What you should know about your housing rights: Part I
Credit to Author: Canadian Immigrant| Date: Wed, 02 Oct 2019 22:03:54 +0000
A family new to Canada is asked to pay six months of rent in advance because they have no rental history in Canada or Canadian credit or professional references. A single mother living in a shelter is refused an apartment by a landlord because she has children and receives social assistance. A young woman is turned down for a rental because she does not yet have one year of full-time permanent employment.
What do these above scenarios have in common? They are all forms of housing discrimination.
Housing discrimination is 100% illegal according to Canadian human rights law – laws which declare that all individuals in Canada should have equal opportunity and among other principles, live free from all forms of discrimination.
This two-part series explores a few common situations faced by newcomers while seeking housing and provides information about what you should know about your housing and legal rights should you encounter one or more of these scenarios:
Situation 1: A landlord tells you they can’t rent to you because you have no credit rating, Canadian rental history or professional references. They say they will consider renting to you only if you provide 12 months of rent in advance.
What you should know:
It is discriminatory for landlords to refuse someone housing because they have no previous rental history or credit rating, or because the relevant records cannot be obtained. The reality is, having no landlord references or no credit rating is not the same as having poor references or a poor credit rating. Landlords must always consider other factors if references or a credit rating are not available from prospective tenants. Not doing so discriminates against and disadvantages certain groups including women, newcomers, and young people, who may not have access to Canadian professional references and a credit history.
What you can do if a landlord won’t rent to you because you don’t have a credit rating:
You can try to explain the above to the landlord, or get a professional from a housing advocacy organization to talk to the landlord on your behalf. Explain to the landlord that they cannot deny you the right to live somewhere on the basis of a protected ground of discrimination. Tell them that in the case of being a newcomer, it is against the law for a landlord to refuse to rent to you because of your place of origin and/or nationality (other protected grounds of discrimination include sex or gender; marital and family status; race, colour, ethnic origin, and ancestry; religion or creed; age; disability; sexual orientation; source of income; and political beliefs). By refusing to rent to you because of your lack of credit and/or references, they are indirectly discriminating against you because you are new to Canada.
In lieu of a Canadian renting history, you might choose to offer the landlord proof of your savings in the form of bank statements, an employment letter (if you have a job), references from your country of origin, post-dated cheques, or provide the name of a guarantor or co-signor (a person or organization who will pay the rent should you not be able to). If the landlord refuses to re-consider and you believe it to be because of discrimination, you can file a human rights complaint with your province’s human rights commission – they will determine if the landlord was in violation of your human rights. Should you be successful, a human rights tribunal in your province can order a landlord to rent to you, change their policies about tenant selection, or order the landlord to pay you money to compensate you for denying your human rights. Fair warning – this can be a lengthy process.
You should also never have to provide more than first and last month’s rent up front. Landlords who require immigrants or refugees to pay extra rent in advance are also in violation of human rights laws, in cases where extra rent is not required from other tenants. Seek legal counsel from organizations offering housing advice such as the Centre for Equality Rights in Accommodation or the Human Rights Legal Support Centre in your province.
Situation 2: A rental application includes questions related to your marital status, sexual orientation, religion, and/or ethnic background. Or, you encounter a rental application that asks for your Social Insurance Number.
What you should know:
Be cautious of rental applications that ask questions related to a protected ground of discrimination (sex or gender; marital and family status; race, colour, ethnic origin, and ancestry; religion or creed; age; disability; sexual orientation; source of income; and political beliefs). Questions on a rental application that directly relate to a protected ground of discrimination – such as ‘are you pregnant?’, ‘how old are you?’ ‘are you a Canadian citizen?’– can be challenged as discriminatory or as evidence of a landlord’s intention to discriminate against you. However, note that credit checks do require you to fill out certain information such as the date of birth.
What you can do such a rental application:
Fill out the rental application form as completely as you can. Do not leave any blanks. For example, if the form asks for Canadian landlord or professional references, write that you are a newcomer and do not have any Canadian references. If the form asks you if you are a Canadian citizen, write ‘no’ and your citizenship. Note that the landlord will use an incomplete form as an excuse not to rent to you. Completing the form fully will allow you to challenge the landlord if you are turned down unfairly.
Many rental applications will also ask you for your Social Insurance Number (SIN), stating that a SIN is required to check your credit rating. It’s important to know that a SIN is not required for a landlord to check your credit: full name, current address, and birth date is enough. If a landlord is insisting that they need to have your SIN, you can either refuse to provide it (and risk not getting the housing you want), or ask the landlord how they will protect your SIN in their records, so that it is not available for misuse.
Stay tuned for part 2 of the series!
[Author: Denise Hansen]