Human rights and duties
Housing
Last updated: May 22, 2024
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Human rights in tenancy
The Human Rights Code forbids discrimination regarding tenancy. Tenancy includes renting an apartment, co-op, house, or office.
Discrimination is a negative effect regarding a tenancy that is based on a ground of discrimination. A ground of discrimination is a personal characteristic protected under the Human Rights Code.
Landlords and others have a duty not to discriminate regarding tenancy. This includes a duty to take all reasonable steps to avoid a negative effect based on a ground of discrimination. This is called the “duty to accommodate”.
Landlords and others may have a defence under the Human Rights Code. If the landlord or other person justifies their conduct, then there is no discrimination.
Learn more:
- What do I need to show to make a discrimination complaint about a tenancy?
- Who can be a respondent in a tenancy complaint?
- How can poor treatment in tenancy be justified? (Defences)
Human rights and duties regarding the purchase of property
The Human Rights Code forbids discrimination regarding the purchase of property. The purchase of property includes buying a house, condo, or land.
Discrimination is a negative effect when buying property, based on a ground of discrimination. A ground of discrimination is a personal characteristic protected under the Human Rights Code.
Sellers and others have a duty not to discriminate regarding the purchase of property. This includes a duty to take all reasonable steps to avoid a negative effect based on a ground of discrimination. This is called the “duty to accommodate”.
Sellers and others may have a defence under the Human Rights Code. If the seller or other person justifies their conduct, then there is no discrimination.
Learn more:
- What do I need to show to make a discrimination complaint about the purchase of property?
- Who can be a respondent to a purchase of property complaint?
- How can a seller or other person justify their conduct regarding the purchase of property be justified? (Defence)
Human rights regarding services provided by stratas
The Human Rights Code forbids discrimination regarding services provided by stratas.
For example: Intercom systems, access to the building, rules about flooring, balconies, and window coverings.
Discrimination is a negative effect regarding a strata’s services that is based on a ground of discrimination. A ground of discrimination is a personal characteristic protected under the Human Rights Code.
Stratas and others have a duty not to discriminate regarding a strata’s services. This includes a duty to take all reasonable steps to avoid a negative effect based on a ground of discrimination. This is called the duty to accommodate.
Stratas and others may have a defence under the Human Rights Code. If the strata or other person justifies their conduct, then there is no discrimination.
Learn more:
- What do I need to show to make a discrimination complaint about a strata’s services?
- Who can be a respondent in a services complaint?
- How can poor treatment in services be justified? (Defences)
Human rights regarding co-ops
People who live in a co-op are protected under tenancy or services, depending on the kind of co-op. If you are unsure, you can include both on a complaint form.
Generally: