This e-learning video is for the public, private and not-for-profit sectors. The module has been divided into five (5) parts including an optional quiz, and takes about 20 minutes to view. To begin, click on “Part 1.”
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Good and affordable housing is a right for everyone.
In rental housing, people are often denied these rights because of their colour, a disability, their age or sex, or because they have children.
The Code may not apply if you simply don't agree with your landlord or tenant about something.
Most housing providers treat people fairly. But some do not and refuse to rent to people because of their religion or skin colour or because they are gay.
Some don't know about the Code — but they still have to follow it.
The Code applies to all rental housing. The Code may not apply if you simply don't agree with your landlord or tenant about something.
Most housing providers treat people fairly. But some do not and refuse to rent to people because of their religion or skin colour or because they are gay. Some don't know about the Code — but they still have to follow it.
Housing providers include:
The Code covers all public and private housing: apartments, condominiums, co-ops and houses.
The Code includes everything in rental : advertising, being evicted, the rental agreement, rules for living in the unit or property and using the swimming pool or party room.
The Code is for tenants AND landlords. By 'landlord' we mean anyone who rents out a room, house, or apartment.
Tenants should be treated without discrimination. Landlords must make sure that their rentals are free from discrimination and harassment. Both have rights AND responsibilities.
People must not be refused an apartment, bothered by a landlord or other tenant, or treated unfairly just because of their colour, age, sexual orientation or any of the grounds under the Code.
Let's look at some examples of discrimination in rental housing. We've heard things like:
Here's what they mean.
A young Black man calls to see an apartment, but when he shows up, he is told, "sorry, it's rented". The young man's White friend calls and is told the unit is available. The Human Rights Tribunal said this was an example of negative attitudes, stereotypes and bias.
Subtle discrimination: the tenant has a mental illness. Before renewing the lease, the landlord says to her, "You'll take your medications, right?" and asks her to agree in writing to see her doctor. Here, the landlord tells the tenant that because she has a disability she has do something the other tenants don't.
The tenant has cerebral palsy and lives on her own. The landlord says, "She needs me to keep watch on her." He tries to control her life; he turns off the light as she goes down the stairs and often bangs on her ceiling from upstairs. The Tribunal said that he was harassing her.
A man tells his neighbours, who have young children, that kids should live in a house, not an apartment, and they should have a father and a mother, not two mothers. He complains to the landlord about any noise the kids make. Saying bad things about other tenants or doing things that make them unhappy because they are gay or don't have a "traditional" family can create a "poisoned environment" — a place or situation where some people are made to feel unwanted or insulted.
An example of systemic discrimination is when a landlord puts some people into apartments that need fixing, or into older buildings. He says the 'better units and newer buildings should be kept for Canadians', not immigrants.
A divorced white woman applied for an apartment. The father of her two children is black. The landlord tells her he doesn't want 'coloured' people visiting her. The Tribunal said that was "discrimination by association".
The Code protects tenants living in supportive or affordable housing. Neighbourhood opposition usually is often from people who say they agree with supportive or affordable housing as long as it's 'Not in my back yard!' (sometimes shortened to the acronym NIMBY). Some people try to stop some groups from moving into their neighbourhood — such as people with mental illness or who live in affordable housing. Some people try to stop some groups from moving into their neighbourhood. Such as people with mental illness, or who live in affordable housing. Here are some examples of discriminatory neighbourhood opposition:
Other examples are by-laws that don’t allow affordable housing in certain areas. Community meeting where the neighbours have signs or pamphlets that say negative things about the tenants who will live in the neighbourhood.
Some people refuse to rent to families, young people or those receiving disability benefits. They use ads that screen out people they don't want. For example, saying "Adults only," "Not suitable for children," "A quiet building," ...can screen out families and children.
Wording like: "Suits professional couple," "Working people only" ...can screen out lone parents receiving social assistance or people with disabilities.
Landlords must not ask questions that could lead to discrimination. For example, questions about income, rental, employment, or credit history, or a social insurance number can give information about race, place of origin or receiving public assistance.
Harassing or discriminating against a tenant creates a pattern of discrimination. For example: negative comments about someone's faith, a superintendent who won't make repairs because he doesn't approve of same-sex couples, policies that won't allow pets and keep out guide dogs, that won't allow a growing family to transfer to a larger unit or which restrict children from using recreational facilities like the swimming pool or party room can all be discrimination.
In this section, we'll look at how to choose tenants without violating their human rights. We'll look at rental ads and first contact. Next, we'll talk about which questions you can ask, and what to do with information about income, work, credit checks, rental history, security deposits, a social insurance number, a guarantor or a co-signer and direct deposit. And we'll look at adult-only buildings, children and recreational facilities, and renting out rooms in your home.
Be informed. Know your responsibilities under the Code and respect your tenants' human rights. Rental housing rules, policies and practices must not discriminate. Screening out people because of their race or other Code ground is not allowed. For example... screening out a possible tenant by telephone because she has an accent can result in discrimination based on language, place of origin, ethnic origin, race, ancestry or creed.
When writing rental ads, do not use questions on income, age, sex, marital status, number of children, religion, health, etc. If you have a good reason for needing the information, ask for it after the housing application is approved.
Landlords may ask many things, but they need to be clear on why they're asking...
Here's what the Code says about specific policies some landlords may wish to have...
Questions frequently asked by landlords...
Questions
1. I can’t live in adult-only apartments because of my children.
2. I’m 72, so it’s alright for the building manager to keep asking me if I’m ready to move into a retirement home.
3. I’m 16 and because I’m on my own, the Code protects me from discrimination if I want to rent my own apartment.
4. The woman who lives in the main floor unit doesn’t hide her dislike for tenants who receive social assistance. She says they should move away. If I complain to the co-op, they could evict me instead of her.
5. A landlord can’t refuse to show me and my boyfriend the apartment because we are a gay couple.
6. I’m a student with a young child. The landlord said he wants to rent to a couple. Is this discrimination?
7. I rent an apartment in a low-rise building with 3 floors. I live on the top floor, but now use a walker. I asked to transfer to a unit on the 1st floor, but the property manager said there’s a long waiting list. Is this discrimination?
8. Nobody wants noisy neighbours. The tenants upstairs work at night and sleep during the day. So when they come home, I can hear the TV or music playing in the morning. Is this discrimination?
9. The hall lights in Building A are dark and the common area is never cleaned. When new Canadians apply for an apartment, they are shown the new building but are given units in Building A instead. The landlord says the new building is for “Canadians”. Is this discrimination?
10. The manager of a local motel automatically gives Aboriginal guests rooms at the back. These are smoking rooms with no view of the lake. Is this discrimination?
11.What questions can you ask on a rental application form? Click all that apply.
12. Which of the following may screen out tenants based on Code grounds? Click all that apply.
13.Which of the following may screen out tenants based on Code grounds? Click all that apply.
14.My boyfriend works out of town and stays with me on the weekend. The superintendent says that it’s not good for my kids to have a man around who isn’t their father. This is an example of:
15. The office manager in my building always stops by the swimming pool when I’m there and tries to talk to me. He’s asked me out a couple of times and I told him I’m not interested. He knocked on my door and said the neighbours were complaining about the noise, but I’ve been away for the last week. This is an example of:
16.What wording may screen out tenants on Code grounds in rental ads?
Answers