Housing
Having appropriate housing is fundamental to success in many other areas of life. It is extremely difficult to move forward with plans for employment, education, or with social connection when a person does not have stable housing.
What legal rights do I have when it comes to housing in Nova Scotia?
- You have the right to equal treatment in housing where you live or want to live without discrimination because of your disability. Your right to equal treatment applies to:
- the process of looking for housing;
- the rules and procedures related to your housing;
- the general enjoyment and use of your unit and premises;
- the maintenance and repairs of your unit and premises; and,
- the services and facilities related to your housing.
- You have the right to receive accommodations for your disability from housing providers up to the point of undue hardship.
- You cannot be denied occupancy of a self-contained dwelling unit (e.g. apartment rental, condominium, basement apartment, etc.) because you are accompanied by a guide dog, nor can you be discriminated against with respect to the terms/ conditions of the occupancy (e.g. charging additional fees).
Duty to Accommodate & Undue Hardship
A housing provider’s “duty to accommodate” means that they are legally required to provide you with the support you need to equally access and enjoy your living space and common areas, like anyone else. Accommodations are changes or extra services that allow a person to participate more fully in housing. For example, large print for a description of an apartment, braille numbering on the elevator buttons, or other types of assistive technology. However, the duty to accommodate has a limit and this limit is called “undue hardship”.
“Undue hardship” is a legal term. It means that if a housing provider can show that it is very difficult for them to provide you with a certain type of accommodation, then they don’t have to provide it. The determination of whether an accommodation will cause undue hardship depends on many factors, such as the cost of the accommodation, the impact on other residents, health and safety considerations and other relevant factors.
Where do my legal rights come from?
Your legal rights come from a variety of different laws, including:
- The Nova Scotia Human Rights Act prohibits discrimination based on disability in most areas of public life, including housing.
- The Residential Tenancies Act governs the relationship between tenants and landlords and addresses issues including:
- Terms and conditions of leases
- Providing notice to end or renew a lease;
- Circumstances when a landlord can keep the damage deposit;
- Subletting and transferring a lease; and,
- The framework for how to resolve tenancy disputes.
- The Blind Persons’ Rights Act establishes rights related to the use of a guide dog and enables the police to charge service providers (including landlords) who violate those rights. The Service Dog Act also protects against discrimination based on the use of a service dog.