HUMAN RIGHTS AND RENTAL HOUSING: DEVELOPMENTS AND ACCESSIBILITY Kristin Ley Cohen Highley LLP June 16, 2011

Human Rights Code 5 social areas including accommodation (housing) and employment Discrimination Individual basis

Human Rights Code Quasi-constitutional Retroactive Source of legal duty to accommodate

Human Rights Tribunal of Ontario (HRTO) Adjudicative body Rules of Procedure; Forms

Recent Developments at the HRTO Procedures –Applicants to prepare and file reply material –Summary hearings: Respondent-initiated and Tribunal-initiated

Recent Developments at the Ontario Human Rights Commission (OHRC) Policy development –Housing –Mental health –Accommodating disabilities E-learning tools Code cards

Landlord and Tenant Board Numerous cases involving Human Rights Code issues –Tenant’s using Code as shield and sword –Mental disabilities; physical disabilities Interpretation Guideline on Human Rights

Human Rights: Discrimination and Harassment Preventative measures i.e. information in welcome packages Post Code cards Understand obligation to investigate

Human Rights: Discrimination and Accessibility Procedural and substantive obligations Undue hardship –Costs –Outside sources of funding –Health and safety requirements

Human Rights: Discrimination and Accessibility Plan ahead to eliminate barriers Address individual requests promptly and seriously –Consider phased-in and alternative accommodations Use accessibility standards for the built environment as a guide Understand that Code applies retroactively and delay for time for compliance under retrofit provisions of Fire or Building Codes or compliance with standards under AODA not a defence to a human Rights application

Thank you! Kristin Ley ext 316