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Ontario’s Human Rights Code (the “Code”) applies in various transactional contexts, including residential tenancies. Specifically, pursuant to the Code, tenants (and prospective tenants) have the right to equal treatment free of prejudice or discrimination.

Below you’ll find an overview of tenants’ rights under the Code, as well as guidance for tenants, landlords, and housing co-ops regarding the Human Rights Tribunal of Ontario (“HRTO”) complaints process.

Discrimination

Discrimination occurs where a tenant is treated differently, denied a benefit, or subject to additional pressures or obligations, on the basis of one of the Code’s 17 protected grounds:

• Citizenship;

• Race;

• Place of origin;

• Ethnic origin;

• Colour;

• Ancestry;

• Disability;

• Age;

• Creed;

• Sex/pregnancy;

• Family status;

• Marital status;

• Sexual orientation;

• Gender identity;

• Gender expression;

• Receipt of public assistance (in housing); and 

• Record of offences (in employment).

A housing provider may not discriminate against prospective tenants in their housing applications, nor existent tenants in their accommodations. However, treatment in violation of the Code must be related to one of the foregoing grounds to constitute discrimination. Unfavourable treatment due to personality conflict, financial means, or political views, for example, will not constitute discrimination under the Code.

Housing Applications

Landlords may not discriminate against prospective tenants in their rental applications on the basis of the foregoing enumerated grounds. This means, for example, that a landlord cannot refuse to rent to someone solely because they receive social assistance, or on the basis of their family status. 

Poor rental history or credit, however, are acceptable reasons for a landlord to deny prospective tenants access to housing. And credit checks are common practice among Ontario landlords, permissible under the law.

Property Maintenance 

The Residential Tenancies Act (the “RTA”) requires landlords to maintain units in a state fit for habitation, complaint with all applicable health, safety, housing and maintenance standards. As discussed in our previous post regarding housing co-ops though, the RTA generally will not apply to housing co-ops. The Code, however, requires all housing providers (i.e., landlords of standard units and housing co-ops alike) to accommodate tenants’ disabilities to the point of undue hardship.

For instance, the HRTO has ruled that refusing a tenant’s accommodation request for temporary relocation from premises with fresh paints and varnishes causing illness - due to environmental sensitivities recognized as a disability - constituted discrimination in breach of the Code.

Harassment

Harassment means repeated comments or behaviours related to a protected ground that are known (or should be known) to be unwelcome. 

It typically requires a course of conduct, meaning a pattern of behaviour. Or at least more than one incident. For example, repeatedly demeaning comments about how a tenant uses a wheelchair might be considered harassing in the housing context. Though even just one incident, if serious or substantial enough, may support a finding of harassment where the incident creates a poisoned environment.  

Additionally, where residents are harassing others in a residential building or housing co-op, the landlord or co-op overseeing the building may be held responsible if they fail to take appropriate action to stop violation of the tenants’ rights. For example, in 2016, the HRTO awarded 10 co-op members a cumulative $30,000 (i.e., $3,000 each) as compensation for their co-op’s failure to respond to a “vulgar" and "incredibly vicious” campaign of harassment. 

HRTO Complaints

If a tenant or prospective tenant is subject to discrimination by their housing provider, or harassed within their residence, they may file a complaint with the HRTO.   

Filing

The application must be filed within one (1) year of when the alleged discrimination or harassment happened. In the case of a pattern of related events, the victim may file their application within one (1) year of the last event. In exceptional circumstances, the HRTO may hear a late application if satisfied with the reason for the delay, and where the delay will not substantially prejudice the other parties. 

Given the current case backlog at the HRTO, it is advisable not to delay in filing a complaint.

Responding

Once an application is filed, the respondent housing provider will receive the application with a notice directing them to file a response to the allegations. They then have thirty-five (35) days to do so.

The response form asks, among other questions, whether the applicant told them about their human rights concern, and whether the respondent previously investigated. 

The HRTO has produced a guide for respondents to help them navigate the process. 

Mediation

Applicants and respondents are asked on their forms if they are willing to try mediation before their hearing. They may be asked again immediately before the hearing begins by the hearing’s adjudicator.

Meditations are generally scheduled earlier in the HRTO process than hearings, and the results are imposed immediately. If the case is settled through mediation, the parties will complete a settlement form. 

Summary Hearings and Preliminary Hearings

If there is no reasonable prospect the application will succeed, a summary hearing may be ordered. This gives the applicant an opportunity to explain the allegations contained in their application. At this point, the HRTO adjudicator will decide whether the application can continue or whether some or all of it will be dismissed.

The HRTO may also schedule a preliminary hearing to decide other issues, such as, for example, whether the HRTO has jurisdiction to rule on the allegations in question. 

Hearings

An impartial adjudicator presides over the HRTO hearing. The applicant and respondent present evidence, including relevant documents, and may question witnesses to support their positions. The adjudicator will consider the evidence and parties’ arguments, then write a decision explaining the result.

Decision Issuance and Judicial Review

If the hearing lasts three (3) days or less, a final decision’s issuance is estimated to take three (3) months. If the hearing lasts longer than three (3) days, the estimated wait time for decision issuance is six (6) months.

In certain specific circumstances, a dissatisfied party may appeal the decision to the Divisional Court.

Our legal professionals help tenants, co-op residents, and landlords dealing with housing-related human rights matters. If you’re interested in learning more about our ability to assist with your matter, take a look at our housing practice page and book a 15 minute free or 60 minute paid consultation with us using the button below.