Landlord convicted of racial discrimination after refusing to rent an apartment
Montréal, March 4th 2013 – The Québec Human Rights Tribunal has found a Montréal area woman guilty of racial discrimination for refusing to rent an apartment to a Black man. Following a complaint with the Commission des droits de la personne et des droits de la jeunesse, the landlord was sentenced to pay $4,000 to the man, originally from Haïti, for injury to his dignity and discrimination based on race or colour, rights protected by the Québec Charter of Human Rights and Freedoms.
The Tribunal accepted the complainant’s testimony that the landlord’s mother, who was in charge of renting the apartment, had answered the door on the day of the visit. When she saw him with his spouse, the woman told them that the apartment was already rented, which turned out to be false. Following their visit, the man’s daughter phoned the landlord and was told the apartment was still available. The man then filed a discrimination complaint with the Commission. The landlord attempted to dissociate herself from the discrimination charge by suggesting that her mother’s words were misinterpreted and misunderstood.
The complainant testified he felt “humiliated” and not “treated as a person” following this event which affected him deeply. In its decision issued on February 25, 2013, the Tribunal rejected the landlord’s arguments, stating that the mother had acted in bad faith by refusing to let the man visit the apartment and that “in light of the evidence heard, the Tribunal concludes that the violation was unlawful and intentional.” The landlord was sentenced to pay the complainant $3,000 in moral damages and $1,000 in punitive damages.
Right to housing without discrimination
In Québec, discrimination is illegal in the area of housing as the Charter prohibits distinctions based on one or more personal characteristics (race or colour for example). The president of the Commission, Gaétan Cousineau, said he was pleased with the outcome of the case which demonstrates that the Commission’s work yields results.
“The complainant’s testimony sheds more light on the often difficult experiences of certain individuals who face discrimination. For this man, it was it was one time too many,” he said. “This man took the right steps ensure that his rights are respected by turning to the Commission. We hope landlords and their representatives will understand that all forms of discrimination are prohibited.”
Mr. Cousineau also said that it is important to remain vigilant at this time of year as many tenants are renewing their leases and searching for apartments throughout Québec. If someone believes that he or she is a victim of discrimination, they should document their case and contact the Commission.
During the 2011-2012 fiscal year, the Commission received a total of 104 discrimination complaints in the area of housing which included 33 (the largest amount) based on race or colour; 31 on ethnic or national origin; and 16 on social condition.
See the document Right to Housing Without Discrimination on the Commission’s website: www.cdpdj.qc.ca.
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Contact:
Jean-François Gagnon
514 873-5146 or 1 800 361-6477 ext. 230
jean-francois.gagnon@cdpdj.qc.ca
