Ontario Fair Housing Act: An Overview

Key Takeaways

• Fair housing compliance starts with the Ontario Human Rights Code. Landlords cannot discriminate against tenants or applicants based on protected characteristics such as race, disability, family status, religion, age, or receipt of public assistance.

• Every stage of the rental process is covered. From advertising and tenant screening to maintenance, accommodations, and evictions, fair housing rules apply throughout the entire landlord-tenant relationship.

• Consistent, objective practices reduce legal risk. Using fair screening criteria, avoiding discriminatory language, and accommodating tenants where required can help landlords stay compliant and protect their investment.

Owning a rental property in Ottawa comes with real rewards and real responsibilities. One of the most important, and most frequently misunderstood, is your obligation under Ontario’s fair housing laws. 

Whether you’re a seasoned investor managing multiple units across Westboro and the Glebe, or a first-time landlord renting out a basement suite in Centretown, these rental laws apply to you and getting them wrong can be costly.

The good news is that compliance is straightforward once you understand the framework. At E & S Property Management, we’ve been helping Ottawa property owners navigate exactly this kind of legislation for over 40 years. Consider this your plain-language guide to fair housing in Ontario.

The Foundation: Ontario’s Human Rights Code

Fair housing in Ontario doesn’t come from a single piece of legislation called the ‘Fair Housing Act,’ rather, the protection flows primarily from the Ontario Human Rights Code, which was first enacted in 1962. 

It was a landmark piece of legislation that established, for the first time, that housing is a fundamental right, not a privilege extended at the landlord’s discretion.

Over the decades, the Code has been amended and expanded to reflect an evolving understanding of equality. What began as protections against racial and religious discrimination has grown into a comprehensive framework covering a wide range of personal characteristics. 

Today, the Ontario Human Rights Commission (OHRC) is the agency responsible for overseeing and enforcing these protections across the province.

Who Is Protected? The Full List of Grounds

As a landlord in Ontario, you are prohibited from discriminating against a tenant or rental applicant based on any of the following protected characteristics:

• Race, colour, or ethnic background
• Religion or religious practices
• Ancestry and place of origin
• Citizenship status, including refugee status
• Gender, gender identity, or pregnancy status
• Sexual orientation
• Marital status, including same-sex partnerships
• Familial status (having or expecting children)
• Disability — physical or mental
• Age (with specific protections for those 16 and 17 who live independently)
• Receipt of public assistance

It is worth noting that these protections are not limited to the tenant applicant themselves. If a person is discriminated against because of their association or relationship with someone who holds one of these characteristics, that too is considered a violation of the Code.

Important: Violations of the Ontario Human Rights Code can result in monetary fines, compensatory damages, and punitive damages. The reputational damage to your rental business can be equally significant and harder to recover from.

Where These Protections Apply

The protections under the Ontario Human Rights Code apply across virtually every aspect of the landlord-tenant relationship. This includes:

• How you market and advertise your rental unit
• The tenant screening and selection process
• The terms and conditions outlined in your lease
• How and when you respond to maintenance and repair requests
• The rules governing use of common areas and amenities
• The eviction process and the grounds on which you apply for it
• Your overall conduct toward tenants throughout the tenancy

This is a broad scope by design. The law recognizes that discrimination can occur in subtle, indirect ways, not just in the blunt refusal to rent. A landlord who consistently delays maintenance requests for certain tenants, or who enforces lease rules selectively, may be found in violation of the Code even if they never explicitly refuse to rent to anyone.

What You Can and Cannot Do: A Practical Breakdown

Advertising Your Property

Your listing language matters. Phrases like “ideal for a professional couple,” “no children,” or “working individuals preferred” are red flags, and in many cases, outright violations of the Code. Language that implies a preference for or against any protected class is prohibited, even if unintentional.

What to do instead: Describe the property accurately: its size, features, location, and rental terms. Let the unit speak for itself.

Screening and Selecting Tenants

Tenant screening is one of the most legally sensitive areas of property management. You absolutely have the right — and a legitimate business reason — to assess a prospective tenant’s ability to pay rent reliably. The Code permits you to ask for:

• Rental history and references from past landlords
• Credit checks and credit references
• Income or employment information to establish ability to pay

However, the way you use this information matters. A hard income-to-rent ratio (such as requiring that rent not exceed 30% of gross income) is not permitted as a standalone disqualifier under the Code.

Ensure that you are also treating tenants fairly when handling rent deposits or going through the eviction process.

Income must be weighed alongside other factors — rental history, credit, and references — not used as a screening gate on its own. This is particularly relevant given Ottawa’s diverse rental population, which includes government employees, students, newcomers to Canada, and individuals receiving public assistance.

Similarly, a lack of rental or credit history should not automatically disqualify an applicant. Many first-time renters fall into this category. Consider whether alternative references or documentation can paint an accurate picture.

One more nuance worth flagging: if you require a guarantor, you must apply that requirement consistently across all applicants, not only to specific groups such as recent immigrants or those receiving social assistance.

Reasonable Accommodation

Landlords in Ontario have a legal duty to accommodate tenants with disabilities up to the point of undue hardship. In practical terms, this can mean several things:

• Allowing service or support animals even if your unit has a strict no-pets policy
• Adjusting when rent is due to align with when a tenant receives public assistance income
• Making physical modifications to the unit or common areas — such as ramps, accessible parking, or modified door hardware where reasonably possible 

The threshold for “undue hardship” considers factors such as cost, outside sources of funding, and health and safety requirements. When in doubt, it’s best to explore accommodation options genuinely rather than refuse outright.

Bottom Line

At E & S Property Management, fair housing compliance is built into every service we offer. When we market your property, screen your tenants, draft your lease, and manage your ongoing landlord-tenant relationship, we do so with the Ontario Human Rights Code in mind at every step.

With more than 40 years of experience in Ottawa’s rental market, we’ve built the processes, the documentation habits, and the contractor and vendor relationships to keep your property running smoothly and your exposure to legal risk low.

Questions about fair housing obligations, tenant screening best practices, or any other aspect of Ottawa property management? We’re always happy to talk.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.