, had difficulty keeping her unit clean. The unit was cluttered, in a state of severe uncleanliness which emanated a foul odour due to garbage. The odour had been so strong that another tenant had to be relocated. The landlord had made best efforts to accommodate the tenant and had requested assistance from Community Care Access Centre, sought help from the tenant s emergency contact and requested assistance from a social service agency. The tenant refused all assistance when offered and the emergency contact did not take action. The Court agreed that the landlord had taken reasonable steps to accommodate the tenant and upheld the decision of the Landlord and Tenant Board. This case illustrates the important roles landlords have in actively trying to accommodate tenants with disabilities. It also confirms that the accommodation process must be a joint effort and the tenant is not entitled to refuse all offers. Landlords should ensure that they document their efforts to work with a tenant to find an accommodation by keeping detailed notes and records. 11

16 What is undue hardship? Every tenant who is identified by a Code ground is entitled to accommodation up to the point of undue hardship. If a landlord claims undue hardship as a defence or reason why they cannot make the accommodation, it is the landlord s responsibility to provide evidence of how the hardship would be created by making the requested accommodation. A landlord who claims accommodating the Code related needs of the individual would cause undue hardship should be aware that the Code defines only three factors that may be considered when assessing whether an accommodation would cause undue hardship: cost; outside sources of funding, if any; and health and safety requirements, if any. In the event of a dispute the Ontario Human Rights Tribunal will only consider the following: Cost Human rights law acknowledges that different sizes of business have different thresholds of financial difficulty. An undue cost for a small landlord may not be an undue cost for a larger one. Where possible, landlords must take steps to offset the costs of accommodation by applying for grants, subsidies or other outside sources of funding, including tax deductions or other government benefits. The landlord must also try to phase in solutions over a number of years if they cannot do the work or make the change all at once. Costs must be quantifiable, meaning they must be able to be measured. The landlord must show the cost is related to the accommodation. Finally, the cost must be so great or substantial that it would alter the essential nature of the business, or so significant that it would substantially affect its viability. Outside Sources of Funding If the cost of an accommodation is too large to carry out all at once, it may be possible with the help of outside funding to phase it in over time, or to create a reserve fund. Landlords must investigate and access any available outside sources of funding. Funding may be available to the individual through a charity or community agency. Funding such as grants or loans may be available to the landlord/property owner through various levels of government such as Canada Mortgage and Housing Corporation (CMHC), or from community agencies. Health and Safety Requirements Whether or not the accommodation of a Code protected person would still result in an unreasonable health or safety risk. Health and safety risks will amount to undue hardship if the degree of risk that remains after the accommodation has been made outweighs the benefits of enhancing equality for the Code protected person. Evidence to show undue hardship must be objective, and will include: Financial statements and budgets; Scientific data, information and data resulting from empirical studies; Expert opinion; and, A detailed log about the activity, the requested accommodation, information about the 12

17 conditions surrounding the activity and their effects on the Code protected person or group. Note: Business inconvenience, third party preference, and alternate contracts do not constitute undue hardship. 13

18 Examples of Discrimination Often situations involving discrimination will involve a combination of human rights grounds. For the purposes of keeping matters simple and easy to understand, we have provided the following single issue samples of Code related problem situations along with possible solutions or comments. Sexual Orientation A prospective tenant responds to your advertisement for a one bedroom rental unit. He explains that the unit is ideal for him and his same sex partner because it is just blocks away from their place of employment. You are uncomfortable with a same sex couple residing in your rental unit and you refuse to provide the prospective tenant a rental application. Landlords are not permitted to refuse to rent to a person because of their sexual orientation. A landlord is encouraged to provide every prospective tenant with a rental application and to consider each application. Gender Identity and Gender Expression A prospective tenant arrives to view the vacant apartment you have advertised. The applicant appears to be a man wearing a woman s dress and you become extremely uncomfortable. You tell the applicant that the previous appointment has put a deposit on the unit and the unit has been rented. Gender Identity and Gender Expression are new Code protected groups (June 2012) which include transsexual, transgender and intersex persons, cross dressers, and other people whose gender identity or expression is, or is seen to be, different from their birth identified sex. A landlord cannot refuse to rent to someone because they dress or behave differently from their birth identified sex. Family Status A woman contacts you in response to your advertisement for a two bedroom unit for rent. She explains that the unit is ideal for her and her three children as they attend the school directly across the street. You respond to the woman that as the unit has only two bedrooms, it is too small for three children. You wish her luck in finding something more suitable for her family size. A landlord cannot refuse to rent to a family because the unit does not offer a bedroom for each of the prospective tenant s children provided the number of people occupying the unit complies with health and safety standards and does not contravene any overcrowding by laws. Receipt of Public Assistance A prospective tenant contacts you regarding a unit advertised for rent. Upon submission of the rental application, the prospective tenant explains to you that five years ago he was the victim of a workplace injury and that he currently relies on ODSP benefits as his main source of income. You respond to the prospective tenant that it is your policy to ask for a guarantor where the prospective tenant s main source of income is public assistance. As a 14

19 result the tenant was unable to rent the unit. A landlord cannot provide a prospective tenant with differential treatment because they receive social assistance. Guarantors or co signers may be appropriate where a tenant has poor references and credit history. Landlords are not permitted to require a guarantor solely because a prospective tenant is a member of a Code protected group. Place of Origin or Nationality A prospective tenant submits a rental application for your rental unit. The prospective tenant explains that they have moved to Canada two months ago and are currently looking for employment, however, he has substantial savings. You respond that because he has no credit history or rental history you have no way of assessing whether he would be a reliable tenant and you deny his application. The lack of rental history or credit history of a newcomer to Canada should not be viewed as negative rental history or credit history. A landlord should be flexible when assessing a newcomer to Canada as a prospective tenant. Where a prospective tenant lacks this type of history for reasons related to a Code ground, a landlord should look at other available information to complete their assessment. Age A young woman responds to your for rent sign posted in your window regarding your basement apartment. She explains that she is a sixteen year old student who no longer lives with her parents. You respond to the woman that she must be 18 years or older to enter into a tenancy agreement and refuse to provide her with a rental application. Although the Code generally protects only people aged 18 years or older against discrimination in housing accommodation based on age, persons who are 16 or 17 years old who have withdrawn from parental control are also protected. A landlord cannot refuse to rent to someone just because they are 16 or 17 years of age. Marital Status A prospective tenant meets with you to view your rental unit. He explains that the unit is ideally suited for him and his roommate. You prefer to rent to a married couple as the neighbourhood is family oriented, however you accept his application. When he contacts you about the status of his application, you respond that the unit has already been rented, however you continue to advertise the unit for rent. When a landlord is considering a prospective tenant, the landlord should not screen out applicants because they are unmarried. Landlords are advised to refrain from telling a prospective tenant that the rental unit is already rented when it is not. Sex You are a landlord of a small rental apartment in the basement of your home tenanted by a young woman. Often you see her on her way to work in the mornings; you are always sure to comment on her outfits, reminding her that women look more feminine in skirts and how pretty she looks with her hair pinned up. 15

20 Yesterday, your tenant informed you that she is pregnant. You explain to your tenant that the house is adult only and ask her when she intends on moving out. A landlord should be mindful and refrain from making gender based comments to tenants or prospective tenants as this could constitute sexual harassment. A landlord cannot discourage a woman from continuing her tenancy because she is pregnant or may become pregnant. Religious Beliefs or Practices A gentleman requests a rental application for your available unit. When he returns with the application he is accompanied by his wife who wears a burqa, (a traditional garment worn by some women of Muslim faith). You are mistrustful of the garment and tell the gentleman that the unit is no longer available but continue to advertise the unit for rent. It is contrary to the Code for a landlord to refuse to rent to a prospective tenant because of their religious beliefs or practices. Ancestry A woman telephones you to inquire about a unit available for rent that you have advertised in a local newspaper. You inform the prospective tenant that the unit is available for rent and encourage her to bring the deposit in order for her to secure the unit. Upon meeting the prospective tenant you comment your surprise that she is of native ancestry. When she offers you the rent deposit you requested on the telephone, you refuse to accept it with a comment reflecting a stereotype you attribute to persons of native ancestry. You falsely communicate to the tenant that you have appointments with additional prospective tenants and rent the unit to someone else. A landlord is permitted to screen prospective tenants by using common business practices and must refrain from using stereotypes relating to a particular ancestral group when completing this assessment. Race, Colour or Ethnic Origin You are a landlord of Chinese descent. You are not fluent in the English language and to avoid any issues which can arise due to a language barrier, you only rent to Cantonese speaking persons. Your tenant speaks Cantonese. Yesterday your tenant informed you that her boyfriend has moved into the rental unit and will be living with her. Her boyfriend is not of Chinese descent and does not speak Cantonese. You explain to your tenant that it is against your policy to have non Cantonese speaking persons residing in your rental unit and tell her she must find somewhere else to live. A landlord cannot enforce policies which have the effect of excluding a person because of their race, colour, ethnic origin or any other Code protected ground. This protection extends to a tenant s or prospective tenant s association with a person identified by a Code protected ground. Disability Your current tenant lives with a mental illness which is treated by medication. Occasionally your tenant forgets to take his medication, resulting in periods of disruptive 16

21 behaviour. Recently you have received complaints from your other tenants that this tenant is screaming and slamming doors at night, making it difficult for them to sleep. Your other tenants have threatened to move out if the problem continues. Afraid of losing your other tenants, you serve your tenant with a notice to terminate their tenancy for disturbing the other tenants reasonable enjoyment of the rental property. A landlord has a duty to accommodate a tenant with a mental or physical disability to the point of undue hardship. To determine whether a mental illness is the cause of the disruptive behaviour and how the problem can be rectified, the landlord may meet with the tenant and explore alternative options. In a situation where a tenant living with a mental illness fails to take their medication causing the tenant to be disruptive to the other tenants, the landlord and the tenant can establish an emergency plan whereby the landlord notifies a family member or support worker when there is a problem. The landlord and the tenant both have a responsibility to fulfill their obligations. 17

22 Ontario Human Rights Commission - Policy on Human Rights and Rental Housing Human Rights and Rental Housing elearning Fact Sheet Writing a fair rental housing ad Human Rights Tribunal of Ontario or Toll-Free Respondent s Guide Guide to Preparing for a Hearing HearingBeforeTheHRTO.pdf Human Rights Tribunal - Frequently Asked Questions Centre for Equality Rights in Accommodation (CERA) - Landlord and Tenant Board - Toronto or Toll-free Interpretation Guideline 17 - Human Rights Landlord s Self-Help Centre or Toll-free Human Rights Information Hub Canada Mortgage and Housing Corporation - Programs and Financial Assistance to make rental property more accessible for people with disabilities Resources 18

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24 Landlord s Self-Help Centre