New Brunswick renting guide
Discrimination and your rights in New Brunswick
A landlord cannot refuse you, evict you, or treat you differently because of who you are. New Brunswick protects 16 grounds in housing, including race, religion, where you are from, family status, disability, and your source of income.
What can a landlord legally ask, and what counts as discrimination in New Brunswick?
For tenants
The Human Rights Act protects you in housing on grounds like race, colour, national or ethnic origin, where you are from, religion, age, sex, sexual orientation, gender identity, marital and family status, disability, and source of income. A landlord cannot refuse you, evict you, charge you more, or set different rules because of any of these. Even asking about your religion, your ethnicity, or whether you have kids can itself be discrimination, though asking about your income, credit, or rental history is fine. If this happens to you, you can complain to the NB Human Rights Commission. It is free and you have one year. Hateful comments or harassment about who you are can also be discrimination, even a single serious one. And your landlord has a duty to reasonably accommodate a disability, so a service or assistance animal must be allowed even with a no-pet rule, and a reasonable change like a ramp cannot be refused without proven undue hardship.
For landlords
Screen on the things that matter, the application, income, credit, and references. Do not ask about or act on a protected ground, such as race, religion, where someone is from, family status, disability, or source of income. It does not matter whether you meant any harm, what counts is the effect, and you are responsible for what your agents do. Ads like 'adults only' or 'working professionals' are discriminatory. You also cannot refuse a service or assistance animal, even with a no-pet policy, unless you can prove undue hardship.
The key facts
- Protected grounds
- 16, all apply to housing
- Covers
- Refusing, evicting, terms, harassment
- Asking about religion, origin, kids
- Can be discrimination
- Source of income
- Protected (social condition)
- Disability accommodation
- Required, up to undue hardship
- Complaint
- Human Rights Commission, free, 1 year
Common questions
My landlord says I cannot cook curry or I will have to leave. Is that allowed?
Singling you out over culturally specific cooking is very likely discrimination based on national or ethnic origin, which the Human Rights Act protects in housing. A landlord can apply a genuine, building-wide safety rule to everyone, but not a rule aimed at you. You can complain to the NB Human Rights Commission.
My landlord asked if I am Christian, then a month later gave me a notice to move out. What can I do?
That raises two problems. Asking about your religion and then evicting can be religious discrimination, and since 2022 a landlord cannot end a tenancy without giving a permitted reason. You have two routes, and you can use both: ask the Tenant and Landlord Relations Office to review the notice within 15 days, and file a free complaint with the NB Human Rights Commission.
My landlord will not rent to me, or harasses me, because I am gay or trans. Is that allowed?
No. Sexual orientation and gender identity are both protected in housing. A landlord cannot refuse you, evict you, or harass you over them, and even hateful comments can be discrimination. File a free complaint with the NB Human Rights Commission within a year, and if it is affecting your home, the Tenant and Landlord Relations Office can also step in.
I have a disability and need a change, like a ramp or my service animal. Can my landlord say no?
A landlord has a duty to reasonably accommodate a disability, and can only refuse if they can prove real undue hardship, not just cost or inconvenience. A service or assistance animal must be allowed even with a no-pet rule. If your landlord refuses a reasonable accommodation, you can complain to the NB Human Rights Commission.
Can a landlord refuse me because I am on assistance?
No. Source of income is protected under social condition, so a landlord cannot turn you down only because you get social assistance or other benefits. You can complain to the NB Human Rights Commission.
Sources
- New Brunswick Human Rights Commission
- NB Human Rights Commission: Housing guideline
- PLEIS-NB: Landlord & Tenant
This is general information, not legal advice. For a decision on your situation, contact Tenant and Landlord Relations Office (formerly the Residential Tenancies Tribunal).
Have a specific question? Ask the rental assistant for a plain answer with a source.
