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Difference between revisions of "The Residential Tenancy Act (19:I)"

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Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as Income Assistance or similar benefits. The prospective tenant may file a human rights complaint under the ''B.C. Human Rights Code'', RSBC 1996, c. 210 [HRC]. Section 10(1) of the HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are not covered under discrimination rules. See [[Introduction_to_Human_Rights_(6:I)|Chapter 6: Human Rights]] for more information.
Although poverty is not a protected ground, a landlord must not discriminate against a (prospective) tenant based on a lawful source of income, such as Income Assistance or similar benefits. The prospective tenant may file a human rights complaint under the ''B.C. Human Rights Code'', RSBC 1996, c. 210 [HRC]. Section 10(1) of the HRC also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their race, sexual orientation, colour, ancestry, place of origin, religion, marital status, physical or mental disability, or sex. Note also, that pets are not covered under discrimination rules. See [[Introduction_to_Human_Rights_(6:I)|Chapter 6: Human Rights]] for more information.


There are two exceptions:
There are three exceptions:


'''1. Shared Accommodations'''
'''1. Shared Accommodations'''


The law does not always apply when kitchen and bathroom facilities are shared with the owner of that accommodation.
Section 10(1) of the ''HRC'' does not apply where a tenant and landlord will share the use of any sleeping, bathroom or cooking facilities in the space. See ''HRC'' section 10(2)(a) for more information.


'''2. Adults Only'''
'''2. Adults Only'''


A landlord cannot refuse to rent to adults because they have children unless the building or manufactured home park is reserved for people over 55 years old.
The section does not apply to rental spaces in residential buildings in which every unit is reserved for rental by people who have reached 55 years of age, or for by two or more people, at least one of whom has reached 55 years of age.
 
'''3. Units Designed to Accommodate Disability'''
 
Section 10(1) does not apply as it relates to physical or mental disability if the space is a
rental unit in residential premises, the unit and the residential premises are designed to
accommodate persons with disabilities, and the unit is offered for rent exclusively to
someone with a disability, or to 2 or more persons, at least one of whom has a physical or
mental disability.


== '''C. Foreign Students''' ==
== '''C. Foreign Students''' ==
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