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.
A policy primer: Guide to developing human rights policies and procedures
December 2013 - The purpose of this guide is to provide organizations with some practical help for developing effective and fair ways to prevent human rights infringements, and for responding to human rights issues such as harassment, discrimination and accommodation needs. Employers, landlords and service providers all have an obligation to make sure that human rights are respected, and can all benefit from the information provided in this publication.
Neighbourhood housing tip sheet (fact sheet)
February 2014 - Elected and municipal officials often need to respond to questions about rental, affordable, social and supportive housing. These questions often involve human rights. Here are some human rights points to consider.
Re: Student housing can benefit a neighbourhood, Feb. 19
February 21, 2014 – Thank you for pointing out that “student housing can benefit a neighbourhood.” The points you make about not applying different rules for students, and the need to focus on the character of a building instead of potential tenants, echo the human rights messages we have been sending across Ontario. Everyone – including students – has human rights in housing. Making decisions based on the “perceived desirability of the people who might want to live there” is not the way to build healthy, welcoming communities.
Your guide to special programs and the Human Rights Code
December 2013 - Under the Code, all organizations are prohibited from treating people unfairly because of Code grounds, must remove barriers that cause discrimination, and must stop it when it occurs. Organizations can also choose to develop “special programs” to help disadvantaged groups improve their situation. The Code and the Canadian Charter of Rights and Freedoms both recognize the importance of addressing historical disadvantage by protecting special programs to help marginalized groups. The Supreme Court of Canada has also recognized the need to protect “programs” established by legislation that are designed to address the conditions of a disadvantaged group.
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.
Sexual harassment [16]
Sexual harassment in housing and workplaces
“Harassment” in this section means comments or actions based on sex, sexual orientation, gender identity or gender expression that are unwelcome to you or should be known to be unwelcome. They may include humiliating or annoying conduct. Harassment requires a “course of conduct,” which means that a pattern of behaviour or more than one incident is usually required for a claim to be made to the Tribunal. However, a single significant incident may be offensive enough to be considered sexual harassment.
Housing [4]
Proposed lodging house licensing bylaw and the associated proposed zoning bylaw amendment
Lodging houses are an important form of affordable housing for many vulnerable groups identified by Human Rights Code grounds, including residents who receive public assistance, racialized persons, people with disabilities, newcomers, older and younger people, and single women. For this reason, the Ontario Human Rights Commission (OHRC) offers the following comments on the proposed lodging house licensing bylaw and the accompanying zoning bylaw amendment.
Duty to Accommodate
Accommodation rights and responsibilities under the Ontario Human Rights Code.
Submission to the City of Toronto on group homes and “dwelling room accommodation” – October 22. 2013
The Ontario Human Rights Commission (OHRC) would like to bring several items to the attention of the Planning and Growth Management Committee as the Committee considers the Chief Planner’s reports on group homes and dwelling room accommodations at its October 22, 2013 meeting.