It is strictly illegal in Ontario to refuse a rental application because a woman is pregnant or has children. This violates the Ontario Human Rights Code under the grounds of “family status” and “sex.” Tenants facing this discrimination can file a free application with the Human Rights Tribunal of Ontario (HRTO).
Finding a suitable home in Ontario’s competitive rental markets-whether in Kitchener, Markham, or Windsor-is stressful enough without facing illegal prejudice. Unfortunately, some landlords attempt to filter out applicants based on their personal lives, believing that a crying baby or a toddler will cause noise complaints or damage the property. When a landlord explicitly or implicitly refuses to rent to an expectant mother, they are committing a severe violation of provincial law.
The Ontario Human Rights Code (OHRC) guarantees equal treatment with respect to housing. Landlords are strictly prohibited from discriminating against prospective tenants based on their “family status” (being in a parent-child relationship) and “sex” (which explicitly includes pregnancy). Landlords cannot mask their discrimination by claiming the unit is “not child-friendly” or by imposing arbitrary occupancy limits that do not align with municipal by-laws. This guide explains your rights as a pregnant tenant and how to legally hold discriminatory landlords accountable.
Step-by-Step Process for Reporting Discrimination in Ontario
If a landlord revokes a rental offer the moment they notice you are pregnant, or asks unlawful questions about your family planning, you have the right to take legal action. The Landlord and Tenant Board (LTB) does not handle applications for people who were refused a tenancy; instead, this is the jurisdiction of the Human Rights Tribunal of Ontario (HRTO).
Step 1: Document the Refusal and Gather Evidence
📸 Evidence is the key to winning a human rights claim. If a landlord says, “I don’t rent to people with babies,” ask them to put their refusal in writing via email or text. Save all communications, voicemails, and online rental advertisements. If the interaction happens in person, immediately write down detailed notes of the conversation, including the time, date, and location. If you had a real estate agent or a friend with you, their witness testimony is highly valuable.
Step 2: Contact the Human Rights Legal Support Centre
Before filing a claim, you can seek free legal guidance. The Human Rights Legal Support Centre (HRLSC) is an independent Ontario agency that provides free legal services to individuals who have experienced discrimination. They can help you assess the strength of your evidence and determine if the landlord’s actions explicitly violated the Code.
Step 3: Filing a Form 1 with the HRTO
To officially start the legal process, you must file a Form 1 (Application) with the HRTO. You will need to describe exactly what happened, identify the landlord or property management company, and state which grounds of the Code were violated (Sex and Family Status). You will also specify what remedies you are seeking, such as financial compensation for the humiliation and stress caused.
Step 4: Mediation and Tribunal Hearing
Once the landlord responds to the application, the HRTO will offer voluntary mediation. An impartial mediator will try to help both parties negotiate a financial settlement without a formal hearing. If mediation fails, the case proceeds to a hearing before an adjudicator. If the adjudicator finds the landlord guilty of discrimination, they will issue a legally binding order.
How Much Does it Cost in Ontario?
Pursuing human rights justice is designed to be accessible to all Ontarians, regardless of income.
- Filing Fees: Filing an application with the Human Rights Tribunal of Ontario is completely Free ($0 CAD).
- Legal Representation: If you do not qualify for free help from the HRLSC, hiring a private human rights lawyer typically costs between $2,500 and $7,000 CAD depending on whether the case settles at mediation or goes to a full hearing.
- Damages Awarded: If you win, the tribunal can order the landlord to pay damages for injury to dignity, feelings, and self-respect. In housing discrimination cases involving pregnancy, these awards frequently range from $5,000 to $15,000 CAD.
How Long Does the Process Take?
📅 While filing is quick, waiting for a final decision from the tribunal requires patience due to institutional backlogs.
- Limitation Period: You must file your HRTO application within 1 year of the discriminatory incident.
- Mediation Scheduling: If both parties agree, mediation usually occurs 6 to 9 months after the application is filed.
- Final Hearing and Decision: If the case goes all the way to a formal hearing, it can take 1.5 to 3 years to receive a final written decision and compensation order.
Comparison: Direct vs. Indirect Discrimination
| Type of Discrimination | Example Scenario | Legal Status in Ontario |
|---|---|---|
| Direct Discrimination | Landlord explicitly states, “I will not rent this apartment to a pregnant woman.” | Strictly Illegal (Clear violation of the Code). |
| Indirect Discrimination | Landlord requires all tenants to work full-time without gaps, penalizing women who take maternity leave. | Illegal (Creates an unfair barrier for pregnant individuals). |
| Masked Discrimination (Occupancy) | Landlord claims a 2-bedroom unit is strictly for two people only, effectively banning a couple with a new baby. | Illegal (Unless the local fire/building code strictly limits occupancy to two, which is rare for a 2-bedroom). |
Frequently Asked Questions (FAQ)
Can a landlord ask if I plan on having kids during the viewing?
No. Questions about your family planning, marital status, or whether you are pregnant are completely inappropriate and illegal during the tenant screening process. You are not obligated to answer them.
Can they evict me if I get pregnant after moving in?
Absolutely not. Having a baby while living in a rental unit is a fundamental human right. A landlord cannot issue an eviction notice for “overcrowding” simply because a newborn has been added to the household, provided it does not violate municipal health and safety by-laws.
Are “Adult-Only” apartment buildings legal in Ontario?
Generally, no. Under the Ontario Human Rights Code, “Adult-Only” buildings violate the protections against family status and age discrimination. The only legal exception is specific seniors’ housing or care facilities intended for persons aged 65 and over.
What if the landlord says the unit is not safe for a baby?
It is not the landlord’s legal right to determine what is suitable or safe for your family. As long as the unit meets basic building codes, it is up to the parents to childproof the home. Landlords cannot use “child safety” as an excuse to deny housing.
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