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Housing

Use of the term “accommodation” refers to housing. You have the right to equal treatment when buying, selling, renting or being evicted from an apartment, house, condominium or commercial property. This right also covers renting or being evicted from a hotel room. 

The Code applies to terms and conditions in contracts and leases such as the amount of rent, security deposits, the requirement of guarantors, occupants’ rules and regulations, lease termination and eviction. Your right to housing without discrimination also includes suitable access to doors, laundry rooms, swimming pools, other common areas, repairs and other aspects of housing.
 
The Code does not apply if you have a “personality conflict” with the landlord or another tenant that is not linked to a Code ground. Also, the Code does not apply if you share a bathroom or kitchen with the owner or the owner’s family.
 
The Code also applies to municipalities, as both regulators and providers of housing. They must ensure that their bylaws, processes and decisions do not target or disproportionately affect groups relating to a Code ground. 
 
OHRC policies, guides and other publications include:
 
On human rights and rental housing:

For other publications on housing, click “Resource Types” on the left-hand panel.

  1. Letter to City of Oshawa Task Force regarding student housing

    December 11, 2008 - Thank you for speaking with my staff and me on such short notice about the student housing situation in Oshawa. We appreciated the opportunity to share our concerns about the human rights impact of the landlord licensing by-law and to talk about the efforts the City of Oshawa is making in working with constituents to identify housing solutions. We understand that this is an issue of great concern to students, homeowners and landlords alike, and can see that Oshawa, through its UOIT/Durham College Student Housing Task Force, is attempting to tackle all of these perspectives head-on to address the needs of the community.
  2. Human rights and not-in-my-back-yard (NIMBY)

    NIMBY opposition to affordable housing development was a major human rights issue raised by consultees, including both tenant advocates and housing providers. People should not have to ask permission from anyone, including prospective neighbours, before moving in just because of stereotypes relating to grounds under the Ontario Human Rights Code (Code). Concerns about affordable housing projects should be legitimately anchored in planning issues rather than stereotypical assumptions about the people who will be housed.

  3. Discrimination and rental housing

    Most landlords and housing providers try to comply with the Ontario Human Rights Code and work hard to meet the needs of their tenants. However, for some tenants, discrimination in housing is not an unusual occurrence. The lack of affordable and adequate housing, when combined with overt and subtle discrimination in housing, means that many people protected by the Code are excluded from the housing market, forced to pay higher rents than they can actually afford, or relegated to poor quality housing options.

  4. The consultation on human rights and rental housing

    In May 2007, the Commission initiated a public consultation with the launch of background and consultation papers both entitled Human Rights and Rental Housing in Ontario. Beginning in June 2007, the Commission held public and private meetings in four cities across the province to hear about the extent of the problems and to identify potential solutions. Around 130 organizations and an additional 24 individuals participated in afternoon consultation meetings in Kitchener-Waterloo, Ottawa, Sudbury and Toronto, and over 100 people participated in evening sessions in these locations.

  5. Housing

    From: Time for action: Advancing human rights for older Ontarians

    “Government does not recognize housing as a human right.”
    (Older Women’s Network)

    Throughout the consultation process, the Commission heard concerns about the need for more accessible and affordable housing and for special needs housing for seniors including those who are homeless. Submissions also highlighted that the principle of “aging in place” is central to any discussion, policy or program efforts concerning housing for older persons.

  6. 6. Housing accommodation

    From: Policy on discrimination against older people because of age

    Section 2 of the Code protects older persons against discrimination in housing. This right applies to renting, being evicted, building rules and regulations, repairs and use of services and facilities. Housing includes a range of accommodation options including rental accommodation, condominiums, retirement homes and care facilities. There can be some overlap between housing and services, for example seniors’ residences in which services such as housekeeping, meals or medical assistance are provided.

  7. Housing

    From: Human rights and the family in Ontario

    The ground of family status was added to the Code in 1982. Until 1986, the Code contained an exception permitting residential buildings or parts of residential buildings to be designated as adult only. Unlike in the areas of employment and services, there has been significant litigation regarding family status issues in the area of housing, particularly in the Ontario context.

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