Disabled tenants cannot be evicted ontario

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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.

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. 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. All people with disabilities have the same rights to equal opportunities under the Code , whether their disabilities are visible or not. Discrimination in housing may happen when a person experiences negative treatment or impact because of their disability. Discrimination does not have to be intentional. People with disabilities who also identify with other Code grounds such as sex, race or age may be distinctly disadvantaged when they try to access housing. Stereotypes may exist that are based on combinations of these identities, placing people at unique disadvantage. Example: Women with disabilities experience unique forms of discrimination. They may be singled out as targets for sexual harassment and sexual violence in housing due to a perception that they are more vulnerable and unable to protect themselves. Discrimination may take many different forms.

Systemic or institutional discrimination consists disabled tenants cannot be evicted ontario attitudes, patterns of behaviour, policies or practices that are part of the social or administrative structures of an organization or sector, and that create or perpetuate a position of relative disadvantage for people with disabilities. Interpretation Guidelines are intended to assist the parties in understanding the Board's usual interpretation of the law, to provide guidance to Members and promote consistency in decision-making. In other words, section 11 allows the landlord to demonstrate that the requirement, disabled tenants cannot be evicted ontario, qualification or factor applied by the landlord is "reasonable and bona fide " by showing that the needs of the group to which the tenant belongs cannot be accommodated without undue hardship.

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:.

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.

Disabled tenants cannot be evicted ontario

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.

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Subsection 17 1 of the Code contains a similar provision that specifically applies to disability. Preventing and responding to discrimination Under the Code , housing providers must make sure their organizations are free from discriminatory or harassing behaviour. The Ontario Divisional Court stated that the co-op had a duty to respect the rights of its occupants under the Ontario Human Rights Code and to accommodate the needs of an occupant with a disability, to the point of undue hardship. Where the landlord is unable to immediately provide the ideal form of accommodation, other options such as phased-in, interim or alternative accommodation must be implemented by the landlord. The Ministry of Housing and Municipal Affairs says the province has introduced a number of measures to protect and support tenants. However, the Member could take into account the difficulty the tenant may experience in finding alternative wheelchair accessible accommodation, and thus delay enforcement of the eviction order pursuant to section Metropoulos , 20 C. When renting a place to live, the Code covers:. In Canadian Mental Health Association v. A Member considers such relief pursuant to section 83 of the RTA.

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Print: HTML: The Divisional Court found that the Tribunal had erred in evicting the tenant because the Member had failed to consider the tenant's disability pursuant to the Code. Designing inclusively and removing barriers People with disabilities face many kinds of barriers every day. These rules and bylaws, whether intentionally or not, will have an adverse impact on people with psychosocial disabilities who are more likely to use these types of housing. The Supreme Court of Canada has confirmed that an administrative tribunal such as the Board has authority to find that a provision of an Act does not apply if it conflicts with the Code 4. Feedback For webmasters. Save Higher Contrast Bigger Font. You are here Home » Discrimination based on disability and the duty to accommodate: Information for housing providers. The landlord willingly makes this change as it is not an undue hardship to do so. Accommodation must be provided in a manner that respects dignity and allows the party to participate in the Board's process. Organizational responsibility:. Subsection 17 2 of the Code also prescribes three considerations when assessing whether an accommodation would cause undue hardship. These are:. 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 landlord is seeking to evict the tenant simply because the tenant practices a particular religion.