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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. Comments: Town of Ajax zoning bylaw review

    December 11, 2015 - Affordable housing is important to many individuals and groups protected under the Ontario Human Rights Code (the Code), such as students and other young persons, larger or single-parent families, persons with disabilities, Indigenous or racialized persons, and people who receive public assistance. Opposition to this housing, and to certain services, such as social services or methadone clinics, is often based on negative stereotypes and attitudes about the people who need the housing or service.

  2. Submission of the OHRC to the UN Special Rapporteur on adequate housing

    Under Canada’s federal system of government, legal jurisdiction over human rights, including housing, divides between different levels of government – federal, ten provincial and three territorial governments. Municipal governments are a creation of provincial/territorial legislation. All three levels of government have responsibility to implement human rights norms and standards, including the right to housing.

  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. OHRC Submission to the MMAH on proposed changes to the Ontario Building Code

    March 1 2013 - The OHRC recognizes that accessibility requirements have been enhanced with each new edition of the Building Code regulation and welcomes the latest proposal for new barrier-free design requirements. The OHRC also has a number of concerns about the proposed changes as well as additional recommendations for barrier-free requirements in the Building Code regulation.

  5. MMAH Provincial Policy Statement Review on land use planning - OHRC submission

    November 23, 2012 - The Ontario Ministry of Municipal Affairs and Housing (MMAH) is proposing amendments to the Provincial Policy Statement (PPS) 2005 on land use planning issued under the Planning Act (Act). The Act requires the PPS be reviewed every five years. The Ministry began the review in March 2010. The Ontario Human Rights Commission (OHRC) is pleased to see proposed amendments that address some of the concerns and recommendations from its initial submission made in 2010 as well as other amendments that would further advance protection for human rights. The OHRC especially welcomes proposed additions that would recognize the interests of Aboriginal communities.

  6. 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.
  7. Comment of the Ontario Human Rights Commission on the City of Oshawa's student accommodation strategy

    March 2010 - The OHRC has made a commitment to educating and addressing human rights concerns regarding opposition to affordable housing, which has the potential to discriminate against groups protected by the Code. Oshawa has been attempting to address the student housing issue since it has been dealing with community tensions raised due to post-secondary off-campus student accommodation. Oshawa's strategy may have an impact on land use planning in communities across Ontario responding to similar tensions.
  8. Comment of the Ontario Human Rights Commission on the Provincial Policy Statement - 2005

    2010 - The Ontario Human Rights Commission (the OHRC) thanks the Ministry of Municipal Affairs and Housing (MMAH) for the opportunity to comment on the Provincial Policy Statement, 2005 (PPS). The Province of Ontario (the Province) is requesting submissions as part of the five-year review of the PPS. The OHRC will focus its comments on sections that may have human rights implications, and in particular on elements that have implications for including or excluding people from Ontario Human Rights Code-protected groups.

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