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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. Discrimination based on mental health or addiction disabilities - Information for housing providers (fact sheet)

    June 2014 - People with addictions have the same right to be free from discrimination as other people with disabilities. There is often a cross-over between addictions and mental health disabilities, and many people experience both. The Code also protects people from discrimination because of past and perceived disabilities. People with a mental health or addiction disability who also identify with other Code grounds (such as sex, race or age) may be distinctly disadvantaged when they try to find or keep housing. Stereotypes may exist that are based on combinations of these identities that place people at unique disadvantage.

  2. How far does the duty to accommodate go? (fact sheet)

    2000 - Business inconvenience, resentment or hostility from other co-workers, the operation of collective agreements and customer "preferences" cannot be considered in the accommodation process. When a person with a disability needs supports in order to work, use a service or access housing, the employer, service provider or landlord has a duty to provide these supports. There are limits to this duty, and these limits are called undue hardship.

  3. Human rights and mental health (fact sheet)

    The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario and applies to the areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations. In Ontario, the law protects you from discrimination and harassment in these areas because of mental health disabilities and addictions. This includes past, present and perceived conditions.

  4. Policy on human rights and rental housing

    July 2009 - The Policy sets out the OHRC’s position on discrimination in the area of rental housing as it relates to the provisions of the Ontario Human Rights Code (the Code), and to Canada’s international human rights obligations. It deals primarily with issues that fall within the Code and could be the subject of a human rights claim. At the same time, the Policy interprets the protections of the Code in a broad and purposive manner. This approach is consistent with the principle that the Code’s quasi-constitutional status requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are reached.

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