Housing discrimination is not “just a landlord issue.”
Section 2 of the Code guarantees equal treatment in occupancy of accommodation. Section 47 gives the Code primacy over other Ontario laws unless another statute expressly says otherwise. Use this page when a tenancy problem is also a human-rights problem.
Protected grounds that come up in housing
You cannot be refused a unit, harassed in a unit, given worse rules, or pushed toward eviction because of:
- Race, colour, ancestry, ethnic origin, place of origin, citizenship (including refugee status)
- Creed (religion and creed-based practices)
- Sex, pregnancy, gender identity, gender expression, sexual orientation
- Family status and marital status
- Disability (including mental health, addiction as disability, and temporary disability)
- Age — including 16- and 17-year-olds who have withdrawn from parental control
- Receipt of public assistance (housing-specific ground: OW, ODSP, and similar benefits)
Duty to accommodate
Housing providers must accommodate needs linked to Code grounds to the point of undue hardship. Typical housing accommodations:
- A ground-floor unit, grab bars, or a service animal for disability
- Time to pay or a payment plan tied to disability or social-assistance deposit dates
- An extra occupant or a different unit size because of family status or caregiving
- Quiet-building rules rewritten so children’s ordinary noise is not treated as grounds to evict
You and the housing provider share the process: you identify the need and the barrier; they must take it seriously, ask only relevant questions, and look for a real solution. “We don’t do that here” is not a legal answer.
What landlords may ask when screening
Income information may be requested only together with credit references and rental history, and must be weighed with that other information. A lack of rental history (newcomers, youth, people leaving violence or institutions) should not be treated as a refusal. Blanket 30% rent-to-income cut-offs are generally discriminatory. Guarantors cannot be demanded only of Code-protected groups.
Two forums, not one
| Forum | Use it for | Clock |
|---|---|---|
| Landlord and Tenant Board | Repairs, illegal entry, lockouts, harassment as substantial interference, some eviction defences | Often one year for tenant applications — confirm the current rule for your form |
| Human Rights Tribunal of Ontario | Discrimination and failure to accommodate in housing, including refusals to rent | Usually one year from the last incident |
| Human Rights Legal Support Centre | Free help to assess and file HRTO applications | Call before the year runs |
Official starting points: OHRC tenant brochure, ohrc.on.ca, hrlsc.on.ca, HRTO.
Draft an accommodation letter Accessibility & accommodation detail