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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:

On municipal responsibilities in planning and licensing housing:

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

Comment of the Ontario Human Rights Commission on the City of Toronto's Proposed Zoning By-law

September 2009 - The Commission is providing comment on the City's proposed zoning by-law because the by-law has the potential to affect the housing rights of many people across the City, particularly with respect to those living in affordable housing (group homes, seniors' residences, shelters, lodging houses, etc.). The right to be free from discrimination in housing under the Code could extend to the development of affordable housing projects for people and groups identified by the Code. In addition, the Commission believes it is important to highlight the City's progressive vision of housing and human rights through its newly developed Housing Charter.

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.

Policy on human rights and rental housing

July 2009 - The Policy sets out the OHRC’s position on discrimination in the area of rental housing as it relates to the provisions of the Ontario Human Rights Code (the Code), and to Canada’s international human rights obligations. It deals primarily with issues that fall within the Code and could be the subject of a human rights claim. At the same time, the Policy interprets the protections of the Code in a broad and purposive manner. This approach is consistent with the principle that the Code’s quasi-constitutional status requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are reached.

Adjudication Boards Built Human Rights into Decisions

June 18, 2009

Toronto - Recent settlements of complaints with the Workplace Safety and Insurance Board and the Ministry of Municipal Affairs and Housing show an emerging commitment to human rights, the Ontario Human Rights Commission reports. The settlements follow the Supreme Court of Canada decision in Tranchemontagne v. the Ministry of Community and Social Services. In that decision, the Court told the Social Benefits Tribunal to apply the Code to resolve the issue before it. The Supreme Court stressed the primacy of the Code over other Ontario laws, unless the legislation governing the body expressly states that the Code will not prevail.

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.

Letter to City of Oshawa Task Force regarding student housing

December 11, 2008 - Thank you for speaking with my staff and me on such short notice about the student housing situation in Oshawa. We appreciated the opportunity to share our concerns about the human rights impact of the landlord licensing by-law and to talk about the efforts the City of Oshawa is making in working with constituents to identify housing solutions. We understand that this is an issue of great concern to students, homeowners and landlords alike, and can see that Oshawa, through its UOIT/Durham College Student Housing Task Force, is attempting to tackle all of these perspectives head-on to address the needs of the community.

The consultation on human rights and rental housing

In May 2007, the Commission initiated a public consultation with the launch of background and consultation papers both entitled Human Rights and Rental Housing in Ontario. Beginning in June 2007, the Commission held public and private meetings in four cities across the province to hear about the extent of the problems and to identify potential solutions. Around 130 organizations and an additional 24 individuals participated in afternoon consultation meetings in Kitchener-Waterloo, Ottawa, Sudbury and Toronto, and over 100 people participated in evening sessions in these locations.

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