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Receipt of public assistance

In housing, the Code protects tenants against discrimination based on receipt of public assistance. “Public assistance” – more commonly referred to as social assistance – includes Ontario Works, OSAP, ODSP, Old Age Security, Employment Insurance, etc.

Some housing providers have negative attitudes towards people who are poor. They may take several steps that could contravene the Code, such as:

  • screen out prospective tenants based on stereotypes about poverty and poor people
  • impose illegal rental criteria (such as security deposits)
  • provide substandard housing-related services
  • harass tenants
  • be more quick to try to evict.

Relevant policy:

  1. Human rights commissions and economic and social rights

    2001 - This paper is one of several initiatives by the Ontario Human Rights Commission to explore ways in which human rights commissions can become more involved in protecting and promoting economic and social rights and in implementing international treaties to which Canada is a party. The challenge for human rights commissions is to find ways to maximize the potential of their mandates to promote international standards, including those contained in the International Covenant on Economic, Social and Cultural Rights.
  2. II. Affordable housing

    From: Consultation paper: Human rights and rental housing in Ontario

    Ontario is one of the wealthiest jurisdictions in the world. Yet, there are still many Ontarians who do not have access to adequate and affordable rental housing. There appear to be several reasons for this, including a shortage of housing supply, low social assistance and wage rates and discrimination practiced by housing providers. Measures have been undertaken in recent years to address housing supply, for example the much talked about Canada/Ontario Affordable Housing Agreement. However, it is clear that much remains to be done.
  3. Systemic and societal human rights issues in housing

    From: Right at home: Report on the consultation on human rights and rental housing in Ontario

    The Commission heard that the eligibility criteria for some of these programs make them inaccessible to people on disability pensions or social assistance. MMAH noted that some service managers allow or disallow social assistance recipients and social housing tenants from accessing rent bank assistance because they already benefit from other programs.
  4. Appendix A: Poverty, social condition and the Human Rights Code

    From: In the zone: Housing, human rights and municipal planning

    The OHRC knows that low social and economic status is a common factor in many types of housing discrimination. People identified by Code grounds are disproportionately likely to have low incomes. The shelter allowance rates for people and families who receive social assistance are far below market levels.

  5. Ontario Human Rights Commission Submission regarding Interim Reports of the Commission for the Review of Social Assistance in Ontario

    March 2012 - The OHRC will focus its comments on the issues and barriers identified in the CRSAO’s reports that connect to the OHRC’s current priority initiatives dealing with racism experienced by Aboriginal people and other groups as well as disability, especially mental health discrimination.

  6. 8. Socio-economic status, mental health and addictions

    From: Minds that matter: Report on the consultation on human rights, mental health and addictions

    Many individuals and organizations talked about people’s experiences with poverty. Poverty is a significant concern for people across Ontario with psychosocial disabilities. Unemployment, underemployment, discrimination and the lack of affordable housing for people with psychosocial disabilities were identified as major factors contributing to poverty.

  7. Minimum income criteria

    From: Human Rights and rental housing in Ontario: Background paper

    Those seeking rental housing who are in receipt of public assistance, as well as other Code-identified individuals with low incomes, have been particularly affected by the application of minimum income criteria. Many landlords apply a standard guideline that a tenant applicant should be spending no more than 25-35 percent of his or her income on rent. Those who fall short of this ratio are rejected.

  8. More Homes Built Faster Act – OHRC submissions

    The OHRC welcomes the government’s effort to address the housing crisis. As the government moves to implement More Homes Built Faster, it is vital to take a human rights-based approach to housing law, policies, programs and bylaws. This includes Ontario’s obligations under the Human Rights Code (Code) and recognition of the right to housing as affirmed in the National Housing Strategy Act. 

  9. OHRC submission on the More Homes Built Faster Act: Inclusionary zoning

    From: More Homes Built Faster Act – OHRC submissions

    The OHRC is supportive of the Ministry of Municipal Affairs and Housing’s (MMAH) efforts to standardize rules for inclusionary zoning, and strongly encourages MMAH to take a human rights-based approach to this work. The OHRC believes this is an opportunity to strengthen inclusionary zoning to increase access to permanent affordable housing, especially for vulnerable tenants who generally are protected by the Code. As a result, the OHRC recommends there would not be any change that weakens the rules that govern inclusionary zoning.

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