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HUMAN RIGHTS

bc human rights for tenants

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DISCRIMINATION IN TENANCIES

According to section 10 of the BC Human Rights Code, a landlord may not refuse to rent to you because of your:

  • race
  • colour
  • ancestry
  • place of origin
  • religion
  • marital status
  • family status
  • physical or mental disability
  • sex
  • sexual orientation
  • age (if 19 or older)
  • lawful source of income

If you think you may have been discriminated against, contact the BC Human Rights Clinic at 1-855-685-6222.

A CLOSER LOOK

Family status: Landlords can restrict the number of occupants in your rental unit, but they are not allowed to refuse to rent to you because you have children. If you are searching for housing with a boyfriend or girlfriend, a landlord cannot refuse to rent to you because you are unmarried.

Lawful source of income: Landlords are not allowed to discriminate based on your source of income, as long as it is legal. For example, you cannot be refused a tenancy because you receive income from welfare, disability benefits, or student loans.

Age: Section 3 of the Residential Tenancy Act (RTA) allows landlords to rent to minors (under age 19). If you are a minor who has entered into a tenancy agreement with a landlord, you have all the same rights and responsibilities as any other tenant protected by the RTA. However, if you are under age 19, landlords are allowed to lawfully discriminate and not rent to you because of your age.

EXCEPTIONS

There are a few exceptions to the protected grounds listed in section 10 of the BC Human Rights Code. The laws about discrimination may not apply if:

  • the applicant will be sharing sleeping, bathroom, or cooking facilities with another person;
  • the building is designated for adults age 55 and older; or
  • the unit has the required permits to be designated for people with disabilities.

LANDLORD DUTY TO ACCOMMODATE A DISABILITY

Landlords have a duty to accommodate a tenant’s disability, up to the point of undue hardship. This means that if a disabled tenant requires part of their building, or a building policy, to be changed in order to use their rental accommodation fully and with dignity, their landlord must comply as long as it does not cause unreasonable challenges. For example, if a tenant in a wheelchair requires a ramp to get into their building, or a blind tenant requires brail to be installed in the elevator, their landlord may be required to accommodate these disabilities. In order for a landlord to prove that accommodating a disability would cause undue hardship, they generally have to show that paying for the accommodation would make it difficult for them to continue providing adequate services as a landlord, or that it would significantly interfere with other tenants’ rights in the building.

This video was taken from TRAC’s online course, Renting It Right.

FILING A COMPLAINT

You can file a complaint with the BC Human Rights Tribunal. If you would like assistance, contact the BC Human Rights Clinic.

WHAT THE LAW SAYS

  • RTA Section 3 – Act applies to tenancy agreement with a minor
  • BC Human Rights Code Section 10 – Discrimination in tenancy premises

PREVIOUS LEGAL DECISIONS

  • RTB Decision – RTB does not have jurisdiction to apply Human Rights Code
  • CanLii – Search past human rights decisions relating to tenancy
    • Example Decision: Biggings obo Walsh v. Pink and others, 2018 BCHRT 174

USEFUL LINKS / OTHER RESOURCES

  • BC Human Rights Tribunal
  • BC Human Rights Clinic

STARTING A TENANCY
Am I Covered By the Law?
Condition Inspection Reports
Fees
Finding Out Who My Landlord Is
Finding Rental Housing
Human Rights
Locks and Keys
Personal Information
Pets
Residential Tenancy Branch
Roommates
Security / Pet Damage Deposits
Tenancy Agreements
Tenant Insurance
Utilities
DURING A TENANCY
Bed Bugs / Other Infestations
Fees
Finding Out Who My Landlord Is
Guests
Locks and Keys
Paying Rent
Pets
Quiet Enjoyment
Rent Increases
Repairs and Maintenance
Residential Tenancy Branch
Roommates
Selling a Rental Unit
Services and Facilities
Serving Documents
Sublet and Assignment
Utilities
ENDING A TENANCY
Abandonment of Property
Breaching Important Terms
Breaking a Lease
Death of a Tenant
Enforcing an Eviction
Evictions
Fires and Other Disasters
Foreclosure
Locks and Keys
Moving Out
Residential Tenancy Branch
Security / Pet Damage Deposits
Selling a Rental Unit
Sublet and Assignment
DISPUTE RESOLUTION
Applying for Dispute Resolution
Enforcing a Monetary Order
Enforcing an Eviction
Finding Out Who My Landlord Is
I Disagree with my Decision
Important Deadlines
Participating in a Hearing
Preparing for a Hearing
Residential Tenancy Branch
Resolving Without a Hearing
Serving Documents
The Decision and Order
TYPE OF TENANT
Disability
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TYPE OF HOUSING
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Secondary Suites
Subsidized Housing

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