Human Rights Code (Ontario)

The Grounds

The 16 grounds for housing are race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability and the receipt of public assistance.¹ A screening rule that uses one of these, directly or through a proxy, is the risk.

One narrow exception covers a unit in a home where the owner or the owner’s family lives and the occupant shares a bathroom or kitchen with them.¹

What It Means for Screening

Section 21(3) says using income information, credit checks, credit references, rental history and guarantees does not infringe the right, but only in the manner the regulation prescribes.¹ That regulation, O. Reg. 290/98, sets the list and conditions.² The Ontario Human Rights Commission reads it as a closed list: it “permits no other inquiries.”³

In practice, a rental application asks for credit consent, rental history and income, and leaves out questions that reveal a ground. See the rent-to-income ratio and guarantor entries for the two most common traps.

This page is general information about Ontario law, not legal advice.

Related Terms

• Rent-to-Income Ratio
• Guarantor
• OREA Rental Application (Form 410)
• Landlord Reference

Sources

1. Human Rights Code, R.S.O. 1990, c. H.19

   Government of Ontario, e-Laws, ss. 2(1), 21(1) and 21(3), consolidated from July 1, 2025. Accessed October 22, 2026.

2. O. Reg. 290/98: Business Practices Permissible to Landlords in Selecting Prospective Tenants for Residential Accommodation

   Government of Ontario, e-Laws, ss. 1 to 4, consolidated from March 8, 2018. Accessed October 22, 2026.

3. Policy on human rights and rental housing

   Ontario Human Rights Commission, Overview, Choosing tenants. Accessed October 22, 2026.