Declining an applicant for the wrong reason — even unintentionally — can expose you to a human rights complaint. Here's exactly what Ontario's Human Rights Code allows you to consider, and what it explicitly doesn't.
The Full List of Protected Grounds
Under the Ontario Human Rights Code, you cannot refuse a rental applicant based on: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability, or receipt of public assistance (source of income). This protection also extends to someone facing discrimination because they're a friend or relative of a person identified by one of these grounds.
What This Means in Practice
You cannot refuse a family with children. Under the "family status" ground, denying housing because an applicant has children is discrimination — adult-only buildings aren't permitted in Ontario except for specific exemptions like subsidized seniors' housing.
You cannot refuse someone because their income comes from social assistance. "Receipt of public assistance" is a protected ground — you can still assess whether their total income supports the rent, but you cannot reject an applicant simply because of where that income comes from.
You cannot apply different standards to different applicants. If you require a guarantor, you must require one under the same conditions for every applicant — not just for applicants identified by a Code ground, such as recent immigrants or people receiving social assistance.
What You're Allowed to Ask and Consider
Ontario's Regulation 290/98 under the Human Rights Code permits landlords to request:
Income information — but only if you also request credit references, rental history, and a credit check from every applicant, and you must consider all of this information together, not income alone.
Credit checks and credit references.
Rental history, including previous landlord references.
A guarantor, applied consistently to every applicant under the same criteria.
The key principle: these tools must be used in a genuine, consistent, non-discriminatory way — not selectively applied to screen out applicants based on a Code ground.
What "Genuine and Non-Discriminatory" Actually Means
If your income, credit, or reference criteria end up creating a systemic barrier for people identified by a Code ground, you may be required to show the criteria is a genuine business requirement — one that couldn't reasonably be applied in a more accommodating way. Applying your criteria inconsistently between applicants (different rent for different people, requiring a deposit from some but not others, requesting "direct payment" only from certain applicants) can itself be evidence of discrimination.
What About Criminal Record Checks?
There's no law preventing a landlord from asking about a criminal record, but the Ontario Human Rights Commission recommends against it — a criminal record unrelated to the tenancy generally shouldn't be grounds for refusal, and using it as a screening factor carries real discrimination risk depending on how it's applied.
What Legitimate Reasons to Decline Actually Look Like
Income that genuinely doesn't support the rent, based on a consistent standard applied to every applicant.
A poor credit history or concerning references, evaluated consistently across all applicants.
A previous landlord reference indicating genuine tenancy issues (property damage, consistent late payment), not vague or unsubstantiated concerns.
Documentation Is Your Best Protection
If you decline an applicant, keep a clear record of the specific, legitimate reason — tied to income, credit, or references, applied consistently with how you evaluate every applicant. If a declined applicant later claims discrimination, your ability to show a documented, consistent, non-discriminatory reason is your primary defence.
The Bottom Line
Ontario's Human Rights Code gives landlords real, legitimate tools to screen applicants — income verification, credit checks, references — but requires those tools be applied consistently and never used as a proxy to screen out someone based on a protected ground. Getting this right protects both your business and the applicants you're evaluating.
Want help building a screening and decline process that's both thorough and compliant? Our 12-step verification process is built with exactly this consistency in mind — contact our team to learn more.
This article summarizes general Ontario Human Rights Code principles and is not legal advice. Consult a paralegal or lawyer for guidance specific to your situation.
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