https://www.cleo.on.ca/english/pub/onpub/PDF/landlordTenant/harass-e.pdf
TENANT LAW SERIES
Harassment and discrimination
Tenants have a legal right to live free
from harassment and discrimination
by their landlord, by those who work
for their landlord, or by other tenants.
This booklet explains these rights as well
as tenants’ right to privacy in their home.
NOVEMBER 2010
IF YOU SPEAK FRENCH You have the right to get services in French from the Landlord and Tenant Board and the Human Rights Tribunal of Ontario. This includes the right to a hearing before a French‑speaking Board or Tribunal member or having an interpreter arranged and paid for by the Board or Tribunal. You may also have the right to services in French from some of the other offices mentioned in this booklet.
Contents
Does this booklet apply to you? next page
Harassment . . . . . . . . . . . . . . . . . . . . . . . 1
What you can do about harassment . . . . . . . . . . 2
Discrimination 4
What you can do about discrimination 5
Privacy in your home . . . . . . . . . . . . . . . . . . 6
Where to get help . . . . . . . . . . . . . . . . . . . . 7
DOES THIS BOOKLET APPLY TO YOU?
This booklet includes information about tenants’ rights under the Residential Tenancies Act (RTA). The RTA applies to most rental housing in Ontario, such as rooms, apartments, houses, mobile home parks, and retirement homes.
There are types of rental housing that are not covered by the RTA. For example, you might not be covered if you live in a place that is supposed to be used for business, share a kitchen or bathroom with the owner or a close family member of the owner, or live in some types of temporary or seasonal housing.
Also, the RTA does not cover some types of shared living. If you share rental housing or you rent from another tenant, CLEO’s online tool at <www.cleo.on.ca/roommates> can help you find out if you are covered.
If your housing is not covered by the RTA, much of the information in this booklet does not apply to you. If you are not sure, see pages 7 and 8 to find out where to get legal advice.
The information about discrimination in this booklet still applies to you, even if the RTA does not.
harassment and discrimination 1
Harassment
It is illegal for your landlord, or anyone acting for your
landlord, such as a superintendent or property manager, to
harass you. And, if another tenant is harassing you, your
landlord must do something to stop it.
There are many different kinds of harassment. For example,
your landlord might harass you by:
• cutting off important services, such as heat or electricity,
• knocking on your door or phoning you at unreasonable
times,
• taking your things because you owe rent,
• entering your home without giving you proper notice,
• locking you out or changing your lock without giving
you a key,
• making sexual suggestions or advances knowing that
you do not want them,
• trying to stop you from organizing or being active in a
tenants’ association, or
• threatening to do any of the things listed above, or
threatening to harm you.
Sometimes landlords harass tenants to try to get them to
move out so a new tenant can move in and pay more rent.
Sometimes harassment is a way to discriminate against
tenants or to stop them from standing up for their rights.
NOTE It is against the law for your landlord to harass
you for any reason.
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What you can do about harassment
Harassment can be hard to prove. It is a good idea to keep
notes about what is happening. Here are some steps you
can take.
zz Make a complaint to the Investigation
and Enforcement Unit
The Investigation and Enforcement Unit is an office of
the government of Ontario. The Unit’s job is to encourage
landlords and tenants to obey rental housing laws.
If you make a complaint to the Unit, they can call your
landlord and try to get the harassment to stop. In serious
cases, they can lay charges that have to be dealt with in
criminal court. For more information, you can contact
the Unit at 1-888-772-9277 or go to their web site at
<www.mah.gov.on.ca/ieu>.
zz Call the police
If the harassment is very severe or your landlord
threatens to harm you, you could call the police. Use the
non‑emergency number for your local police department,
unless someone’s life or safety is in danger.
zz Apply to the Landlord and Tenant Board
Another thing you can do is apply to the Landlord and
Tenant Board. You should do this within one year of when
the harassment happened.
This Board is a tribunal that settles disputes between
landlords and tenants and enforces their rights. It is like a
harassment and discrimination 3
court, but less formal. The Board can hold a hearing where
a Board member will listen to both you and your landlord.
NOTE Your landlord might deny that the harassment
happened. So, it is important that you bring evidence
that supports your complaint. Bring to the hearing:
• any documents, recordings, or photos you have,
• any witnesses who can confirm what happened, and
• your own notes that you made at the time the
harassment was happening.
After the hearing, if the Board agrees that your landlord
harassed you, the Board can order your landlord to do
things such as:
• stop harassing you,
• let you move without giving notice, if you want to do
that,
• pay a fine to the government of up to $10,000, or
• pay you some money. For example, your landlord
might have to give back some of your rent or pay for
your moving costs, if you moved out because of the
harassment.
For more information, see the following tip sheets for
tenants on the web site of the Advocacy Centre for Tenants
Ontario (ACTO):
• What Applications Can I File Against My Landlord?
• Your Hearing At The Landlord & Tenant Board
• T2 Application About Tenant Rights
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To find these tip sheets online, go to <www.acto.ca>, click
on TENANT INFO, then TENANT TIP SHEETS.
It is a good idea to try to get legal help if you are going to
apply to the Board. See the section called Where to get help,
starting on page 7 for more information.
Discrimination
If your landlord, anyone acting for your landlord, or anyone
living in your building discriminates against you, they may
be breaking an Ontario law called the Human Rights Code.
Discrimination happens if someone treats you unfairly
because:
• of your race or colour, your birthplace or ethnic
background, your religion, age, sex, disability,
marital status, or sexual orientation,
• you are pregnant or have children, or
• you receive social assistance or welfare.
This list shows many, but not all kinds of discrimination.
Sometimes discrimination is direct. For example, a
landlord might treat you badly because of your colour
or religion. Or a landlord might make sexual advances
knowing that you do not want them.
Other kinds of discrimination are less direct. For example,
a landlord might refuse to put in a ramp or make other
changes for a tenant who uses a wheelchair. There might
be strict rules about noise that are harder for people with
children to follow. Or a landlord might refuse to rent to
harassment and discrimination 5
people who have no credit rating. This can be a problem
for young people and for people who are new to Canada.
Landlords who will not change things like these to meet
the needs of tenants could be discriminating against those
tenants.
EXCEPTIONS In two situations, the Human Rights
Code does not protect tenants who are looking for a
place to rent. The law allows a landlord to:
• rent all the units in a building to tenants of one sex,
and
• refuse to rent to a prospective tenant for any reason
if the landlord or the landlord’s family is going to be
sharing a kitchen or bathroom with the tenant.
What you can do about discrimination
Like harassment, discrimination can sometimes be hard
to prove. It is a good idea to keep notes about what has
happened.
Some cases of discrimination can be dealt with by the
Landlord and Tenant Board. In other situations, you may
have to take your case to the Human Rights Tribunal of
Ontario, or you may have to choose one or the other. It is
usually best to get legal advice first. See the section called
Where to get help, starting on page 7.
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Privacy in your home
The place you are renting is your home. Your landlord may
own your place but must respect your right to have privacy.
The law says when your landlord has a right to enter your
home. In most situations, your landlord has to let you
know ahead of time.
EXCEPTIONS The only times your landlord can enter
your home without telling you ahead of time are when:
• there is an emergency, or
• your rental agreement says that your landlord gives you
cleaning services.
Your landlord can also enter your place between 8 a.m.
and 8 p.m. to show it to a new tenant if your landlord
makes a reasonable effort to let you know when this
will happen. This rule applies only if:
• you have given notice to move out,
• your landlord has given you a notice to move out, or
• you and your landlord have agreed that you will move
out.
Otherwise, your landlord must give you notice in writing
24 hours ahead of time and can come in only between 8 a.m.
and 8 p.m. This rule applies if your landlord wants to:
• do repairs or inspect your place to see if any repairs are
needed,
• show your place to a possible buyer, insurer, or
mortgage lender,
harassment and discrimination 7
• let a real estate agent show your place to a possible
buyer,
• have a property inspection done before making your
building into a condominium, or
• come in to your place for any reasonable purpose listed
in your rental agreement.
Your landlord has a right to enter your place only for the
reasons listed above. You can let your landlord in at other
times and for other reasons, but that is up to you.
If your landlord disrespects your privacy repeatedly, that
could be harassment. For information about what you can
do about harassment, see pages 2 to 4.
Where to get help
For legal help or advice, you can contact a community legal
clinic or a lawyer. Across Ontario, community legal clinics
give free legal help to tenants who have low incomes.
To find the nearest community legal clinic, go to Legal
Aid Ontario’s web site at <www.legalaid.on.ca>. Click on
CONTACT LAO then COMMUNITY LEGAL CLINICS. Or call
Legal Aid Ontario:
Toll-free . . . . . . . . 1‑800‑668‑8258
Toll-free TTY . . . . . 1‑866‑641‑8867
Toronto area TTY . . . 416‑598‑8867
You can also see CLEO’s booklet called Getting legal help:
Community Legal Clinics in Ontario. To view it online,
go to <www.cleo.on.ca> and click on VIEW MATERIALS then
8
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LEGAL SERVICES. To find out how to order it, check the back cover of this booklet.
If you have experienced discrimination, you can also get legal advice and help from:
• Human Rights Legal Support Centre
Toll-free . . . . . . . . . 1-866-625-5179
Toronto area . . . . . . . 416-314-6266
Toll-free TTY . . . . . . 1-866-612-8627
Toronto area TTY . . . . 416-314-6651
Web site . . . . . . . . . <www.hrlsc.on.ca>
• Centre for Equality Rights in Accommodation
Toll-free . . . . . . . . . 1-800-263-1139
Toronto area . . . . . . . 416-944-0087
Web site . . . . . . . . . <www.equalityrights.org/cera>
The Human Rights Tribunal of Ontario deals with claims of discrimination under the Human Rights Code.
Toll-free . . . . . . . . . 1-866-598-0322
Toronto area . . . . . . . 416-326-1312
Toll-free TTY . . . . . . 1-866-607-1240
Toronto area TTY . . . . 416-326-2027
Web site . . . . . . . . . <www.hrto.ca>
For application forms and general information about landlord and tenant issues, you can contact the Landlord and Tenant Board. The Board cannot give you legal advice.
Toll-free . . . . . . . . . 1-888-332-3234
Toronto area . . . . . . . 416-645-8080
TTY users, call through
Bell Relay services . . .1-800-268-9242
Web site . . . . . . . . . <www.ltb.gov.on.ca>
TENANT LAW SERIES
Harassment and discrimination
This publication contains general information. It is not a substitute for getting legal advice for your particular situation.
Written, edited, and produced by CLEO (Community Legal Education Ontario /
Éducation juridique communautaire Ontario).
In co-operation with Ontario community legal clinics.
With funding from Legal Aid Ontario and the Department of Justice Canada.
This publication is part of the CLEO Tenant Law Series. CLEO has free publications on other legal topics as well.
We revise our publications regularly to reflect changes in the law. Our Discard List tells you which publications are out of date and should be thrown away.
For a copy of our current Order Form or Discard List, or to view our publications online, please visit
www.cleo.on.ca or call 416-408-4420, extension 33.
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