Duty to Accommodate: Disability in Housing

Protected Under the Human Rights Code

Disability is one of the most common grounds for a human rights complaint in housing. Landlords have a legal duty to accommodate tenants with disabilities.

• The Code — The Human Rights Code applies to all rental housing (apartments, condos, basement units).
• Point of Undue Hardship — The only exception is if the accommodation would cause significant cost or safety risks.

Common Accommodations

• Service Animals — Even if a landlord has a 'no pets' policy, a service animal for a person with a disability is NOT a pet and must be allowed.
• Physical Changes — Installing ramps, grab bars, or changing door handles to levers.
• Policy Changes — Moving a tenant to a different unit or changing a rent collection policy.

Tenant Rights and LTB/HRTO Complaints

• The Application Process — You can file a T2 application at the LTB or a complaint at the Human Rights Tribunal (HRTO).
• Remedies — The LTB or HRTO can order the landlord to accommodate, pay damages for injury to dignity, and even reduce your rent.