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You rent an apartment in a building that had its roof replaced a few years ago. Since the roof was replaced, you have noticed that your disability, which affects your breathing, has become much worse. You have noticed mould in your bedroom, kitchen and bathroom and have repeatedly asked your landlord to address it because it is making your breathing more difficult. Your landlord doesn’t address your complaints and your breathing continues to get worse. Eventually your breathing becomes so difficult that you are only able to stay in your living room because that is the only room in the apartment not contaminated with mould. You learn that another tenant also has mould in their apartment and that the landlord has already started to fix the situation for them even though they reported the mould after you did.

  • Yes, you are experiencing discrimination. Your landlord did not accommodate your disability when you reported that the mould was worsening your ability to breathe. Physical disability is protected under the Code. Your landlord made no effort to accommodate you, despite having an obligation to do so. It seems like they could have accommodated you without experiencing undue hardship. You have a good reason to believe this because they removed the mould in another renter’s apartment even though you asked for the removal first and were experiencing harm from the mould.

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