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:
- Policy on human rights and rental housing
- Human rights for tenants (brochure)
- Human rights in housing: an overview for landlords (brochure)
- Writing a fair rental housing ad (fact sheet)
- Guidelines on developing human rights policies and procedures
- Discrimination based on disability and the duty to accommodate: Information for housing providers
On municipal responsibilities in planning and licensing housing:
- In the zone: Housing, human rights and municipal planning
- Room for everyone: Human rights and rental housing licensing
- Neighbourhood housing tip sheet
- Planning and human rights: legal cases and resources (fact sheet)
- From Exclusion to Inclusion: Human Rights and Planning (OPPI webinar)
For other publications on housing, click “Resource Types” on the left-hand panel.
Re: Information Report on the Lynwood Charlton Centre (CM12005)
Your Worship and Councillors, I am writing to restate my concerns about the human rights implications raised by the zoning application by the Lynwood Charlton Centre. As stated in my letter of January 24, 2012, applying the radial separation distance to this application makes one ask whether the City of Hamilton is creating discriminatory barriers for vulnerable people.
Responding to public inquiries about tenancy or human rights
This section includes contact information for various government bodies that monitor both tenancy and human rights issues. Tenants have a number of options for making complaints:
Human Rights Tribunal of Ontario
To file a human rights claim, tenants or prospective tenants can contact the Human Rights Tribunal of Ontario at:
Toll Free: 1-866-598-0322
TTY: 416-326-2027 or Toll Free: 1-866-607-1240
Website: www.hrto.ca
Inquiries launched into rental housing licensing in North Bay, Waterloo
Toronto – Two public interest inquiries by the Ontario Human Rights Commission (OHRC) will explore if new rental housing licensing bylaws in North Bay and Waterloo create discriminatory barriers to rental housing. New bylaws in the two municipalities come into force in the next few months – Waterloo’s on April 1, 2012 and North Bay’s on May 1, 2012.
In the zone: Housing, human rights and municipal planning
2012 - This guide offers an overview of the human rights responsibilities of municipalities in housing. It offers information about the various legislated tools municipalities have, and shows some examples of how municipal planners, councillors, Housing Service Managers, District Social Service Boards and others can use “best practices” to overcome discriminatory neighbourhood opposition and promote housing that is free from discrimination. The guide can also be a resource for organizations and advocates who are working with municipalities to advance human rights in housing.
Building human rights into municipal planning is aim of new OHRC guide
Kingston - Attorney General John Gerretsen today joined Barbara Hall, Chief Commissioner of the Ontario Human Rights Commission, to launch In the zone: Housing, human rights and municipal planning. The guide offers municipalities information about their legal obligations, and about the tools and best practices they can apply to connect human rights and housing when making zoning and planning decisions.
5. Discrimination and rental housing
In 2007, the OHRC conducted a consultation on discrimination in rental housing. We heard about the concerns that many people with mental health and addiction issues face in renting and keeping housing. We reported on these concerns in Right at home: Report on the consultation on human rights and rental housing in Ontario, and developed our Policy on human rights and rental housing.
The shadow of the law: Surveying the case law dealing with competing rights claims
This document explains the legal backdrop for the Commission’s Policy Framework. It is divided into two main sections. The first provides an overview and summary of key legal principles from some significant legal decisions. This section aims to help readers understand the relevant legal background when seeking to conciliate or otherwise reconcile competing rights claims. The second part of the document surveys the leading cases that deal with competing rights. It also provides examples of situations where the leading cases, and the key principles from them, have been applied by courts and tribunals. It is divided by the types of rights conflicts that most commonly arise. The cases are discussed in some detail as the specific factual context of each case is so important to the rights reconciliation process.
APPENDIX B: Housing Protections in Canadian Human Rights Legislation
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Ground |
CAN |
AB |
BC |
MB |
NB |
APPENDIX A: Glossary of Terms
Affordability is defined by the Canada Mortgage and Housing Corporation as “housing that costs less than 30 percent of total before-tax household income.”[257]
The Rental Housing Landscape in Ontario
Access to Affordable Rental Housing
It seems clear that one of the central causes of the difficulty that many individuals in Ontario have in accessing living accommodations is the lack of adequate, affordable rental housing.
