In Ontario, landlords cannot legally restrict you from taking in foster children. Under the Ontario Human Rights Code, you are protected from discrimination based on “family status.” Additionally, the Residential Tenancies Act (RTA) does not allow landlords to evict tenants simply for adding occupants, provided the total number of people does not violate your local municipality’s property standards for overcrowding.
Deciding to become a foster parent is a life-changing and generous commitment. However, many renters in Ontario worry that their landlord will block them from bringing a new child into their home. As of 2026, the housing crisis in cities like Toronto, London, and Sudbury has made some landlords hyper-vigilant about the number of people living in their units. Some may try to enforce lease clauses that state “no additional occupants” or “maximum of two people.”
It is crucial to know that the law is firmly on your side. The Ontario Human Rights Code strictly prohibits housing discrimination based on family status, which includes foster care arrangements. Furthermore, any clause in an Ontario lease that limits the number of guests or occupants is generally void and unenforceable under the Residential Tenancies Act (RTA). If you are facing harassment from a landlord over a foster child, we generally recommend consulting a licensed paralegal or a local human rights lawyer from our directory to help enforce your legal protections.
Step-by-Step Process: Protecting Your Foster Family in Ontario
If your landlord objects to you fostering a child, you do not need to move out or cancel your fostering application. Most tenants handle this situation by following these structured steps to assert their rights. 📍
Step 1: Understand Your Lease vs. The Law
First, review your Ontario Standard Lease. You might see a clause written in the “Additional Terms” section stating that you cannot add roommates or children.
Under Section 4 of the RTA, any lease clause that contradicts the Act is automatically void. Because the RTA does not allow a landlord to control who you invite into your home as a guest or occupant, you can legally ignore a clause that attempts to ban foster children.
Step 2: Check Municipal Overcrowding Bylaws
The only valid reason a landlord can restrict a foster child is if the addition of the child would break municipal overcrowding bylaws.
Every city in Ontario has property standard bylaws that dictate how many square feet of living space are required per person. For example, the City of Toronto requires at least nine square metres of habitable floor space for every adult, and slightly less for children. As long as your apartment or house is large enough to legally accommodate the foster child under these local bylaws, the landlord has no legal grounds to intervene.
Step 3: Communicate Your Intentions in Writing
While you are not legally required to ask for “permission” to bring a foster child into your home, it is often best practice to notify the landlord in writing to maintain a transparent relationship. 📧
Send a polite email or letter stating that a foster child will be joining your household. You do not need to share the child’s sensitive background information. If the landlord replies with a threat to evict you or raise the rent, save that communication—it is vital evidence of discrimination.
Step 4: File a T2 Application with the LTB
If the landlord continuously texts you, knocks on your door to complain about the child, or serves you with a baseless eviction notice (like an N5 for interfering with their rights), this is considered harassment.
You can file a T2 Application (Application about Tenant Rights) with the Landlord and Tenant Board (LTB). You can ask the LTB adjudicator to order the landlord to stop the harassment, pay you compensation, or issue a fine against the landlord.
Step 5: Consider a Human Rights Claim
If the landlord’s actions are severely discriminatory, you also have the option to file an application with the Human Rights Tribunal of Ontario (HRTO). ⚠️
The HRTO specializes in discrimination based on family status. While you cannot claim the exact same financial damages at both the LTB and the HRTO simultaneously, a human rights lawyer can advise you on which tribunal is best suited for your specific situation.
How Much Does it Cost in Ontario?
Defending your right to foster a child should not drain your bank account. The legal costs involved are generally quite low for tenants. 💰
- LTB Filing Fee: Filing a T2 Application online at the Landlord and Tenant Board currently costs $48 CAD (or $53 for paper filing). If you have a low income, you can apply for a fee waiver.
- HRTO Filing Fee: Filing a discrimination claim at the Human Rights Tribunal of Ontario is completely free.
- Paralegal Representation: Hiring a licensed Ontario paralegal to draft your LTB application and represent you at a hearing typically costs between $800 and $2,000 CAD.
- Rent Increases: Your landlord cannot legally charge you extra rent or increase your utilities just because a foster child moved in.
| Landlord Action | Is it Legal in Ontario? | Tenant Response |
|---|---|---|
| Banning foster children | No (Human Rights violation) | Remind them of the Human Rights Code. |
| Raising rent for the extra occupant | No (Violates RTA) | Refuse to pay the extra amount. |
| Evicting for municipal overcrowding | Yes (If proven) | Verify square footage against city bylaws. |
How Long Does the Process Take?
If you need to escalate the matter to the Landlord and Tenant Board, patience is required. As of 2026, the LTB still faces significant backlogs. A T2 hearing for harassment typically takes 4 to 8 months to be scheduled. ⌛
If you file a claim with the Human Rights Tribunal of Ontario, the process is even longer. It can take 12 to 24 months to reach a final hearing, though mediation is often offered much sooner. The good news is that while you are waiting for a hearing, you cannot be legally evicted without an official LTB order, meaning your foster child can safely remain in the home.
Frequently Asked Questions (FAQ)
Do I have to tell my landlord I am fostering a child?
Legally, no. The RTA does not require you to report new occupants or guests to your landlord. However, fostering agencies like the Children’s Aid Society (CAS) may require a landlord reference or proof of stable housing, so hiding it is usually impractical.
Can the landlord force me to pay higher utility bills?
No. If your lease states that utilities (water, hydro, gas) are included in your rent, the landlord cannot unilaterally increase your rent or demand extra money because a new child is using more water or electricity. This is strictly prohibited by the RTA.
What if my foster child has a service dog, but the building is pet-free?
In Ontario, “no pet” clauses in residential leases are automatically void under the RTA. Even in a condominium with strict pet bylaws, the Human Rights Code overrides those rules if the dog is a registered service animal required for the child’s disability.
Can my landlord deny me if I live in a 1-bedroom apartment?
The landlord cannot deny you, but the municipality might. If a 1-bedroom apartment is too small to legally house two adults and a child under the local city’s property standards, the landlord can apply to the LTB to evict you for overcrowding. You must check your specific city’s square-footage bylaws.
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