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Home / Discrimination in housing – Ontario housing law basics

Discrimination in housing – Ontario housing law basics

May 14, 2021

  • What laws exist that protect me from discrimination in housing?

    In Ontario, the Human Rights Code protects individual from discrimination and unfair treatment in five areas:

    • Housing
    • Services
    • Contracts
    • Employment
    • Membership in a vocational association and/or trade union

    The Code also identifies 16 grounds upon which individuals should be protected from discrimination in the area of housing:

    • Disability
    • Race
    • Colour
    • Ancestry
    • Place of origin
    • Citizenship
    • Ethnic origin
    • Creed (religion)
    • Receipt of public assistance
    • Gender Identity
    • Gender Expression
    • Sex
    • Sexual orientation
    • Marital status
    • Family status
    • Age

    Specifically in relation to housing the Code states:

    “Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance.”

    This means that individuals are protected from discrimination in housing based on the 16 grounds above. If an individual experiences discrimination in housing, it is considered illegal and a violation of the Human Rights Code.

    If you think you are facing discrimination when trying to access housing, or in any matter in your housing, CCHR may be able to assist you. Please contact us for support:

  • In which circumstances can discrimination occur in housing?

    Discrimination can occur in any area of housing.

    Some people may face discrimination when trying to access housing. For example, a landlord may refuse to rent to someone because they think that person is too young, or that they won’t be able to pay the rent because they receive social assistance, or because they hold prejudicial attitudes about the applicant’s race or ethnicity.

    Other people may face discrimination while they are living in their unit. For example, a landlord may refuse to make changes to a unit to accommodate their tenant’s physical needs, or they may try to evict a tenant who is having a baby because they do not want a family living in the unit.

    These are all examples of discrimination in housing as defined by the Ontario Human Rights Code.

    The Code guarantees equal treatment and protection from discrimination in all aspects of housing. The right to be free from discrimination in housing includes not only the right to enter into a rental agreement and start a residential tenancy, but also the right to be free from discrimination in all matters during an individual’s tenancy.

    Discriminatory treatment in any aspect of housing is illegal.

    If you think you are facing discrimination when trying to access housing, or in any matter related to your housing, CCHR may be able to assist you. Please contact us for support:

  • How do I know if a landlord has discriminated against me?

    The Ontario Human Rights Commission provides some information on how to identify discrimination. However, it can be difficult to identify and prove that discrimination has occurred, because discriminatory behaviour can often be subtle or unintended.

    Various factors could be the cause of a negative housing issue, and it’s possible that none of these factors are due to discrimination as defined by the Human Rights Code. If you think you have experienced a negative issue in your housing – for example, a landlord has refused to rent to you – you should consider whether or not the landlord’s actions may have been discriminatory based on at least one of the protected grounds of the Human Rights Code.

    If multiple factors contributed to a negative housing issue – like an individual being denied fair access to housing – and at least one of these factors were due to discrimination, the outcome could be the result of discrimination, and a violation of the Code.

    If you think you are facing discrimination when trying to access housing, or in any area of housing, CCHR may be able to assist you. Please contact us for support:

    You can also file an application with the Ontario Human Rights Tribunal.

    The Human Rights Tribunal is one of eight Ontario Tribunals. When a complaint is filed with the Tribunal, they will determine whether or not the Code has been violated. If a person files an application with the Human Rights Tribunal they may need to attend a mediation session or a hearing and provide evidence of their complaint. If the Tribunal determines that there has been a violation of the Human Rights Code, the Tribunal may order what is known as a remedy, such as financial compensation.

    If you would like assistance filing a human rights complaint, contact the Human Rights Legal Support Centre:

  • I’ve faced discrimination in housing. What can I do?

    If you think you are facing discrimination when trying to access a place to call home or to ensure that your home is fit for you to live in, CCHR may be able to assist you. Please contact us for support:

    You can also file an application with the Ontario Human Rights Tribunal.

    The Human Rights Tribunal is one of eight Ontario Tribunals. When a complaint is filed with the Tribunal, they will determine whether or not the Code has been violated. If a person files an application with the Human Rights Tribunal, they may need to attend a mediation session or a hearing and provide evidence of their complaint. If the Tribunal determines that there has been a violation of the Human Rights Code, the Tribunal may order what is known as a remedy, such as financial compensation.

    If you would like assistance filing a human rights complaint, contact the Human Rights Legal Support Centre:

If you need help in your housing, we may be able to assist you.

The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.

Learn more about Ontario renters’ rights and landlord responsibilities.

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