This summary report is a short version of a longer, more comprehensive report. Both of these reports have been prepared based on a province-wide consultation on rental housing and human rights by the Ontario Human Rights Commission (the Commission).
A key goal of these reports is to help people and organizations across Ontario better understand human rights in rental housing. Housing providers, governments and others need to feel “right at home” in understanding what obligations exist and how to fulfill them. Tenants also need to feel “right at home” in being able to access and live in rental housing that is free from discrimination. As the recommendations and commitments in the “Framework for action” show, we all have a role to play in understanding and eliminating housing discrimination in our province.
The Commission recognizes that many landlords and housing providers across Ontario take their human rights obligations seriously and that a large percentage of tenants have decent housing. However, in this consultation, the Commission heard about the situations faced by tenants experiencing discrimination and systemic barriers in accessing and maintaining adequate and affordable housing. For refugees, immigrants, transgendered people, lone mothers, Aboriginal people, people with mental illnesses or other disabilities, and other people protected under the Ontario Human Rights Code (Code), the human rights dimensions of the housing crisis are undeniable.
The Commission heard about a range of discriminatory situations experienced by the most vulnerable of Ontario’s tenants. For example, many people raised concerns about discriminatory advertisements for “adult only” buildings or tenants who are working.
Tenants and their advocates spoke at length about the discriminatory impacts of commonly used screening criteria and requirements such as credit checks, guarantors, rent deposits, employment verification and income requirements. Housing providers and tenants described significant challenges relating to the duty to accommodate in rental housing, particularly in relation to mental illness.
Yet, human rights claims raising these kinds of issues, and those of a more systemic nature, are rarely filed and the rights that already exist under the Code are largely not enforced. This creates a situation in which housing providers, government and other responsible parties may be unaware of their obligations and the extent to which they may be failing to fulfill them.
This reality needs to be replaced by a housing sector in which human rights are known by tenants, housing providers, governments and other responsible parties. There also needs to be effective enforcement to make sure that the rights of tenants protected under the Code have meaning. Clearly identifying expectations through consistent enforcement also benefits parties responsible for complying with the Code.
In previous consultations, the Commission heard about the impacts of inadequate housing options and the dearth of adequate affordable housing for older Ontarians and families. These issues continue to exist. In this consultation, the Commission also heard more broadly about the impacts of current problems in the housing sector on people who are racialized, have disabilities such as mental illnesses and others. The lack of coordinated actions on behalf of all levels of government to eliminate homelessness and to provide sufficient levels of adequate and affordable housing to meet the needs of Code-protected groups and individuals was a concern for many. Housing strategies aimed at addressing homelessness and increasing access to affordable housing in Ontario must be consistent with international human rights obligations, the Code and applicable human rights principles.
A key theme in this consultation was the link between poverty, Code grounds such as disability or race, and homelessness. Consultees spoke about how the rates of public assistance and the minimum wage have not kept pace with average rents across the province. As a result, a substantial group of Code-protected people with low incomes due to social assistance, minimum wage rates or part-time work are vulnerable to being under-housed or excluded from the rental market. Measures must be put in place to make sure that low-income Ontarians are able to afford average rents, food and other basic necessities.
Consultees spoke about systemic problems in the housing sector such as a need for inclusive design and barrier removal relating to both physical structures and policies or programs. In practical terms, the Commission heard that the human rights of protected groups may be compromised when decisions have to be made about who should get access to a limited but precious resource – affordable, adequate housing – whether in the private rental market or in social housing. For example, there are human rights impacts associated with decision-making and priority setting around chronological waiting lists for subsidized housing. There was some agreement between housing providers and tenant advocates that a shift to widespread availability of portable housing allowances is a potential solution worth exploring.
The Commission also heard much about the prevalence of discriminatory Not-In-My-Back-Yard (NIMBY) opposition to affordable or supportive housing projects, and the impact of this on tenants, housing providers and society as a whole. People with disabilities including mental illnesses, young parents and other persons protected under the Code may be exposed to discriminatory comments or conduct both during the planning process and once the housing is built. In many cases, NIMBYism prevents, delays or increases the costs of developing much needed housing for Code-protected groups and individuals. It is time that a comprehensive strategy be developed to make sure that discriminatory NIMBYism does not hinder the creation of affordable housing for Code-protected people.
Protecting the human rights of vulnerable Ontarians requires a radically different response to the issues of discrimination identified in the Commission’s consultation report, and the reports of numerous international bodies. We must all bring housing human rights into our homes, apartment buildings, property management offices, government offices, tribunals and commissions, and most importantly, into our collective awareness. This framework suggests concrete action to address the human rights issues identified in the consultation and in numerous reports on housing.
This is not an exhaustive list of actions. Rather, the purpose of the Commission’s recommendations is to identify areas in which key stakeholders can demonstrate a commitment to tackling the human rights issues raised and take some first steps to do so. A critical element of this framework for action is the recognition that we must all work together, through partnerships and creative solutions, to make the substantive and long-lasting changes that are warranted.
Housing is an internationally protected right. This understanding should inform our approaches, actions and ways in which we evaluate the effectiveness of any measures implemented to improve access to housing for Code-protected individuals and groups in Ontario. It is also important to recognize the link between poverty and human rights violations in housing. Concrete steps must be taken to ensure an adequate standard of living and access to housing for low-income groups and individuals protected under the Code.
Given the continued existence of human rights impacts of the provincial housing system, a key priority is for government to make a coordinated effort to review availability of, and access to, adequate and affordable housing from a human rights perspective. As the Special Rapporteur on affordable housing noted in his March 2008 statement, “As a very wealthy country, with significant surplus in the federal budget, immediate attention is required for the most vulnerable part of the population living in inadequate housing and living conditions. There is no justification for not massively engaging in the improvement of the situation of all those that face inadequate housing and living conditions throughout Canada.”
Housing in Canada is administered through a complex set of relationships, agreements and responsibilities allocated between the various layers of government – federal, provincial or territorial, and municipal. For example, municipalities run shelters and decide whether, and on what terms, to approve supportive housing projects and other forms of affordable housing such as rooming houses and second units. The provincial government, and the Ministry of Municipal Affairs and Housing (MMAH), have primary responsibility for housing in the province, for providing funding to municipalities and for taking steps to give effect to human rights in housing in the province. At the same time, the policies, programs and funding provided by the federal government, and federal agencies such as the Canada Mortgage and Housing Corporation, shape the reality of human rights in the province and across the country.
While recognizing the difficulties posed by shared jurisdiction, the Special Rapporteur has noted that the state, whether federal or provincial, municipality or other authorities, is still required to devise strategies to ensure the implementation of the right to adequate housing.
In this consultation, the Commission heard about situations in which the decisions and processes of decision-makers, including the Landlord and Tenant Board and social housing service managers, may not be fully consistent with the Code. For example, concerns about applying the duty to accommodate were raised by many consultees. Housing providers, tribunals, government and others responsible for making housing decisions can plan to meet accommodation needs by proactively putting in place accommodation policies and procedures and informing themselves about the primacy of the Code and the duty to accommodate to the point of undue hardship.
The barriers created by NIMBY opposition cannot be overcome by any one stakeholder in isolation. The committed involvement of housing providers and developers, municipalities, municipal affordable housing committees and committees of adjustment, and other levels of government is necessary to eliminate these kinds of barriers to creating new and affordable housing. Neighbourhood groups, local business associations and homeowners in communities across Ontario must also be aware that it is not acceptable to oppose affordable housing developments, just because of who will live in them, when the intended residents are people protected under the Code.
In the consultation, the Commission heard about problems arising from chronological waiting lists for social housing, and disparities in applying the duty to accommodate by service managers when exercising discretion to extend timelines for reporting requirements. While social housing providers are constrained in some regards by government funding, legislation and other requirements, there are still opportunities for social housing providers to be part of the solution to the human rights issues identified in this consultation.
Consultees indicated that discriminatory practices, such as tenant screening using rent-to-income criteria and challenges in applying the duty to accommodate, exist in the private rental housing sector. Landlords, property managers and housing provider associations need to know about their obligations and have the support they need to be able to fulfill them.
As the Commission heard in this consultation, there are circumstances in which the withdrawal of support services by a support service provider can result in the loss of housing for a person protected under the Code. In such situations, service providers may also have their own duties under section 2 of the Code.
Throughout the consultation, there was broad consensus that there was a lack of awareness of the Code and its application in rental housing. Tenant organizations and human rights advocates also play an important role in addressing this.
During this consultation, the Commission was repeatedly reminded of its important function in advancing human rights policy, engaging in strategic initiatives (such as inquiries or litigation) to address systemic discrimination, and in raising public awareness of human rights and rental housing. The Commission takes these responsibilities seriously given the international protections of the right to housing and the fact that housing is essential to ensuring dignity, inclusion and full participation for all.