What is discrimination?

Discrimination is when you experience harmful treatment where you rent or where you want to rent that is connected to a part of your identity protected by the Code, such as family status or race.

You may be experiencing discrimination if all of the following apply:

  1. a part of your identity, such as family status or race is protected by the Code
  2. you experience harm or a negative impact where you rent
  3. the harm you experience is connected to the part of your 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 rights as a renter under the Code?

  • Discrimination-free application decisions

    You have the right to apply to rent a property that is advertised as available for rent. Your application should not be denied because of a part of your identity protected by the Code. How renters are chosen, the application process, eligibility criteria, and waitlists must all be free from discrimination.

    See an example!

    There are some exceptions:

    • The Code does not apply if the landlord is sharing a bathroom, kitchen or sleeping space with the renter.

     

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

    • if a rental building and unit are designed to accommodate people with disabilities, it is not discrimination on the basis of disability to only rent the unit only to a person with a disability
    • if a rental building is run by 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 that group.
  • Discrimination-free rental agreement and conditions

    You have the right to a rental agreement and renting conditions that are free from discrimination.

    Policies and practices may include things that are formally written down but also include the way things are done, such as:

    • rules for renters, including policies about animals or guests
    • 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 a rental agreement is ended, including reasons for ending an agreement, communication from the landlord and what timelines you are given

     

    Your landlord is responsible for making sure policies and practices do not discriminate.

    See an example!

  • Addressing discrimination

    If you are experiencing discrimination where you rent, you have the right to have the discrimination stop. A landlord can stop discrimination by:

    • providing a way for you to report discrimination
    • making sure it’s safe to report discrimination and there will be no retaliation against you for reporting
    • investigating your report of discrimination
    • taking steps to stop the discrimination against you

     

    If you are experiencing discrimination where you rent, your landlord is responsible for addressing it.

    See an example!

    If another renter is discriminating against you, your landlord must also address it. But for your landlord to address the discrimination, you need to report it to them. You must provide them with enough information to try to address your complaint. A landlord’s failure to address complaints about discrimination where you rent could also be considered discrimination. You can read more about the responsibilities of landlords under the Code.

  • Accommodations

    You have the right to ask for an accommodation when you apply to rent or while you are renting. An accommodation makes sure there are no unreasonable barriers regarding renting based on a part of your identity protected by the Code.

    Examples of accommodations include:

    • providing a parking spot close to the building entrance to an elderly renter with limited mobility
    • waiving a no-animal rule for a renter with a disability who requires a service animal
    • installing grab bars in a washroom for a renter with a physical disability
    • making an exception to a rule that limits a one-bedroom apartment to two people for a couple with a new baby

     

    You must cooperate with your landlord to find a reasonable accommodation. This includes the following.

    1. Sharing information about your needs: You only need to share as much information as necessary for your landlord to understand the limitations and restrictions you are experiencing where you rent. Your landlord must keep this information confidential.
    2. Accepting reasonable options: The accommodation your landlord offers might not be perfect from your perspective, but you are responsible for accepting accommodation options that are reasonable.
    3. Letting your landlord know if the accommodation is not working: Your accommodation needs may change over time as your personal circumstances change or if there are changes where you rent, such as a change in the building’s rules or renovations to the building.

     

    If you and your landlord disagree about the information you need to share as part of the accommodation process or what accommodation is reasonable, you should seek independent legal advice.

    Your landlord is only required to accommodate you up to the point of undue hardship. You can learn more about your landlord’s duty to accommodate under the Code.

What can I do if my rights aren’t protected?

  • Confirm your experience

    Discrimination when renting happens more often than we like to think. Here are some places to learn more about discrimination that happens regarding renting in B.C.:

  • Take care of yourself

    If your rights are not respected where you rent, it may be difficult and stressful for you. Upholding human rights helps to create a rental experience that is positive and respectful for all renters.

    Ask yourself

    • Who can I talk to about my experience?
      Sharing with friends, family or others who care about you can help.
    • What supports do I have to help me take care of myself?
      Think about supports and services, routines and habits that help you look after your physical and mental health.
  • Make a complaint

    If you have experienced discrimination where you rent, you can tell someone who is responsible, like your property manager or landlord, about what is happening. You can ask them to stop the discrimination.

    You can also make a complaint to the B.C.’s Human Rights Tribunal.

    Your landlord would usually be named as the respondent to the complaint. You may also name another person if they were responsible for some part of 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
    • another renter who negatively impacts your rental

How do I prove discrimination where I rent?

For you to prove that your experience was discrimination, your complaint will have to show you experienced harm connected to a part of your identity protected by the Code.

Ask yourself

1. Is part of my identity protected by the Code?

B.C.’s Human Rights Code protects you from discrimination based on certain parts of your identity. This includes things like your age, your race, your gender identity or expression and your family status. See the complete list.

You are also protected by the Code if you are perceived to have an identity protected by the Code.

For example: A person’s rental application is refused because the landlord thinks they are lesbian. Even if the person is not lesbian, they are experiencing harm related to a characteristic protected under the Code.

2. Have I experienced harm?

Here are some examples of harms you might experience:

  • You are issued an eviction notice because you have a new baby and the landlord says your family is now too big for the size of your apartment.
  • You can’t access the building because you use a wheelchair and the only entrance to the building has stairs.
  • A no-pet policy doesn’t allow for your emotional support animal.
  • The landlord is slow to repair the elevator when it’s not working. You can’t use the stairs due to your chronic illness and so you are not able to leave your apartment while the elevator is being fixed.
  • You are harassed by a neighbour who makes comments about your gender identity and expression.
  • You live in a condo with bylaws that say what kinds of things you can have on your balconies. You are Jewish and build a sukkah on your balcony for Sukkot. The strata counsel tells you it violates the bylaws and you have to take it down.

You do not have to prove that your landlord intended to harm you. You must only prove that you experienced harm.

3. Is the harm connected to a part of my identity protected by the Code?

Here are some ways you can prove the harm was connected to a part of your identity.

Comments were made by your landlord or others where you rent that make the connection clear.See an example!
Your landlord made a rule for all renters but it harmed you because of your identity.See an example!
Your landlord did not accommodate you and could have without experiencing undue hardship.See an example!

If you answer yes to all three of the numbered questions above, you have experienced discrimination where you rent. Your landlord may have reasons for their decisions that they may use to defend their actions. If their reasons are in good faith and reasonable and they have accommodated you to the point of undue hardship, they will have a successful defense against a human rights complaint. You can read more about reasons landlords can use to defend their actions.

Who can help?

FAQ for renters

  • Do I have the same rights if I am buying rather than renting?

    Whether you are buying or renting, you have rights under B.C.’s Human Rights Code. If you are renting, you have rights under section 10 of the Code. If you are buying property, you have rights under section 9 of the Code. When buying property, the Code prohibits denying someone the opportunity to purchase a commercial unit or dwelling unit or to acquire an interest in land because of a part of their identity that is protected under the Code. It is also prohibited to discriminate against a person regarding a term or condition of the purchase agreement for commercial or dwelling units or interest in land.

  • Do I have the same rights renting office space or other property?

    If you are renting any space you have rights under the Code. This includes renting land, an office or office building or a shop or retail space. You have the right to an application process and rental agreement that is free from discrimination and to accommodation up to the point of undue hardship.

  • What about co-ops and stratas?

    There are different kinds of co-ops. Non-profit co-ops are considered tenancies under the Code. If you live in a non-profit co-op, you have the same rights as renters under section 10 of the Code. However, equity co-ops and stratas aren’t considered tenancies under the Code; they are considered services. Section 8 of the Code applies to services and protects the rights of people who live in equity co-ops and stratas.

    Note: More details on the interpretation of Section 8 of the Code coming soon!

  • Doesn’t the Residential Tenancy Act cover my rights as a renter?

    The Residential Tenancy Act does establish rights and obligations related to renting a place to live. However, the Residential Tenancy Act does not cover discrimination and is not human rights legislation like B.C.’s Human Rights Code. If you are having problems with your landlord, you might have rights protected under both the Code and the Residential Tenancy Act. You should get independent legal advice to decide what kind of complaint is best for your situation.

    For more information about possible complaints under the Residential Tenancy Act you can contact the Residential Tenancy Branch or the Tenant Resource and Advisory Centre (TRAC).

    For more information about complaints under the Code see “Who can help”.

  • Can my landlord evict me if I make a human rights complaint?

    No. Retaliation for making a human rights complaint is prohibited by section 43 of the Code. This means your landlord cannot try to stop you from making a complaint or evict you because you made a complaint.

On this page

What is discrimination?

What are my rights under the Code?

What can I do if my rights aren’t protected?

How do I prove discrimination where I rent?

Who can help?

Frequently asked questions