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.

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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.

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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.

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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:

  • Non-profit co-ops involve tenancy
  • Equity co-ops involve services by the co-op to its members, like the services a strata provides to its members