In New Brunswick, the Human Rights Act strictly prohibits landlords from denying a rental application based on protected grounds, such as race, religion, family status (having children), or source of income. If a prospective tenant faces discrimination, they can file a formal complaint with the New Brunswick Human Rights Commission, potentially resulting in significant financial penalties for the landlord.
Finding a reliable tenant is a top priority for any property owner. Whether you are managing an apartment building in Moncton, renting out a basement suite in Fredericton, or leasing a townhome in Saint John, finding someone who pays rent on time is essential.
However, the screening process must be fair and legally compliant. Landlords in this province must adhere to the New Brunswick Human Rights Act, which sets clear boundaries on what you can and cannot ask an applicant. Understanding these rules protects your real estate investment from costly legal disputes. 📍
Step-by-Step Screening Process in New Brunswick
Many first-time landlords unintentionally violate human rights laws by asking overly personal questions during a property viewing. To stay compliant across the province, it is vital to establish a standardized screening routine.
Step 1: Understanding Protected Grounds
Before you list your property, you must know what the law protects. In New Brunswick, you cannot refuse to rent to someone based on their race, colour, religion, national origin, ancestry, or place of origin.
Additionally, you cannot discriminate based on age, physical or mental disability, marital status, sexual orientation, gender identity, or sex. Crucially, “social condition” is also protected, meaning you cannot reject applicants simply because they rely on social assistance, pension income, or employment insurance.
Step 2: Designing a Compliant Rental Application
Your rental application form should only ask for information directly related to a person’s ability to be a good tenant. You may legally ask for employment references, previous landlord references, and a credit check consent. 📝
You should never ask questions like, “Are you planning to have children?” or “Where do you go to church?” Stick to assessing their financial ability to afford the monthly rent and their history of maintaining a clean, peaceful living environment.
Step 3: Conducting Equal Background Checks
Consistency is your best defence against a discrimination claim. If you require a credit check and a letter of employment from one applicant, you must require it from all applicants.
If a prospective tenant has poor credit or a lack of rental history (which is common for newcomers to Canada or young students), you can legally ask them to provide a co-signer or guarantor. This is a business decision that focuses on financial security rather than a protected personal characteristic.
Step 4: Managing Accommodation Requests
Sometimes, a tenant may require a modification to the rental unit due to a physical disability. Landlords in New Brunswick have a legal duty to accommodate these needs up to the point of “undue hardship.” 💼
This might involve allowing a certified service dog despite a strict “no pets” policy, or installing grab bars in a bathroom. Generally, landlords are expected to cover reasonable costs for basic accessibility modifications unless it would cause severe financial strain on the business.
How Much Does it Cost in New Brunswick?
Failing to comply with the New Brunswick Human Rights Act can be incredibly expensive. It is often much cheaper to hire a local corporate lawyer to draft a compliant application form than to face a tribunal hearing.
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Legal Consultation | $200 – $400 | Hiring a lawyer to review your rental application and screening process. |
| Credit Check Fees | $20 – $50 per applicant | Cost to run a standard Equifax or TransUnion credit report (paid by landlord). |
| Tribunal Fines | $1,000 – $10,000+ | Potential financial damages awarded to a tenant if discrimination is proven. |
- Application Fees: Unlike some other jurisdictions, New Brunswick landlords generally cannot charge prospective tenants an “application fee” just to view or apply for a unit.
- Security Deposits: If approved, the maximum security deposit you can collect is exactly one month of rent, which must be remitted to Service New Brunswick (SNB), not kept in your personal bank account.
How Long Does the Process Take?
A standard tenant screening process, including calling references and running a credit check, typically takes 2 to 4 business days.
However, if an applicant believes they were unfairly rejected and files a complaint with the New Brunswick Human Rights Commission, the investigation and resolution process is lengthy. A formal human rights inquiry can easily take anywhere from 1 to 2 years to resolve, consuming a vast amount of time, stress, and legal fees.
Frequently Asked Questions (FAQ)
Can I legally refuse an applicant who has pets?
Yes. Owning a pet is not a protected human right in New Brunswick. You can enforce a strict “no pets” policy, unless the animal is a professionally certified service animal required for a disability.
Can I refuse to rent to students?
No. Refusing to rent to someone solely because they are a student can be considered discrimination based on age or social condition. You must evaluate them based on their financial ability to pay.
Can I ask for a criminal record check?
While not explicitly illegal, asking for a criminal record check is generally discouraged unless you have a highly justifiable reason related to the safety of the specific building. Blanket bans on anyone with a past summary conviction could potentially invite a human rights challenge.
Do I have to accept an applicant on welfare?
You cannot reject them simply because their income comes from social assistance. However, if their total monthly assistance is insufficient to comfortably cover the rent, you can decline them based on standard financial affordability metrics.
What should I do if a tenant files a human rights complaint?
Do not ignore it. Gather all your screening notes, credit checks, and reference logs to prove your decision was based on objective financial or tenancy-related reasons. It is highly advisable to consult a local law firm immediately.
Leave a Reply