What Are the Protected Grounds?
Section 2(1) of the Code gives every person equal treatment in the occupancy of accommodation without discrimination on sixteen grounds.1 Several are defined more broadly than their names suggest:
| Ground | What it covers |
|---|---|
| Age | Anyone 18 or older; sixteen and seventeen year olds who have withdrawn from parental control are also protected, and their leases are enforceable1 |
| Family status | Being in a parent and child relationship, so having children or caring for a parent1 |
| Marital status | Married, single, widowed, divorced, separated, or living with someone in a conjugal relationship outside marriage1 |
| Receipt of public assistance | In the OHRC’s reading, Ontario Works, ODSP, OSAP, Old Age Security and Employment Insurance, among others7 |
| Sex | Includes pregnancy1 |
| Disability | Physical and mental conditions, including past disabilities and ones a landlord believes the person has1 |
| Citizenship and place of origin | Includes refugee status, in the OHRC’s reading6 |
The Code also protects people because of their relationship or association with someone identified by a ground, such as a friend or relative.2 A criminal record is not a ground in housing, but the OHRC notes the Code and its regulation neither permit nor prohibit criminal record checks, so a blanket check can still have an adverse effect on a protected group.8
How Discrimination Happens Without Intent
Most complaints don’t involve an openly stated preference. Three provisions do the work:
- Directly or indirectly. No person may infringe a Code right directly or indirectly, which includes acting through someone else.2
- Constructive discrimination. A neutral requirement that excludes a group identified by a ground infringes the Code unless it is reasonable and bona fide, which requires showing the group can’t be accommodated without undue hardship.2
- Announced intention. Publishing a notice or sign that indicates an intention to discriminate is itself an infringement.2
The permitted tools are listed in O. Reg. 290/98: credit references, rental history and authorization for a credit check; income information, but only alongside those and read together with them; a guarantee for the rent; and a rent deposit within the Residential Tenancies Act limits.5 The OHRC says the regulation permits no other inquiries.6 Even permitted tools become a problem when applied only to some applicants, such as a deposit asked of one person and not another.8
Risky Questions and Ads
The OHRC’s rental housing policy gives specific examples. Each row below comes from that policy.
| What appears | Why it is risky | Safer approach |
|---|---|---|
| “Adults only”, “adult lifestyle”, “not suitable for children” | Excludes families with children8 | Describe the unit, not the household you want |
| “Professionals only”, “working people only”, “suits a working person” | Signals that people on social assistance or unable to work because of a disability need not apply8 | State the rent and the screening steps |
| “Suitable for a single person or couple” | Listed by the OHRC as inappropriate advertising8 | State the number of bedrooms and any legal occupancy limit |
| Ages of household members on the form | Found by the Human Rights Tribunal of Ontario to be prima facie discrimination on family status8 | Leave it off; if there is a real need, ask after approval8 |
| “Source of income” or “place of employment” | Can reveal social assistance or a disability8 | Ask for income and verify it, alongside credit and rental history5 |
| Required employment history | Nothing in the regulation permits it, and it disadvantages several groups8 | Confirm current income instead |
| Guarantor or larger deposit only for newcomers or people on assistance | Singles out a protected group6 | Apply the same requirement to every applicant |
Phrases like “quiet building” or “geared to young professionals” are not automatically unlawful, but the OHRC says that paired with refusing a family with children, they can show family status played a role.8
Families and Age
The OHRC describes a long history of families with children being turned away from housing, which the Code treats as family status discrimination.7 Occupancy rules are the usual trap. A landlord doesn’t have to permit overcrowding, but a cap on occupants must relate to legitimate health and safety requirements; a rule such as “three bedrooms only for two parents and two children” has been found discriminatory.8
On age, a minimum of 18 is not a safe screen, because sixteen and seventeen year olds who have left parental control are protected.1 The main exception is section 15: preferential treatment for people 65 or older is allowed, which is why housing limited to older adults can be lawful.3
Receipt of Public Assistance
Receipt of public assistance is a ground in housing specifically.1 The OHRC says many housing providers don’t know it, and that ads for “professionals” or “working people only” are a common result.7
You can still assess whether an applicant can pay. Income information may be used to confirm the applicant has enough to cover the rent, read together with credit and rental history; a fixed rent-to-income cut-off such as 30% is, in the OHRC’s words, illegal.6,5 A landlord also can’t demand that rent be paid directly by a social assistance office simply because the applicant receives assistance.8 The page on rent-to-income ratios in Ontario covers the income rule in detail.
When the Code Allows an Exception
Three narrow exceptions matter in residential leasing:
- Shared facilities. The housing right is not infringed where the unit is in a dwelling where the owner or the owner’s family live and the occupant must share a bathroom or kitchen with them.3
- Single-sex buildings. Restricting a building to one sex is allowed if all units other than the owner’s are restricted the same way.3
- Special programs. Programs designed to relieve hardship or help disadvantaged groups, such as housing for people with disabilities, are allowed.3
The shared-facilities exception turns on the occupant being required to share a bathroom or kitchen with the owner or the owner’s family, so a unit that doesn’t require that sharing is not covered by its wording. Ask a lawyer before relying on it.3
What a REALTOR® Should Do If a Landlord Asks for Something Improper
Say no, explain why, and offer a lawful alternative. The TRESA Code of Ethics says a registrant, in carrying on business, shall not treat any person in a manner that would contravene the Human Rights Code, and shall not counsel, advise or knowingly assist a person to contravene the Act, its regulations or any other law that is applicable to a trade in real estate or relevant to the registrant’s business.10 Following a client’s instruction is not a defence: the Code catches indirect infringement, and the OHRC gives the example of a manager named in a claim for having a superintendent turn away applicants.2,9
- Tell the landlord in writing which request you can’t carry out, for example “no kids” or “no ODSP”, and name the ground.1
- Offer the permitted criteria instead: credit, rental history, verified income read alongside them, and a guarantor or deposit asked of every applicant.5
- Keep the listing wording neutral and remove anything the OHRC lists as discriminatory advertising.8
- Record which applicants applied, what each was asked, and why the chosen applicant was selected, in terms of those criteria.8
- Involve your broker of record. The brokerage must ensure every salesperson and broker it employs complies with the Code of Ethics.10
- If the landlord insists, decline to act on that instruction. Corporations, including brokerages, are deemed responsible for acts their employees and agents do in the course of their work.4
An applicant who believes they were refused on a Code ground can apply to the Human Rights Tribunal of Ontario, generally within one year of the incident.4 For the full list of what a form may ask, see what a landlord can ask on a rental application.
This page is general information about Ontario law, not legal advice. Where a situation turns on its facts, get advice from a lawyer, a community legal clinic or the Human Rights Legal Support Centre.
Questions
Can a Landlord Refuse a Tenant on ODSP or Ontario Works?
Not because of it. Receipt of public assistance is a protected ground in housing. A landlord can confirm the applicant has enough income to cover the rent, read alongside credit and rental history, but cannot apply a fixed income ratio.1,6
Can a Landlord Advertise “Adults Only” in Ontario?
No. The OHRC lists “adults only”, “adult lifestyle” and “not suitable for children” as discriminatory advertising, and publishing a notice that signals an intention to discriminate is itself a Code infringement.8,2
Can a Landlord Ask How Many Children an Applicant Has?
It is risky. The Human Rights Tribunal of Ontario has found asking ages to be prima facie family status discrimination. The OHRC says a landlord with a real need for the information should ask after the application is approved.8
Does the Human Rights Code Apply If I Rent a Room in My Home?
Not to the housing right, if the tenant shares a bathroom or kitchen with you or your family in the dwelling where you live. A self-contained unit in the same house is covered.3
Sources
- Human Rights Code, R.S.O. 1990, c. H.19
Government of Ontario, e-Laws, ss. 2(1), 4(1) and (2), 10(1) to (3), consolidated from July 1, 2025. Accessed October 22, 2026.
- Human Rights Code, R.S.O. 1990, c. H.19
Government of Ontario, e-Laws, ss. 9, 11(1) and (2), 12 and 13(1). Accessed October 22, 2026.
- Human Rights Code, R.S.O. 1990, c. H.19
Government of Ontario, e-Laws, ss. 14(1), 15, 21(1) and 21(2). Accessed October 22, 2026.
- Human Rights Code, R.S.O. 1990, c. H.19
Government of Ontario, e-Laws, ss. 34(1) and 46.3(1). Accessed October 22, 2026.
- O. Reg. 290/98: Business Practices Permissible to Landlords in Selecting Prospective Tenants for Residential Accommodation
Government of Ontario, e-Laws, ss. 1, 2 and 4. Accessed October 22, 2026.
- Policy on human rights and rental housing
Ontario Human Rights Commission, Overview: Housing is a human right; Choosing tenants. Accessed October 22, 2026.
- Policy on human rights and rental housing, III. The Ontario Human Rights Code
Ontario Human Rights Commission, 2.5 Family status; 2.9 Receipt of public assistance. Accessed October 22, 2026.
- Policy on human rights and rental housing, V. Identifying discrimination in rental housing
Ontario Human Rights Commission, ss. 4.1.1, 4.1.2.1, 4.2, 4.2.3, 4.2.8, 4.2.9 and 4.3.3.1. Accessed October 22, 2026.
- Policy on human rights and rental housing, IX. Organizational responsibility
Ontario Human Rights Commission, Building manager and superintendent example; vicarious liability. Accessed October 22, 2026.
- O. Reg. 365/22: Code of Ethics (Trust in Real Estate Services Act, 2002)
Government of Ontario, e-Laws, ss. 3, 6 and 16, consolidated from December 1, 2023. Accessed October 22, 2026.
