Human Rights in BC Rentals: Who a Landlord Cannot Refuse

Under BC's Human Rights Code, landlord discrimination in renting is against the law: section 10 says a landlord must not refuse to rent advertised space, or set worse terms, because of a person's race, family status, disability, lawful source of income or 10 other protected grounds. This BC landlord discrimination human rights code guide covers those grounds, the few exceptions, and complaints.

What does section 10 of the Human Rights Code say?

It says a person must not deny someone the right to occupy, as a tenant, space that is represented as available for rent, or discriminate against them about a term or condition of the tenancy, because of a protected characteristic of that person or of anyone else, according to the Human Rights Code. The "anyone else" matters: a landlord cannot refuse an applicant because of who their partner or child is.

Lawful source of income is protected in tenancy only. The BC Human Rights Tribunal's tenancy page gives the example of a tenant on long-term disability benefits, and of a couple refused a rental because they have a child.

When does section 10 not apply?

Only in the narrow situations in section 10(2):

1. Shared facilities. The space will be shared with the person offering it, who uses the same sleeping, bathroom or cooking facilities. A homeowner renting a room in their own home with a shared kitchen is the classic case; see shared accommodation in BC.
2. 55-plus buildings. For family status and age only, where every unit in the building is reserved for people aged 55 or older (or households with at least one such person), or a prescribed class of premises.
3. Units for people with disabilities. For disability only, where a unit and its building are designed for people with disabilities and offered only to them, under the conditions the section sets.

Outside these, the grounds apply to every rental, including a basement suite with its own kitchen.

What about rental ads?

Section 7 bars publishing or displaying any statement, notice or sign that indicates discrimination or an intention to discriminate. "Adults only," "no EI or welfare" or "suits a professional couple" in a listing can be evidence on its own. Note that section 7's list of grounds does not name lawful source of income, but refusing a tenant for it still breaches section 10, so an ad that announces the refusal is a risk.

What else does a landlord owe tenants?

The Tribunal's tenancy page lists what counts as a negative effect: refusing advertised space, worse terms, eviction, and harassment that interferes with a tenant's quiet enjoyment. It also says landlords have a duty to accommodate a tenant's protected needs up to the point of undue hardship, and may need to act when other tenants harass someone on a protected ground.

Section 44(2) of the Code treats what an employee or agent does within their authority as done by the landlord, so a property manager's or building manager's conduct is the owner's responsibility too. Section 43 bars evicting or penalizing anyone for complaining, or for helping with a complaint.

How does a tenant make a complaint?

A complaint goes to the BC Human Rights Tribunal, not the Residential Tenancy Branch. Section 22 says it must be filed within one year of the alleged contravention, or of the last instance if the conduct continued. The Tribunal may accept a late complaint if it is in the public interest and no one is substantially prejudiced by the delay. Ordinary tenancy disputes, such as repairs or deposits, still go to the RTB; see filing with the RTB, and tenant rights in BC for the rest of a tenant's protections.

Common mistakes

1. "No children" in an ad or a building rule. Family status is protected outside 55-plus buildings.
2. Turning down benefit income. Lawful source of income is protected in tenancy.
3. Different deposits or rules for some tenants. Terms and conditions are covered as well as refusals.
4. Treating a suite as "shared". The exception needs shared sleeping, bathroom or cooking facilities.
5. Retaliating after a complaint. Section 43 makes that a separate breach.

How Tenon10 helps

Tenon10 creates the BC tenancy agreement, so every tenant gets the same written terms. It also runs move-in and move-out inspection reports, tracks deposits and their return dates, and sends rent reminders. See how to create a BC tenancy agreement in Tenon10.

Frequently asked questions

Can a BC landlord refuse a family with children?

No, except in a building where every unit is reserved for people 55 and over, or where the family would share a kitchen, bathroom or sleeping space with the landlord.

Can I ask about income?

You can assess whether an applicant can pay the rent, but not refuse them because of where lawful income comes from, such as a pension, benefit or assistance.

Does the Code protect people under 19?

The Code defines "age" as 19 or more, so age protection starts at 19. Family status still protects households with children.

How long does a tenant have to file?

One year from the alleged contravention, or from the last instance of continuing conduct. A late complaint can be accepted in limited cases.

Does the RTB hear discrimination complaints?

No. Human rights complaints go to the BC Human Rights Tribunal.

The test for a landlord is simple to state: choose tenants on the rental, the rent and the application, never on who the person is. Write it down and apply it the same way every time.

Related BC guides

• The BC Residential Tenancy Agreement (RTB-1)
• Rental Property Management in BC: BCFSA Licensing
• Free BC landlord and tenant forms