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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. Submission of the Ontario Human Rights Commission to the Ministry of Municipal Affairs and Housing's long-term affordable housing strategy

    December 2009 - The Ontario Human Rights Commission (the “OHRC”), commends the Province of Ontario for identifying the need for a long-term affordable housing strategy. The development of such a strategy was one of the main recommendations coming out of the OHRC’s own housing consultation report, Right at Home. The OHRC is very pleased to contribute to the Province’s development of this strategy. This written submission complements Chief Commissioner Barbara Hall’s verbal input to the Ministry of Municipal Affairs and Housing’s roundtable consultation sessions held on both June 22, 2009 and November 3, 2009.
  2. Submission of the Ontario Human Rights Commission to the Standing Committee on Social Policy on an Act to regulate retirement homes

    May 2010 - Through its various consultations on age, disability, housing, and mental health, the OHRC has heard about the human rights concerns that have arisen with respect to retirement homes. For example, it has heard about retirement home providers not accommodating older residents' disabilities. It has heard about issues of heterosexism and homophobia, where gay, lesbian or bisexual people's lives were not recognized and their partners not acknowledged, or they were subjected to homophobic treatment by facility staff. Several groups expressed concern regarding the cultural, linguistic, and religious needs of older persons living in care facilities.
  3. Submission to the Ministry of Municipal Affairs and Housing on land use planning and appeal system review

    January 2014 - The Ontario Human Rights Commission (OHRC) has used a range of its functions to reduce and eliminate discrimination relating to land use planning. However, to meet Ministry goals and be consistent with Ontario’s Human Rights Code, the land use planning and appeal system needs to incorporate a human rights lens and provide human rights-related information, education and resources to those who implement and use the system. Planners and decision-makers throughout the system and in municipalities will benefit from clear guidance from the Province.

  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. The shadow of the law: Surveying the case law dealing with competing rights claims

    This document explains the legal backdrop for the Commission’s Policy Framework. It is divided into two main sections. The first provides an overview and summary of key legal principles from some significant legal decisions. This section aims to help readers understand the relevant legal background when seeking to conciliate or otherwise reconcile competing rights claims. The second part of the document surveys the leading cases that deal with competing rights. It also provides examples of situations where the leading cases, and the key principles from them, have been applied by courts and tribunals. It is divided by the types of rights conflicts that most commonly arise. The cases are discussed in some detail as the specific factual context of each case is so important to the rights reconciliation process.

  6. Writing a fair rental housing ad (fact sheet)

    Landlords and tenants want to comply with housing-related laws, but they don’t always know all the rules. Both landlord and tenant groups want to increase awareness about human rights in housing and to end discrimination. The Ontario Human Rights Commission created this guide to help landlords who are advertising their rental units and organizations that provide housing listings to prevent human rights violations and avoid complaints.

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