Disabled tenants cannot be evicted ontario

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The Ontario Human Rights Code the Code is the law that provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario. It applies to the social areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations. The Code applies to every part of buying or renting housing. This includes private, social, supportive and co-operative housing. When renting a place to live, the Code covers:. People with disabilities are a diverse group, and experience disability, impairment and societal barriers in many different ways.

Disabled tenants cannot be evicted ontario

The Ontario Human Rights Code the Code is the law that provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario. It applies to the social areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder PTSD , depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few. The Code applies to every part of buying or renting housing. This includes private, social, supportive and co-operative housing. When renting a place to live, the Code covers:. People with mental health or addiction disabilities experience impairment and barriers in different ways. All people with disabilities have the same rights to equal opportunities under the Code , whether their disabilities are visible or not. People with addictions have the same right to be free from discrimination as other people with disabilities. There is often a cross-over between addictions and mental health disabilities, and many people experience both. The Code also protects people from discrimination because of past and perceived disabilities. Example: A human rights tribunal found that a person with multiple physical disabilities was discriminated against when she was denied a first floor apartment that would have accommodated her.

Housing providers should identify and remove barriers voluntarily instead of waiting to answer individual accommodation requests or complaints. The goal of accommodation is to allow people to equally benefit from and take part in housing.

A Parkdale mother who's been served an eviction notice says she and her son will have nowhere to go if they're kicked out of the apartment they've called home for some 30 years. Theresa De Mesa was recently served an eviction notice due to cleanliness issues, with the landlord, Nuspor Investments, saying her unit was not properly prepared for pest control — something De Mesa disputes. We are good tenants and we pay our rent," she told CBC Toronto. The property manager for Nuspor Investments says it has been working with De Mesa since trying to find solutions for her to stay in her apartment, citing an inability to maintain safety standards. But neighbours who are supporting her say she's cleaned her unit. In March , Premier Doug Ford announced the province will "make sure no one gets evicted.

Your landlord can only evict you in specific situations and must give you written notice using the proper form provided by the Landlord and Tenant Board LTB , an independent tribunal with the authority to resolve residential tenancy disputes in Ontario. The form must give the reason for eviction. Even if your landlord gives you written notice, you don't have to move out. Your landlord must first apply for and receive an eviction order from the LTB. You have the right to go to a hearing and explain why you should not be evicted. Under the new law, the maximum fine for an offence under the Residential Tenancies Act, has doubled and can be up to:. They must give you the right of first refusal to move back into the unit following the renovation. You must notify your landlord in writing before you leave that you want them to offer you the unit when they complete the renovation. Under the new rules, if your landlord fails to provide you a right of first refusal, you will have two years, rather than one, to file a claim with the Landlord and Tenant Board for compensation.

Disabled tenants cannot be evicted ontario

The Residential Tenancies Act the Act has rules for how a landlord can end a residential tenancy and evict a tenant. This brochure provides some information about these rules. It is not a complete summary of the law and it is not legal advice. If you need more information, please see Contact the Landlord and Tenant Board at the end of this brochure. There are special rules for ending a tenancy in a care home that are not explained in this brochure. When a landlord rents a unit to someone, they enter into a tenancy agreement - a contract in which the tenant agrees to pay rent for the right to live in the rental unit. A written tenancy agreement is often called a lease. A standard lease must be used for most new tenancies. A tenancy agreement may also be oral or implied.

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Wolch 15 the Divisional Court held that the Ontario Rental Housing Tribunal now the Board must consider and apply the Code when exercising its authority to grant relief from eviction. He thought she should live in a long-term care home instead. Section 47 of the Code is applied when there is conflict between a legislative provision and the Code to ensure that the Code takes precedence. For example, the Member may find that the reason for the landlord's application is unrelated to the fact that the tenant belongs to one or more of the categories contained in subsection 2 1 of the Code, or that the landlord has met the obligation to accommodate the tenant to the point of undue hardship. The Court held that:. Example: A landlord learns that a housing applicant is recovering from an alcohol addiction. Forms of accommodation Many different accommodation methods and techniques will respond to the unique needs of people with disabilities. Example: In one case, a human rights tribunal found that the respondents willfully and recklessly discriminated against a woman who was blind when they cancelled an apartment viewing without notifying her, later refused to let her enter the unit, and generally treated her rudely. For example, a party, witness or representative:. This means the Board must consider and apply the Code when, for instance, exercising its authority to delay or refuse an eviction, and determining, whether the landlord has accommodated the tenant to the point of undue hardship. Organizations should identify and remove barriers voluntarily instead of waiting to answer individual accommodation requests or complaints. The member found that the landlord had done everything in its power to attempt to accommodate the tenant to the point of undue hardship, but that the tenant had refused to accept help.

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The Divisional Court found that the tenant's drug addiction must be considered a disability, but upheld the Tribunal's order evicting the tenant. Education on human rights works best alongside a strong proactive strategy to prevent and remove barriers to equal participation, and effective policies and procedures for addressing human rights issues that do arise. Example: A person with a severe mental health disability and addictions who was homeless applied for supportive housing and went for an assessment. Negative attitudes about people with mental health disabilities or addictions can be barriers too. The superintendent required medical attention and the tenant was convicted of assault. Duty to accommodate Under the Code , housing providers have a duty to accommodate the needs of people with disabilities to the point of undue hardship, to make sure they have equal opportunities, equal access and can enjoy equal benefits. For example, a requirement that all tenants remove their belongings from cupboards and drawers to enable the landlord to fumigate all of the rental units may discriminate against tenants who are unable to perform such tasks because of a physical disability. And especially not someone who is trying very hard to meet the requirements laid out to them. Example: A housing co-operative evicts a man when the board finds out he has schizophrenia. It may not be likely that discriminatory remarks will be made directly. Effective inclusive design will reduce the need for people to ask for individual accommodation. The tenant also has a duty to cooperate with the landlord in the development and implementation of the accommodation. According to section 1 of the Code, the Board is required to accommodate the needs of all persons who use the Board's services. This discrimination is often based on negative attitudes, stereotypes and bias.