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Code Grounds /

Receipt of public assistance

In housing, the Code protects tenants against discrimination based on receipt of public assistance. “Public assistance” – more commonly referred to as social assistance – includes Ontario Works, OSAP, ODSP, Old Age Security, Employment Insurance, etc.

Some housing providers have negative attitudes towards people who are poor. They may take several steps that could contravene the Code, such as:

  • screen out prospective tenants based on stereotypes about poverty and poor people
  • impose illegal rental criteria (such as security deposits)
  • provide substandard housing-related services
  • harass tenants
  • be more quick to try to evict.

be more quick to try to evict.

In housing, the Code protects tenants against discrimination based on receipt of public assistance. “Public assistance” – more commonly referred to as social assistance – includes Ontario Works, OSAP, ODSP, Old Age Security, Employment Insurance, etc.

Some housing providers have negative attitudes towards people who are poor. They may take several steps that could contravene the Code, such as:

  • screen out prospective tenants based on stereotypes about poverty and poor people
  • impose illegal rental criteria (such as security deposits)
  • provide substandard housing-related services
  • harass tenants
  • be more quick to try to evict.

be more quick to try to evict.

Ontario is facing a homelessness crisis that is leading to profound and devastating impacts on our communities. As the crisis continues into the winter season, the OHRC echoes concerns raised by local public health units, health care workers, faith leaders and advocates about the significant lack of cold weather services in Toronto, and across the province, for people experiencing homelessness.
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Ontario is facing a homelessness crisis that is causing deep and devastating impacts on our communities. Informal encampments and forced evictions are a stark example of this crisis. Solutions to homelessness and informal encampments must be grounded in human rights-based approaches and delivered with respect and compassion. 
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In developing rent-to-own arrangement programs, it will be crucial to focus on the important social role of homes as recognized through the Code’s specific protections against discrimination in accommodation. Every effort made to create innovative pathways to homeownership must be exercised without discrimination.3 Rent-to-own arrangements present a powerful tool to address decades of discrimination in accommodation that have prevented Code-protected groups from building generational wealth.
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The OHRC is supportive of the Ministry of Municipal Affairs and Housing’s (MMAH) efforts to standardize rules for inclusionary zoning, and strongly encourages MMAH to take a human rights-based approach to this work. The OHRC believes this is an opportunity to strengthen inclusionary zoning to increase access to permanent affordable housing, especially for vulnerable tenants who generally are protected by the Code. As a result, the OHRC recommends there would not be any change that weakens the rules that govern inclusionary zoning.
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The OHRC has launched Poverty POV (Point of View), to engage with the public, through a survey, key informant discussions and other steps, on their lived experiences with poverty, including homelessness, and mental health and addictions. 
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The OHRC welcomes the government’s effort to address the housing crisis. As the government moves to implement More Homes Built Faster, it is vital to take a human rights-based approach to housing law, policies, programs and bylaws. This includes Ontario’s obligations under the Human Rights Code (Code) and recognition of the right to housing as affirmed in the National Housing Strategy Act. 
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Over the coming months, the OHRC will undertake a consultation related to poverty with a specific focus on affordable, adequate and accessible housing and mental health and addiction disabilities.
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I am writing today to provide the Ontario Human Rights Commission’s (OHRC) submission on the government’s Proposed Regulatory Amendments under the Housing Services Act, 2011 – Reg. 367/11. The OHRC is committed to bringing a human rights perspective to government strategies aimed at addressing poverty, homelessness and hunger.
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The OHRC is concerned that the Township of Brock’s Interim Control By-law 2994-2020 to "prohibit the establishment of Supportive Housing and Modular Construction, including Manufactured Dwelling Houses" creates barriers to establishing and accessing supportive housing, which may be discriminatory under the Human Rights Code. The OHRC calls on Council to remove any barriers that have a discriminatory effect as soon as possible, and to allow such supportive housing projects to proceed.
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The OHRC is pleased that the City of Toronto’s proposed framework for multi-tenant houses implements human rights principles and “would establish city-wide permissions for multi-tenant houses.” 
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