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Housing

Use of the term “accommodation” refers to housing. You have the right to equal treatment when buying, selling, renting or being evicted from an apartment, house, condominium or commercial property. This right also covers renting or being evicted from a hotel room. 

The Code applies to terms and conditions in contracts and leases such as the amount of rent, security deposits, the requirement of guarantors, occupants’ rules and regulations, lease termination and eviction. Your right to housing without discrimination also includes suitable access to doors, laundry rooms, swimming pools, other common areas, repairs and other aspects of housing.
 
The Code does not apply if you have a “personality conflict” with the landlord or another tenant that is not linked to a Code ground. Also, the Code does not apply if you share a bathroom or kitchen with the owner or the owner’s family.
 
The Code also applies to municipalities, as both regulators and providers of housing. They must ensure that their bylaws, processes and decisions do not target or disproportionately affect groups relating to a Code ground. 
 
OHRC policies, guides and other publications include:
 
On human rights and rental housing:

For other publications on housing, click “Resource Types” on the left-hand panel.

  1. Comment of the Ontario Human Rights Commission on Every Door is the Right Door: Towards a 10-Year Mental Health and Addictions Strategy - Ministry of Health and Long-Term Care

    August 2009 - The Ontario Human Rights Commission, (the “Commission”) commends the Ministry of Health and Long-Term Care (“Ministry”) for its work on an improved strategy to meet the needs of Ontarians with mental illnesses and addictions. The Commission is pleased to provide its input on this discussion paper, particularly with respect to the sections on Stigma and Healthy Communities.
  2. Submission of the Ontario Human Rights Commission to the Standing Committee on Social Policy on an Act to regulate retirement homes

    May 2010 - Through its various consultations on age, disability, housing, and mental health, the OHRC has heard about the human rights concerns that have arisen with respect to retirement homes. For example, it has heard about retirement home providers not accommodating older residents' disabilities. It has heard about issues of heterosexism and homophobia, where gay, lesbian or bisexual people's lives were not recognized and their partners not acknowledged, or they were subjected to homophobic treatment by facility staff. Several groups expressed concern regarding the cultural, linguistic, and religious needs of older persons living in care facilities.
  3. Human rights and mental health (fact sheet)

    The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario and applies to the areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations. In Ontario, the law protects you from discrimination and harassment in these areas because of mental health disabilities and addictions. This includes past, present and perceived conditions.

  4. Re: Submission of the Ontario Human Rights Commission on Bill 21, an Act to regulate retirement homes

    May 14, 2010 - The Ontario Human Rights Commission (OHRC) supports the regulation of retirement homes across the province. However, we ask the Committee to consider specific recommendations to amend the Bill to enhance the ability of retirement homes providers to meet their obligations under the Ontario Human Rights Code (Code)
  5. Ontario Human Rights Commission Submission regarding Accessibility for Ontarians with Disabilities Act Legislative Review

    The Ontario Human Rights Commission (the OHRC) welcomes the opportunity to provide input into the independent mandatory review of the Accessibility for Ontarian’s with Disabilities Act, 2005 (AODA). The OHRC has a long history of engaging its broad mandate promoting and protecting the rights of persons with disabilities, including providing advice to government dating back to 1998 on the development of successive pieces accessibility legislation as well as more recent submissions on standards being developed under the AODA.
  6. Letter to the Attorney General regarding Police record checks on potential jurors

    June 4, 2009 - The Ontario Human Rights Commission was concerned to learn this past week about broad police record checks being conducted on some jury pools. While this matter raises important issues around disclosure, impartiality, judicial fairness, privacy, and informed consent, there are also human rights implications for individuals with mental health disabilities under Ontario’s Human Rights Code.
  7. OHRC Submission to the MMAH on proposed changes to the Ontario Building Code

    March 1 2013 - The OHRC recognizes that accessibility requirements have been enhanced with each new edition of the Building Code regulation and welcomes the latest proposal for new barrier-free design requirements. The OHRC also has a number of concerns about the proposed changes as well as additional recommendations for barrier-free requirements in the Building Code regulation.

  8. Submission to the Ministry of Municipal Affairs and Housing on land use planning and appeal system review

    January 2014 - The Ontario Human Rights Commission (OHRC) has used a range of its functions to reduce and eliminate discrimination relating to land use planning. However, to meet Ministry goals and be consistent with Ontario’s Human Rights Code, the land use planning and appeal system needs to incorporate a human rights lens and provide human rights-related information, education and resources to those who implement and use the system. Planners and decision-makers throughout the system and in municipalities will benefit from clear guidance from the Province.

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