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This toolkit is designed to assist small-to-medium-sized landlords in implementing the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its accessibility standards. It should be read in conjunction with the AODA, its regulations and the accompanying resource guide. The guide is designed to provide you with information about the law and provide you with practical solutions to the accessibility challenges small-to-medium-sized landlords face.

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How to choose tenants without violating their human rights

In Ontario, landlords are prohibited from discriminating against rental applicants or tenants on sixteen grounds known as “prohibited grounds “. Some rental ads can be explicitly discriminatory while others discriminate “by accident”. Ontario Human Rights Commission states that “preferential” language choices by landlords are just as problematic as blatantly discriminatory word choices:  

“Some landlords, when listing “selling points” to attract tenants, make statements that may discriminate, even if they don’t mean to. This often happens when you are trying to appeal to people you think may like the rental unit… These statements suggest that the landlord prefers some people over others. …These ads discourage good tenants from applying, because they think they won’t be treated fairly.” 

 Examples of explicit discriminatory language and preferential language:  

Available for ONE person
Employment letter with salary required
Employment and government ID is required
Perfect for a single mature adult
The perfect place for working professionals
Ideal place for young professional or a couple
Suitable for quiet professional couple without kids

The Ontario Human Rights Commission advises landlords to keep a few things in mind when write a rental ad.

Instead of describing the ideal tenant, list the rent, size and other information about the unit itself, the building, and nearby services that may appeal to tenants.

You can request landlord references, rental credit or credit history, but keep in mind that a lack of rental credit or credit history doesn’t mean that a person cannot pay their rent.  
You can ask for income information, but only to confirm that the person has enough money to pay the rent.  
A lot of info requested on applications is not necessary and could be used to demonstrate discrimination, such as SIN number, Employer information and identification documents.

Ontario landlord responsibilities

Landlords are required to:  

Provide repairs in a timely manner  
Only request legal deposits 
Provide interest on rent deposit at end of tenancy 
Provide at least 24 hours’ written notice if they need to enter the unit 
Only raise the rent once per year by the amount determined by the municipality  
Respect the rights of all tenants and treat them with courtesy  
Provide a receipt for rent if requested

Landlord responsibilities to tenants with disabilities

Landlords’ duties in case of request for accommodation:  

Accept the request for accommodation in good faith, unless there is a legitimate reason to do otherwise  
Take an active role searching for accommodation solutions 
Maintain confidentiality  
Grant accommodation requests in a timely manner  
Pay for any required medical documentation or information  
Bear the cost of accommodation up to the point of undue hardship

What does undue hardship mean?

A women pushing another women in a wheelchair

Landlords are required to take accommodation requests from tenants with disabilities seriously and respond to them in a timely manner. Landlords are only able to deny an accommodation request if they can prove that meeting the request constitutes “undue hardship.”  

A landlord can only claim undue hardship if accommodating a tenant would seriously threaten the financial viability of their business or endanger the health or safety of other tenants.  

Both the landlord and the tenant should look into whether any outside sources of funding, such as government grants, are available to help pay for the cost of accommodation.  

It is the responsibility of the landlord to prove undue hardship. They should consider: 

The threshold for undue hardship is high 
Evidence of undue hardship must be objective and real (e.g. financial statements and budgets) 
Landlords may have to hire qualified experts and consultations. Speculation is not persuasive evidence of undue hardship

CCHR is committed to making legal information relevant to the lives of those who need access to housing justice the most. This toolkit aims to equip youth and facilitators with the tools to develop strategies for human rights advocacy in housing within communities across Ontario, and to host workshops with youth to learn about housing rights and discuss their communities’ housing experiences.

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This toolkit provides guidance to help people in Ontario with Environmental Sensitivities (sometimes called Multiple Chemical Sensitivities or “MCS”) request accommodations for a disability from their landlord under Ontario’s Human Rights Code. It was produced by the Canadian Centre for Housing Rights (CCHR), formerly called the Centre for Equality Rights in Accommodation (CERA).

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This guide for service providers was developed by the Canadian Centre for Housing Rights (CCHR) when we were known as the Centre for Equality Rights in Accommodation (CERA), in partnership with the Metis Nation of Ontario and the Law Foundation of Ontario.

The 25-page guide is designed to help service providers assist their clients assert and enforce their legal rights in the Ontario housing market. The majority of the guide pertains to applications of the Ontario Human Rights Code to housing, but you will also find information about other relevant legislation including the Residential Tenancies Act (RTA) and Housing Services Act (HSA) where applicable. In the following pages you will find useful legal information, access to supports and effective strategies to help you empower your clients, and assist in facilitating their access to stable and adequate housing.

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Inside the guide:

The Ontario Human Rights Code
How important is the Code?
Who is protected by the Code?
What is discrimination
Housing and the Code
Harassment
Reprisal
What are my rights?
Ontario’s human rights system
How to file an application
Other things you should know

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How to choose tenants without violating their human rights

Ontario landlord responsibilities

Landlord responsibilities to tenants with disabilities

What does undue hardship mean?

Download the toolkit

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