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What is discrimination?

Discrimination is when a renter experiences harmful treatment because of a part of their identity protected by the Code, such as family status or race.

A renter experiences discrimination if all of the following apply:

  1. a part of their identity, such as family status or race, is protected by the Code
  2. they experience harm or a negative impact when renting
  3. the harm they experience is connected to the part of their identity protected by the Code

Identities protected by the Code when renting property are:

Discrimination can happen because of actions that are taken or actions that are not taken.

  • Action that is taken

    For example, a landlord only offers new immigrants or single mothers older units that need repairs.

  • Action that is not taken

    For example, a landlord doesn’t respond when a transgender renter makes noise complaints but responds quickly when other renters make similar complaints.

What are my responsibilities under the Code?

  • You are responsible for selecting renters in a way that does not discriminate. Your decisions cannot be based on or connected to a part of a person’s identity protected by the Code. How you choose renters, including the application process, eligibility criteria and waitlists, must all be free from discrimination.

    When you review documents or speak to renters who are applying to rent your property, do not make assumptions or decisions that are based on or connected to a part of a person’s identity that is protected by the Code. An example of such a decision is turning down an application from a renter on disability assistance because you don’t want to fill out the forms required.

    Read an example!

  • You are responsible for making sure your rental policies and practices are free from discrimination. Renters should not experience harm connected to a part of their identity protected by the Code because of rules you make about renting, unless changing those rules would cause you undue hardship. This includes:

    • rules for renters, such as policies about guests or animals
    • repairs and maintenance, including how maintenance is scheduled and how repair requests are managed
    • use of related services or facilities, such as a laundry room, pool, storage area or shared areas
    • how you evict renters or end tenancy agreements, including what reasons you use, how you communicate with renters and what timelines you follow

    Ask yourself

    1. What is the impact of this policy or practice on different groups of people? For example, does it impact couples with children differently than couples with no children?
    2. What information or data could I collect to help identify discrimination in policies or practices? This might include information or data about applicants who do not participate or continue in the application process, complaints from renters and turnover rates.
    3. Am I considering different perspectives and/or impacts when I make new policies or start new practices? Whom do I ask for input?
    4. How could I adjust policies or practices to create a more inclusive experience for all renters?

    Read an example!

  • You are responsible for taking steps to stop discrimination. These steps may include

    • making plans to review and remove barriers
    • having a process for responding to requests for accommodation (see below)
    • having a way for renters to report complaints
    • deciding whether you have responsibilities under the Code in a particular situation
    • taking steps to stop discrimination
    • providing training about human rights for property managers and/or people working in the building

    Read an example!

  • You are responsible for accommodating people applying to rent and renting property, to the point of undue hardship. An accommodation makes sure you address any barrier regarding renting that a person may face based on a part of their identity protected by the Code.

    If you have reason to believe a renter needs accommodation or if the renter identifies a barrier, such as a disability, you have the duty to inquire. You can be careful not to make assumptions or ask personal questions. Instead, you can share what you are observing, ask about barriers the renter is experiencing and make sure the renter knows about accommodations.

    Some examples of renters who may require an accommodation to remove a barrier based on part of their identity protected by the Code include:

    • someone with a disability who requires a service animal to manage their health
    • a renter who is elderly or disabled who requires the installation of assistive devices
    • families with new babies

    Accommodations require an individualized assessment, but may include things like:

    • Making an exception to a policy, such as not enforcing a “no pets” rule for a renter with a disability who requires a service animal to assist them with activities of daily living.
    • renovating a building or unit, such as by installing grab bars or other assistive devices to enable a renter who is elderly or disabled to remain in their apartment.
    • providing an alternative, such as by moving a family with a new baby to the top of a co-op waitlist so they can get the next available unit large enough to meet their needs.

    You are responsible for the following:

    • taking requests for accommodation seriously and responding promptly
    • collecting the information you need to understand the barriers someone may be facing
    • keeping each renter’s personal information confidential
    • obtaining expert opinion or advice when needed
    • taking the lead in exploring possible solutions
    • working with the renter to explore these solutions
    • ensuring anyone else working on the accommodation do so respectfully

    You are responsible for doing this work each time an accommodation is required because each accommodation situation is different and needs an individual plan.

    • different renters need different accommodations, even if they have the same reason for an accommodation
    • renters may need different accommodations when there are changes in the rental building or unit
    • a renter’s accommodation needs may change over time as their health, family or personal circumstances change

    You are responsible for doing this work and exploring options, even if you think you cannot accommodate the renter. The renter also has responsibilities during the accommodation process.
    Read an example!

What happens if I don’t meet my responsibilities?

Meeting your responsibilities under the Code helps you to build a rental practice that is positive and respectful for all applicants and renters.

If you don’t meet your responsibilities as a landlord under the Code, you may be causing harm to renters and you may be breaking the law. An applicant, renter or group of renters may make a complaint against you. The BC Human Rights Tribunal decides complaints from renters and potential renters who say they have experienced discrimination regarding renting.

Complaints usually name the landlord but may also name another person who is responsible for the discrimination such as:

  • a person hired by the landlord such as an employee or agent
  • a person who exercises authority or control over access or use of space such as a building manager
  • a renter who bullies or harasses another renter

What if I have a good reason for my decisions?

A discrimination complaint against you will be dismissed if you can prove:

1. There is a legitimate renting-related purpose for a rule you are following

If you have rules for your property, make sure that they were made for a non-discriminatory reason, such as making a rule so that you are following other laws.

Ask yourself
  • What is the purpose of the rule?  
  • How is the rule related to renting or managing the property?
  • Did I make the rule thinking it was reasonable and fair to everyone?

2. Accommodation

When a rule discriminates against an applicant or renter, you are responsible for accommodating the renter.

Ask yourself
  • If someone can’t obey this rule because of a part of their identity protected by the Code, have I considered options to allow them to continue to rent here?
  • Are there things we could do that would make it possible for a renter impacted by this rule to continue to rent here?

3. Undue hardship

Accommodating a renter may be simple and straightforward or it may require hard work, planning, increased flexibility or additional cost. Landlords are required to do this work to ensure they do not discriminate against renters.

Each situation is different and must be examined individually.

An accommodation may be considered an undue hardship if:

  • an accommodation would create health and safety risks for the renter or others
  • the financial cost of the accommodation is unaffordable for the owner
  • there are no opportunities to accommodate a renter, such as by making changes to their unit or by moving them into a different unit, and you think you have done all you can to accommodate that renter without experiencing undue hardship
Ask yourself
  1. Have I explored the options to find a reasonable accommodation?
    a. Have I asked the renter for information and ideas to understand what is needed?
    b. Have I searched for accommodation options across my properties and not just in one unit or building?
    c. Have I reached out to accommodation experts for help?
  2. Do I know how much the required accommodation would cost rather than just assuming it would be too expensive?
  3. Have I consulted with health and safety experts to determine whether there is a risk and, if so, how serious that risk would be?
  4. Can I show why further steps would be unreasonable?
  5. Can I show that the accommodation would be too difficult for the property owner to afford or manage?
Read an example

Exemptions

In the following situations, section 10 of the Code does not apply.

Shared bathroom, kitchen or sleeping space

The Code does not apply if you are the landlord and you will be sharing the bathroom, kitchen or sleeping space with the renter.

Buildings for adults over 55

It is not discrimination on the basis of age if a rental building is reserved for adults over 55.

Buildings for people with disabilities

It is not discrimination on the basis of disability if a rental building or unit is designed to accommodate people with disabilities.

Non-profit exemption

If a rental building is a non-profit that exists to serve a particular group whose identity is protected by the Code, it is not discrimination to give preference to individuals who belong to the group the non-profit serves.

For example, it is not discrimination under the Code if a non-profit housing provider that serves the LGBTQ2SIA+ community decides to rent one of its apartments to a lesbian instead of a heterosexual person.

Frequently asked questions

  • Yes. If you are responsible for selling property, you have responsibilities under section 9 of B.C.’s Human Rights Code. You are responsible for making sure the application process for buyers and the terms and conditions of sale don’t harm people because of their identities protected by the Code.

    You cannot refuse to sell a unit—or an interest in land—represented as being for sale because of a prospective buyer’s Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, physical or mental disability, sex, sexual orientation or gender identity or expression.

  • Yes. If you are responsible for finding renters, making rental agreements and managing rental property, you have responsibilities under the Code. These responsibilities are the same when you are a landlord or property manager of spaces such as empty land, office buildings and shops and retail space.

  • Non-profit co-ops are considered tenancies under the Code. Boards of non-profit co-ops and staff hired by the co-op have the same responsibilities as landlords and property managers under the Code.

    Some co-ops are equity co-ops and these are considered services under the Code. Responsibilities under the Code are similar but not exactly the same for equity co-ops.

  • Stratas are considered services under the Code. Under the Code, responsibilities for stratas are similar, but not exactly the same.

  • No, you cannot evict a renter because they are making a human rights complaint against you. Causing harm to someone because they are making a human rights complaint is considered retaliation and is banned by the Code.

  • No, you can’t make a decision about a rental application based on where the renter gets their money as long as their source of income is legal. Lawful source of income is a part of a person’s identity protected by the Code, so it is discriminatory to make a decision about a renter based on their source of income. Landlords can’t refuse to rent to people based on their source of income, such as social assistance or disability benefits.

Who can help?

    • The BC Human Rights Tribunal website offers information, resources and examples to help understand and navigate the process of responding to a complaint.
    • The Law Centre offers help understanding the Human Rights Tribunal process, preparing initial responses, mediation options and legal representation. Applicants for this service must demonstrate financial need.
    • Consult a lawyer with experience in human rights law. A lawyer can provide legal advice specific to the details of your complaint and represent you in the human rights process.
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