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.
Discrimination and rental housing
Most landlords and housing providers try to comply with the Ontario Human Rights Code and work hard to meet the needs of their tenants. However, for some tenants, discrimination in housing is not an unusual occurrence. The lack of affordable and adequate housing, when combined with overt and subtle discrimination in housing, means that many people protected by the Code are excluded from the housing market, forced to pay higher rents than they can actually afford, or relegated to poor quality housing options.
Human rights and not-in-my-back-yard (NIMBY)
NIMBY opposition to affordable housing development was a major human rights issue raised by consultees, including both tenant advocates and housing providers. People should not have to ask permission from anyone, including prospective neighbours, before moving in just because of stereotypes relating to grounds under the Ontario Human Rights Code (Code). Concerns about affordable housing projects should be legitimately anchored in planning issues rather than stereotypical assumptions about the people who will be housed.
Commission launches report calling for collective housing strategy
Toronto - Chief Commissioner Barbara Hall and the Ontario Human Rights Commission today launched “Right at home: Report on the consultation on human rights and rental housing in Ontario.” This report, which follows a year of public sessions, meetings and submissions involving hundreds of individuals and organizations across the province, focuses on housing as a human right, and sets out a framework for collective action to identify, remove and prevent discrimination in rental housing.
Human Rights system changes take effect
Toronto - The Human Rights Code Amendment Act, 2006, S.O. 2006, c. 30 is now in effect. As a result, the Ontario Human Rights Commission will no longer accept complaints of discrimination. All new applications alleging discrimination are to be filed with the Human Rights Tribunal of Ontario (HRTO). Complaints that were filed with the Commission before June 30, 2008 can be changed to applications to the HRTO if the Complainant takes an active step to do so.
Right at home: Report on the consultation on human rights and rental housing in Ontario
Right at home: Summary report on the consultation on human rights and rental housing in Ontario
Re: Jennifer Brown’s February 16th article on apartment hunting
Jennifer Brown’s article has good advice on how to deal with credit history and debt when assessing prospective tenants. But it does not mention the legal obligations landlords have under Ontario’s Human Rights Code. Of most concern is Industry representative Rob Watt’s implication that landlords could use a 30 percent maximum rent-to-income ratio to deny tenancy.
Letter to the Mayor and Members of Council, City of Oshawa re: revised residential licensing bylaw
Re: Residents angry over housing project
The Ontario Human Rights Commission has identified discriminatory NIMBY “Not in My Back Yard” opposition as a human rights concern and a major barrier to the development of much needed affordable and supportive housing.
Housing consultation survey
Toronto – On releasing the Commission’s 2006-2007 Annual Report today at Queen’s Park, Chief Commissioner Barbara Hall commented that, “This has been a year of debate, dialogue and development at the Ontario Human Rights Commission.”