Disabled tenants cannot be evicted ontario

A Parkdale mother who's been served an eviction notice says she and her son will have nowhere to go if they're kicked out of the apartment they've called home for some 30 years.

The Ontario Human Rights Code the Code is the law that provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario. It applies to the social areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder PTSD , depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few. The Code applies to every part of buying or renting housing.

Disabled tenants cannot be evicted ontario

By reason of subsection 47 1 of the Code, the Code applies to the Board as a provider of services and facilities. This means every person has the right to equal treatment, without discrimination, with respect to Board services and facilities, pursuant to section 1 of the Code. Although the Board's services and facilities are designed to be accessible, some persons may require additional accommodation from the Board in order to access its services and facilities. In Walmer Developments v. Wolch, the Divisional Court held that " This means the Board must consider and apply the Code when, for instance, exercising its authority to delay or refuse an eviction, and determining, whether the landlord has accommodated the tenant to the point of undue hardship. The Code may also apply to certain applications filed by tenants against landlords. According to subsection 47 2 of the Code, the Code is paramount over all other provincial laws, including the RTA. This is consistent with subsection 3 4 of the RTA which states that if a provision of the RTA conflicts with a provision of another law, other than the Code , the provision of the RTA applies. The Supreme Court of Canada has confirmed that an administrative tribunal such as the Board has authority to find that a provision of an Act does not apply if it conflicts with the Code 4. This Guideline addresses the following types of Human Rights Code issues that may arise in Board proceedings:. For instance, a person alleging that a landlord refused to provide them with a rental unit based on a Code ground of discrimination should contact the Human Rights Tribunal of Ontario. The Board has no jurisdiction to deal with such matters unless the person has paid a rent deposit and the landlord does not provide vacant possession of the rental unit, or return the rent deposit, in accordance with section of the RTA. According to section 1 of the Code, the Board is required to accommodate the needs of all persons who use the Board's services.

The goal of accommodation is to allow people to equally benefit from and take part in housing. In other cases, the tenant may need to submit evidence, such as a letter from a doctor or other medical forms, to establish that they have a disability as defined in the Code.

The Ontario Human Rights Code the Code is the law that provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario. It applies to the social areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations. The Code applies to every part of buying or renting housing. This includes private, social, supportive and co-operative housing.

Your landlord can only evict you in specific situations and must give you written notice using the proper form provided by the Landlord and Tenant Board LTB , an independent tribunal with the authority to resolve residential tenancy disputes in Ontario. The form must give the reason for eviction. Even if your landlord gives you written notice, you don't have to move out. Your landlord must first apply for and receive an eviction order from the LTB. You have the right to go to a hearing and explain why you should not be evicted. Under the new law, the maximum fine for an offence under the Residential Tenancies Act, has doubled and can be up to:. They must give you the right of first refusal to move back into the unit following the renovation. You must notify your landlord in writing before you leave that you want them to offer you the unit when they complete the renovation. Under the new rules, if your landlord fails to provide you a right of first refusal, you will have two years, rather than one, to file a claim with the Landlord and Tenant Board for compensation. This means the landlord must have honest intentions to use the rental unit for the purpose stated on the eviction notice.

Disabled tenants cannot be evicted ontario

The Residential Tenancies Act the Act has rules for how a landlord can end a residential tenancy and evict a tenant. This brochure provides some information about these rules. It is not a complete summary of the law and it is not legal advice. If you need more information, please see Contact the Landlord and Tenant Board at the end of this brochure. There are special rules for ending a tenancy in a care home that are not explained in this brochure. When a landlord rents a unit to someone, they enter into a tenancy agreement - a contract in which the tenant agrees to pay rent for the right to live in the rental unit. A written tenancy agreement is often called a lease. A standard lease must be used for most new tenancies.

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She enjoys covering offbeat human interest stories and exposing social justice issues. The Member's consideration of such a claim will be similar to that described above with respect to Code issues raised pursuant to section 83 of the RTA. Copyright , Gale Group. An accommodation provider should take steps to resolve any tension or conflict that may occur as a result of resentment on the part of others who are expected to help put an accommodation in place. A person who needs a disability-related accommodation must: make accommodation needs known to the best of their ability, preferably in writing, so that the person responsible for accommodation can make the requested accommodation answer questions or provide information about relevant restrictions or limitations, including information from health care professionals take part in discussions about possible accommodation solutions co-operate with any experts whose assistance is required to manage the accommodation process or when information is needed meet agreed-upon performance standards and requirements once accommodation is provided work with the accommodation provider on an ongoing basis to manage the accommodation process. Organizations should identify and remove barriers voluntarily instead of waiting to answer individual accommodation requests or complaints. Organizations must take steps to address negative attitudes, stereotypes and stigma to make sure they do not lead to discriminatory behaviour toward people with disabilities. A tenant may also allege in a tenant's application that the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant in contravention of section 25 of the RTA , and that the landlord acted in this way because the tenant is covered by one of the grounds set out in subsection 2 1 the Code. Example: A tenant starts showing that he is having real difficulty maintaining his apartment, to the point where major health and safety risks are starting to arise. Once the Member determines that the tenant is covered by one or more of the categories contained in subsection 2 1 of the Code and has been discriminated against by the landlord, the legal burden shifts to the landlord to show that it has accommodated the tenant to the point of undue hardship. Individual acts themselves may be unclear or explained away, but when viewed as part of a larger picture, may lead to an inference that discrimination based on a Code ground was a factor in the treatment a person received. When she tries to talk to the tenant about his situation, the tenant has difficulty recognizing he has needs related to his housing that may warrant accommodation. However, even if relief is granted, the Member may still consider whether other types of conditions and requirements should be ordered to address the conduct or problem at issue.

The Ontario Human Rights Code the Code is the law that provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario. It applies to the social areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations.

Stereotypes may exist that are based on combinations of these identities that place people at unique disadvantage. Landlord must consider disability before evicting, Ontario court rules.. In other cases, the tenant may need to submit evidence, such as a letter from a doctor or other medical forms, to establish that they have a disability as defined in the Code. People with disabilities are a diverse group, and experience disability, impairment and societal barriers in many different ways. Members must also be attentive to indications which suggest a party may be unable to participate in a hearing due to a lack of mental capacity, even if the party does not bring this issue to the attention of the Board. It can happen when housing providers specifically exclude people with disabilities from receiving housing. Housing providers must try to help a person who is clearly unwell, or is thought to have a mental health disability or addiction. If issues relating to cost, outside sources of funding or health and safety requirements are relevant to the proceeding, it is the landlord's obligation to provide evidence respecting these three considerations if arguing that any or further accommodation would cause undue hardship. If the Member determines that the landlord has failed to accommodate a tenant covered by one or more of the categories contained in subsection 2 1 of the Code up to the point of undue hardship, the Member must consider relief from eviction in accordance with clause a of subsection 83 1 of the RTA. This means the Board must consider and apply the Code when, for instance, exercising its authority to delay or refuse an eviction, and determining, whether the landlord has accommodated the tenant to the point of undue hardship. Such allegations may relate to a number of different sections of the RTA and the Code. The application form was very technical and long. Systemic or institutional discrimination consists of attitudes, patterns of behaviour, policies or practices that are part of the social or administrative structures of an organization or sector, and that create or perpetuate a position of relative disadvantage for people with disabilities. People with disabilities who also identify with other Code grounds such as sex, race or age may be distinctly disadvantaged when they try to access housing. In other words, section 11 allows the landlord to demonstrate that the requirement, qualification or factor applied by the landlord is "reasonable and bona fide " by showing that the needs of the group to which the tenant belongs cannot be accommodated without undue hardship.