TIPS ON RENTAL HOUSING FOR FIRST NATION, INUIT &! MÉTIS TENANTS

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1 TIPS ON RENTAL HOUSING FOR FIRST NATION, INUIT & MÉTIS TENANTS Centre for Equality Rights in Accommodation Working with you to realize your housing rights.

2 ABOUT THIS RESOURCE This resource was designed to answer questions that First Nations, Inuit and Métis (FNIM) tenants might have in relation to their rights in rental housing. It contains information about your housing and human rights. It offers practical tips about how you can advocate for yourself and others to realize your rights. As part of the Facilitating Local Responses to Housing Discrimination project, the Centre for Equality Rights in Accommodation (CERA) asked FNMI residents of Ottawa about their housing needs. This resource is informed by consultations with residents and tenant serving organizations of Ottawa. What we heard from tenants: We heard that FNIM tenants often face challenges in accessing and maintaining safe and affordable housing. These challenges are exacerbated by untrue but pervasive stereotypes. FNMI tenants are sometimes denied housing as a result of occupancy by-laws that are based on traditionally small families living together, as some landlords fail to recognize the importance of extended family in FNMI communities. Some FNIM tenants may also have difficulty accessing housing because of language barriers and a lack of translators. Discrimination is common against FNMI when they may note have landlord references or credit history when moving to an urban centre from a rural area or reserve.

3 You have rights when apartment hunting Terry is a 28-year old Inuit man. He answered an online ad for a one-bedroom apartment in Ottawa. The landlord said that the apartment was still available, and Terry made an appointment to see it. He was excited as he liked the photos and could easily afford the monthly rent of $700. When he arrived at the rental unit, the landlord looked at Terry and told him that the unit was already rented. When Terry asked how it had been rented so quickly after he had made the appointment to view the apartment, the landlord said I don t have to rent to people like you and told Terry to leave. Terry noticed that the apartment was still listed as available online for two weeks after he had been turned away. He suspected that he was denied because he was Inuit. What is the human rights issue in this scenario? Terry is protected by the Human Rights Code (the Code) on the basis of race and ancestry. The Code explains that the landlord cannot apply stereotypes when screening potential tenants and cannot deny an apartment to Terry because he is Inuit.

4 What can Terry do in this situation? Step 1: Terry should write a letter to the landlord and advise him that he is discriminating against him by refusing to rent to him because he is Inuit. He should keep a copy of the letter for himself. Terry can also call CERA for help. We can call or write to the landlord and advocate on Terry s behalf. Step 2: If the landlord refuses to change his decision, Terry may wish to file an application at the Human Rights Tribunal (HRT). He should begin to organize his evidence (correspondence with the landlord, identify witnesses if any, etc.). Step 3: Terry should complete an application form and file it with the HRT. The application must be filed within 12 months of the discriminatory behaviour. Step 4: If Terry and the landlord agree, the HRT will hold a mediation session about 6 months after the application is filed. At the mediation, Terry and the landlord can try to settle the application without a hearing. Step 5: If a settlement is not reached, a hearing will be held about 12 months after the application is filed. Both sides will have an opportunity to present evidence and an adjudicator will make a decision and issue an order.

5 COMMON CHALLENGES IN RENTAL HOUSING Can the landlord refuse to rent to me because I do not have previous landlord references or a credit history? FNMI people may not have previous landlord references or a credit history, particularly if they are moving to the city from a rural community or a reserve. A landlord should not refuse to rent to you because you have no previous landlord references or a credit history. Having no credit history is different than having a bad credit history. Landlords should look to other factors to determine if you are a suitable tenant. A landlord told me that FNMI tenants are unreliable and that I need a lease guarantor. Can the landlord require this? A landlord should not require you to obtain guarantors or prepay rent in order to rent a unit just because you are a FNIM tenant. However, it is not illegal for a landlord to ask for lease guarantors if there is a legitimate reason for the request, such as a history of not paying rent. My landlord said that my building is a no smoking building and that I can t smudge in my unit anymore. What can I do? A landlord cannot harass or discriminate against you because you engage in traditional Aboriginal practices or customs - for example, smudging ceremonies or cooking traditional foods.

6 COMMON CHALLENGES IN RENTAL HOUSING I have kids. Can a landlord refuse to rent to me because of my children? A landlord cannot refuse to rent to you because you have children, unless the building is designated a senior s building for tenants 65 years and older. The landlord cannot refuse to rent to you because the unit is too small unless by renting to you, the landlord would break local occupancy standards. If your family grows while living in your unit, you can request a transfer to a larger unit as an accommodation. English is not my first language. What can I do? If you cannot read or write well in English, ask to take lease home to review it and have a friend, family member, or community worker help you read it. Do not sign an agreement that you don t understand. You can also take a friend or family member with you to help translate when you meet the landlord. What can I do if I am being harassed? It is illegal for a landlord, agent of the landlord or another occupant of the same building to harass a tenant on the basis of any of the prohibited grounds including race, ancestry and creed (which includes FNMI spirituality and practices). If another tenant is harassing you, you should inform your landlord in writing and your landlord should do something to stop it.

7 WHERE CAN I FIND ASSISTANCE & MORE INFO IN OTTAWA? Legal Services Community Legal Services (Ottawa-Carleton) P: W: South Ottawa Community Legal Services P: W: West End Legal Services of Ottawa P: W: Vanier Community Service Center P: W: Housing Help & Other Services Housing Help Centre P: W: Action Logement (caters to French-speakers) P: W: Odawa Native Friendship Centre Drop In 510 Rideau Street P:

8 WHERE CAN I FIND ASSISTANCE & MORE INFO IN OTTAWA? Information for First Nations, Inuit, and Métis Tenants Wabano Centre for Aboriginal Health P: W: Aboriginal Resource Centre UOttawa P: ext: 4566 E: arc-cra@uottawa.ca W: Gignul Non-profit Housing Corporation P: W: Inuit Non-Profit Housing P: Kagita Mikam P: W: Minwaashin Lodge P: Tewegan Transition House P: W: Tungasuvvingat Inuit P: E: info@tungasuvvingatinuit.ca W: