In Ontario, advertising an apartment as “Adults Only” is generally illegal under the Ontario Human Rights Code. Landlords cannot discriminate based on age or family status (having children). The only legal exception is for specialized housing strictly designated for individuals aged 65 and older.
Searching for a rental apartment in competitive markets like Toronto, Mississauga, or Hamilton is stressful enough without facing illegal barriers. Many prospective renters with young families are shocked to see listings blatantly stating “Adults Only,” “No Kids Allowed,” or “Suits Quiet Professionals.” While a landlord might claim they are just trying to preserve a peaceful environment for their current tenants, the law in Ontario is incredibly strict regarding who can and cannot be excluded from housing.
The Ontario Human Rights Code (OHRC) explicitly protects tenants and prospective renters from discrimination based on age and “family status”-which includes being a parent or pregnant. Denying housing to a family simply because they have a toddler is a direct violation of these human rights. If you have been denied a rental unit because of your children, you have legal avenues to fight back. Reviewing your situation with a skilled Ontario human rights or tenant lawyer from our directory can help you hold discriminatory landlords accountable. 💼
Step-by-Step Process: What to Do If You Face Family Status Discrimination
If you encounter an “Adults Only” listing or are verbally told your children are not welcome, you do not have to simply walk away. You can take formal legal action against the landlord or property management company through the Human Rights Tribunal of Ontario (HRTO). Here is how you generally proceed.
Step 1: Save the Evidence Immediately
The moment you see a discriminatory ad, take screenshots. Save the URL, print the page, and capture any text messages or emails where the landlord explicitly states they do not rent to families with kids. If the conversation happens over the phone or in person during a viewing in Ottawa or London, write down detailed notes of the interaction, including the date, time, and the exact words used by the landlord. 📱
Step 2: Submit a Rental Application Anyway
To prove you were denied housing specifically because of your family status, it often helps to actually apply for the unit. Submit a complete application with your employment letters, credit score, and references. If you are a perfect candidate on paper but are formally rejected right after the landlord discovers you have a newborn, your case for discrimination becomes significantly stronger.
Step 3: Inform the Landlord of the Law
Sometimes, “mom and pop” landlords simply do not know the law. You can politely reply to their rejection by citing the Ontario Human Rights Code, explaining that denying housing based on family status is illegal. Keep your tone professional. If they backtrack and offer you the apartment, you may choose to take it. If they double down or ignore you, you have clear evidence of their refusal. 🗂
Step 4: File an Application with the HRTO
If you were unlawfully denied housing, you can file a formal application with the Human Rights Tribunal of Ontario. This is a separate legal body from the Landlord and Tenant Board (LTB), which primarily deals with existing tenancies. You will complete Form 1 (Application by an Individual), detailing the discrimination, attaching your evidence, and stating the remedies you are seeking (such as financial compensation for injury to your dignity).
Step 5: Attend Mediation or a Tribunal Hearing
The HRTO will notify the landlord, who must file a formal response. Usually, the Tribunal will first offer a voluntary mediation session to see if both parties can reach a financial settlement without a trial. If the landlord refuses to settle, your case will proceed to a formal hearing before an adjudicator, where your lawyer can present your evidence and cross-examine the landlord. 👨⚕️
Discriminatory vs. Acceptable Rental Advertisements
Landlords often use coded language to try and skirt human rights laws. Review this table to understand what is legally acceptable versus what crosses the line in Ontario.
| Advertisement Phrase | Legal Status in Ontario | Reasoning |
|---|---|---|
| “Adults Only Building” | Illegal. | Direct violation of OHRC protections against family status and age discrimination. |
| “Ideal for Single Professionals” | Generally Illegal. | Often viewed by the HRTO as coded language intended to discourage families with kids. |
| “Maximum Occupancy: 2 Persons” | Legal (Sometimes). | Legal only if it strictly aligns with municipal health and safety overcrowding bylaws (e.g., in a tiny bachelor apartment). |
| “Seniors Only (65+)” | Legal. | The OHRC explicitly allows age-restricted housing if it is specifically designed and designated to support persons 65 and older. |
How Much Does It Cost to Fight Discrimination?
Pursuing a human rights complaint in Ontario is designed to be accessible to standard renters, though legal representation carries a cost.
- HRTO Filing Fees: $0 CAD. The Human Rights Tribunal of Ontario does not charge applicants any fees to file a discrimination claim.
- Potential Damages Awarded: If you win, the HRTO frequently orders landlords to pay “general damages” for injury to dignity, feelings, and self-respect. In housing cases, this commonly ranges from $2,000 CAD to $10,000+ CAD.
- Lawyer Fees: Many human rights lawyers offer free initial consultations. If they take your case, they may work on an hourly basis (usually $250 to $500 CAD per hour) or occasionally on a contingency fee basis if the damages expected are substantial.
How Long Does the HRTO Process Take?
Human rights cases require patience, as the provincial tribunal system is heavily backlogged.
- Statute of Limitations: You must file your HRTO application within 1 year of the discriminatory incident happening.
- Initial Processing: Once you file, it can take 3 to 6 months for the HRTO to formally serve the documents to the landlord.
- Mediation and Hearings: Securing a mediation date usually takes 6 to 12 months, and a full public hearing can take 18 to 24 months from your initial filing date.
Frequently Asked Questions (FAQ)
Can a landlord evict me if I have a baby after moving in?
Absolutely not. Having a child while living in a rental unit is fully protected under both the Residential Tenancies Act (RTA) and the OHRC. A landlord cannot issue an eviction notice simply because your family size increased.
What if the apartment is too small for a family?
A landlord can only refuse a family if the number of people literally violates the local municipal property standards bylaw regarding overcrowding (usually based on square footage per person). They cannot make arbitrary guesses about what is “too small” for your family.
Can landlords charge extra rent if I have a child?
No. In Ontario, a landlord cannot unilaterally increase your rent just because a new person (like a baby) moves into the unit. Rent increases are strictly controlled by provincial guidelines, regardless of the number of occupants.
Does this rule apply if I share a kitchen or bathroom with the landlord?
If you share a kitchen or bathroom with the landlord or their immediate family, the RTA does not apply to you. Furthermore, human rights laws regarding shared personal living spaces are much more flexible, and the landlord generally can refuse to live with children.
What if the other tenants complain about a crying baby?
Normal noise from an infant or toddler is considered a regular part of everyday life. The LTB generally will not evict a family for “interfering with reasonable enjoyment” just because a baby cries at night. Landlords must tolerate standard family noises.
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