I have mobility issues. Does my landlord have to make adjustments to the rental unit for me?

Ontario’s Human Rights Code says that if you have a disability, your landlord must try to accommodate you. This means the landlord must make adjustments so that you  can use and access your apartment and your building For example, your landlord may have to:

• install a ramp or hand rails to make it easier for you to use the building
• widen a doorway so your wheelchair fits
• renovate your bathroom or kitchen so you can use them properly

The landlord may also need to change their policies if your mobility disability makes it difficult for you to follow the policies. For example, your landlord may have a policy that says rental payments must be made in the office on the 3rd floor, but the building has no elevator. The landlord may have to accommodate your mobility disability by allowing you to pay your rent another way.

If you’re looking for new housing, a landlord cannot refuse to rent to you because of your mobility issues.

Undue hardship

The law says that landlords must try to accommodate your disability, even if it costs them money or is inconvenient.

This doesn’t always mean the landlord has to do whatever’s needed, no matter how difficult or expensive. It means they have to make very serious efforts to accommodate your disability.

If a landlord doesn’t accommodate your disability, that’s discrimination. But if the building adjustments would cause your landlord undue hardship, then your landlord doesn’t have to make the adjustments. Undue hardship is a legal term. Undue hardship means that your landlord cannot afford to pay for the adjustments you need, or that the adjustments would cause a safety issue for others.

Every situation is different. If a landlord and tenant cannot agree on how to accommodate a disability, then the Human Rights Tribunal of Ontario might have to decide. In some situations, the Landlord and Tenant Board may also decide.