Frequently asked questions

Housing - Tenants and people looking for housing

• If I see a discriminatory ad for housing, can I file a complaint?

  This depends.

  A for-rent ad could be discriminatory if it excludes people on the basis of any of the 14 personal characteristics that are prohibited grounds for discrimination under the Charter, such as skin colour or being a single parent, a student or a newcomer.
  Learn more about the prohibited grounds for discrimination

  You can file a complaint if you are actively looking to rent a home and you see an offer that excludes you (prevents you from applying) on the basis of any of the Charter-prohibited grounds for discrimination.
  File a complaint

  You cannot file a complaint if you are not personally affected by the ad in question.

  • If you know someone who was directly affected by a discriminatory housing ad, suggest that they file a complaint with the Commission.
  • You can also take action by raising awareness with the property owner who posted the ad.

  For example, you can share the link to our For Rent Without Discrimination campaign or to pages 3 and 4 of our Landlord’s Handbook (French only) to make them aware of their obligations, including non discrimination in housing ads.

  
  

• For what reasons can someone refuse to rent to me?

  There are some legitimate reasons to refuse to rent someone a home. These are mainly related to your ability to pay the rent. The Tribunal administratif du logement, Québec’s housing authority, has more information on this.
  Tribunal administratif du logement

  To some extent, property owners can choose whom they want to rent to, but they do not have the right to discriminate. The right to housing equality is enshrined in the Charter. This means that no one can refuse to rent to you on the basis of any of the 14 prohibited grounds for discrimination that it contains.

  For example, no one can refuse to rent to you for the following reasons: 

  • your “race”, your colour or your ethnic or national origin
  • your religion
  • your age (as long as you are over 18)
  • having children or being a single parent (civil status is a prohibited ground for discrimination)
  • being pregnant (pregnancy is a prohibited ground for discrimination)
  • being a student (social condition is a prohibited ground for discrimination)
  • being on social assistance or being unemployed (social condition is a prohibited ground for discrimination)
  • having a disability or using a means to palliate a disability, such as a wheelchair or service dog
  • being female or male (sex is a prohibited ground for discrimination)
  • being gay, lesbian, or 2SLGBTQ+ (sexual orientation is a prohibited ground for discrimination)
  • being trans (gender identity or expression is a prohibited ground for discrimination)
  • not being cisgender (gender identity or expression is a prohibited ground for discrimination)
  •  your political convictions
  • your language.

  These are just some examples of personal characteristics that are Charter-prohibited grounds for discrimination.
  See all the prohibited grounds for discrimination

  If you believe you have experienced discrimination for any of these reasons, you can file a complaint with the Commission.
  File a complaint

• Can a landlord refuse to rent to me because I smoke?

  A landlord may specify in a lease that the rental home is non-smoking, without this being discriminatory. Although a non-smoking clause could constitute discrimination on the basis of disability, protection against second-hand smoke is recognized as an important societal objective that justifies this ban.

  Landlords may also specify that the smoking ban includes cannabis. If you smoke cannabis for medical reasons, then you can assert your right to smoke inside the dwelling, if doing so does not unduly affect the other residents. Medical cannabis is considered a means to palliate a disability. Discriminating against someone on the basis of a disability or the use of any means to palliate a disability is prohibited under the Charter of Human Rights and Freedoms.

  Learn more about medical cannabis (French only)

• Can someone refuse to rent to me because I've never been a tenant?

  No. The person renting you the apartment must offer you a way to demonstrate your payment habits or your ability to pay the rent.  For example, you could be asked for proof of income or regular payment of phone bills.

• Does the Charter allow credit checks?

  Although the law does not prohibit running a credit check, the Commission strongly discourages this practice. Credit checks are frequently used as an indirect way to discriminate against applicants, and they also provide more personal information that is typically required to sign a lease. The Commission has advocated for stricter regulation of credit checks, and to have them prohibited altogether in the context of housing, but they are currently still allowed by law. We suggest that you ask potential tenants to provide proof of income or regular payment of their bills instead.
  
  Landlord’s Handbook (French only)
  The For Rent Without Discrimination campaign

• What is the point of filing a complaint with the Commission if it will take several months to process it?

  Even if you did not get the home, there are still good reasons for filing a complaint: doing so is free and, if our investigation proves that discrimination took place, then the agreement or settlement will include compensation for the person who experienced the discrimination. It is also a way of making the property owner aware of their obligations toward future applicants.

  File a complaint

  
  

• Can I file a complaint even though I just arrived in Québec and am not a Canadian citizen?

  Anyone who is refused housing on the basis of a prohibited ground of discrimination can file a complaint with the Commission. This includes newcomers. The Charter also protects you from any kind of reprisals for filing a complaint. Your complaint is confidential and the Commission is independent from the government: filing a complaint has no impact on your immigration file or on any other educational, public or government files.