Ontario Fair Housing Act: An Overview

Under the Ontario Human Rights Code, housing is considered a fundamental human right. As part of international law, the code requires landlords and other housing providers to guarantee every Canadian citizen fair and equal access to housing. Housing providers include landlords, mortgage providers, developers, and insurance providers.

As a landlord, it’s essential to understand landlord-tenant rights and treat tenants without discrimination based on certain protected characteristics. These include race, disability, ancestry, sex, familial status, and social and economic status. Discriminating against tenants in any way can lead to legal consequences.

In today’s article, we’ll walk you through everything you need to know about the Fair Housing Act in Ontario. At Stewart Property Management, we understand the importance of property owners being informed and compliant with this important legislation. Let’s dive in! 

What Is the Ontario Human Rights Code?

The Ontario Human Rights Code was passed by the Legislative Assembly of Ontario in 1962. It was a groundbreaking piece of legislation that was aimed at addressing discrimination in housing based on certain characteristics.

Initially, the code made it illegal for housing providers to discriminate based on race, color, creed, ancestry, sex, and place of origin. Over subsequent years, the code has been amended to include other additional grounds such as gender, sexual orientation, disability, age, and gender identity.

Aside from housing, other areas where the code applies include the provision of employment, services, and facilities.

What Agency Oversees the Fair Housing Act in Ontario?

The government agency that oversees fair housing laws in Ontario is none other than the Ontario Human Rights Commission.

The following are some of the actions that the commission can deem to be discriminatory:

• Attempting to evict a tenant who has been in the hospital for an extended period after an accident.
• Making unwelcome sexual gestures and suggestive comments to a rental applicant.
• Treating tenants differently based on a protected class.
• Steering some tenants away because you think they don’t ‘belong’ in that neighborhood.
• Not providing disabled tenants with certain accommodations.
• Using discriminative phrases in your rental ad. Stating, for instance, that your unit is suitable for a “working person.” This would imply that applicants on social assistance are unwelcome to apply.

As a landlord, violating the Ontario Human Rights Code can result in significant penalties. You may be liable to monetary fines, compensatory damages, punitive damages, and injunctions.

What Are the Protected Characteristics Under the Fair Housing Act in Ontario?

As a landlord, you cannot harass or refuse an applicant a rental unit because of the following protected characteristics:

• Race, color, or ethnic background.
• Place of origin.
• Ancestry.
• Religion.
• Familial status.
• Sex.
• Citizenship, including refugee status.
• Disability.
• Marital status.
• Sexual orientation.
• Age.
• Public assistance support.
• Living with their parents.

These protections apply in almost all aspects of the landlord-tenant relationship. Including, tenant evictions, repairs, use of related services and facilities, occupancy rules and regulations, and general enjoyment of the premises.

What Are Landlords’ Legal Duties to Disabled Tenants?

As a landlord in Ontario, you have a legal duty to accommodate tenants who have legitimate concerns. For instance, when it comes to disabled tenants, you have a duty to ensure you provide them with certain accommodations.

For instance, a change of rules and practices to allow their service animals even with a ‘no pets’ policy. You may also have to change the rent due dates to align them with when the tenant receives their public assistance token.

In addition to providing such accommodations, you may also have to make certain changes to the unit itself. For instance, making changes to the building entrance, sidewalks, or parking areas to make ingress and egress easier for them.

What Are the Exemptions to the Fair Housing Act in Ontario?

Although limited, there are some exemptions to the Ontario Human Rights Code. The major ones are as follows:

• Housing provided for a certain program. For instance, housing designated for students or seniors.
• A single-family home that the owner lives in and rents out the other sections like the basement or a room. The owner may not be subject to all the provisions of the Human Rights Code.
• Landlords in shared living spaces with tenants may be exempt from certain provisions of the Ontario Human Rights Code.

What Can Ontario Landlords Do to Comply with the Fair Housing Act?

When renting out a property in Ontario, it’s crucial to align your lease and practices with the fair housing laws. As already mentioned, violating the fair housing laws can be costly to your bottom line. Not to mention the reputational damage you could suffer as a result.

With that in mind, the following are the best practices that landlords must adhere to as set out by the Ontario Human Rights Code:

• Choose tenants the right way. Since you want to choose the best tenant, you must do so per the anti-discrimination laws. For instance, while you can ask for income information, it must not be the only requirement for eligibility. You should also consider other things, such as credit references, rental history, and credit checks.
• Advertise the unit properly. Avoid including phrases that show preference or limitation towards tenants belonging to a certain protected class. For instance, saying the unit would be ideal for single professionals or male tenants.
• Address issues fairly and consistently for all tenants. For example, if you delay responding to a repair request from a tenant due to their gender identity, it could be considered discrimination. This is particularly concerning if the delay is a pattern throughout the tenancy.

Bottom Line

As a landlord in Ontario, staying legally compliant in the administration of your duties is key to long-term success. Violations, whether intentional or not, can lead to severe financial and/or legal repercussions.

If you have any questions or need expert help in any aspect of property management in Ottawa, look no further than Stewart Property Management. Our personalized services are uniquely designed to meet all your needs. Get in touch today to learn more!