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Rights under the Code as a renter

As a renter, you have the right under B.C.’s Human Rights Code to have your human rights respected and upheld where you rent.

This includes renting apartments, houses and some co-ops.

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:

a part of your identity, such as family status or race is protected by the Code
you experience harm or a negative impact where you rent
the harm you experience is connected to the part of your identity protected by the Code

Age
Family status and marital status
Disability
Race, colour, place of origin and ancestry
Indigenous identity
Sexual orientation
Sex, gender expression and gender identity
Religion
Source of income

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 under the Code?

Discrimination-free application decisions

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

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.
View an example!

Addressing discrimination

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.

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.

Accomodations

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.

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.
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.
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

The BC Human Rights Clinic writes about mental health and human rights in housing as well as no-pet clauses and human rights.
Homeless Hub studies discrimination in housing across Canada and shares which discriminatory practices are most common and which identities and communities are impacted.
We are working with community partners and organizations to identify human rights priorities and solutions, including those relevant to renting.

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

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.

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?

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 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?

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

Frequently asked questions

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.

Who can help?

If you would like to learn more about your rights as a renter under B.C.’s Human Rights Code, consider the following resources:

Check out the workshops we have available or make a request for us to join your event.
The BC Human Rights Clinic offers information and training for those with responsibilities under the Code, such as landlords.

If you would like to make a complaint or have been notified by the Human Rights Tribunal that a complaint has been made against you, consider the following resources:

The BC Human Rights Tribunal website offers information, resources and examples to help understand and navigate the process of responding to a complaint.
The BC Human Rights Clinic offers free short appointments with a lawyer or legal advocate to provide information about the Code, how to file a human rights complaint and how to identify other organizations that may be able to help.
The Law Centre offers help understanding the Human Rights Tribunal process, preparing initial responses, mediation options and legal representation. Applicants for this service must demonstrate financial need.
Consult a lawyer with experience in human rights law. A lawyer can provide legal advice specific to the details of your complaint and represent you in the human rights process.

If you are looking for resources to learn more about other legal rights and responsibilities in renting, consider the following resources:

The B.C. Government Residential Tenancy Branch has information and resources for renters and landlords.
Tenant Resources & Advisory Centre (TRAC) provides free legal education, representation and advocacy for renters in B.C.
The People’s Law School of BC provides online information about legal responsibilities and resolutions to common issues.
Check out local resources available in your community.