THE DUTY TO ACCOMMODATE: TENANT RIGHTS

The Human Rights Code confirms that everyone has the right to be free from discrimination and harassment due to disability or perceived disability. This right extends to landlord and tenant relationships. It is unacceptable for a prospective tenant to be refused a rental opportunity due to disability. It is also unacceptable for a tenant to be harassed or treated unfairly by his or her existing landlord due to disability.

Whether due to acquired or traumatic injury, brain and spinal cord injuries can result in numerous accessibility issues within a home environment. Issues may arise due to physical or cognitive impairment and may relate to problems with home entrances, door and hallway widths, counter and cupboard heights, stairs, bathroom layouts, flooring styles etc. Making a home accessible can be a significant undertaking.

Landlords have a duty to accommodate tenants who have real needs as according to the Code. This duty requires that landlords actively work with tenants to find the best solutions to address the identified issues and it also requires that the accommodations be quickly implemented. Where accommodations can’t be quickly implemented, interim measures are to be put in place.

Despite this, and even when private funding is available, landlords sometimes resist this duty of accommodation. Quite sadly, my experience has been that some landlords attempt to refuse even simple accommodations such as installing ramps and grab bars, citing concerns that such installations would cause damage within the unit or to its exterior. Others may try to suggest that to accommodate the tenant would cause unacceptable disrupt to other tenants.

Under the Code, Landlords have a duty to accommodate the needs of their tenants and they must take steps to remove existing barriers, unless to do so would cause undue hardship.

There are only three conditions used in the assessment of whether an accommodation would cause undue hardship:

– Cost
– Outside sources of funding, if any
– Health and safety requirements, if any

No other considerations are to be factored into accommodation decisions. The onus of proving that a requested accommodation would cause undue hardship rests with the landlord.

When resistance exists, the task of educating landlords may fall on the tenant and his family. Such a discussion may not always be productive but it is an important first measure in attempting to overcoming dispute. When disability has arisen due to motor vehicle accident, or other negligence based events, the rehabilitation team members and the personal injury law firm may also opt to speak to the issues with the landlord.

Thankfully, landlords do typically respond well to a discussion about human rights. However, when landlords maintain a refusal to accommodate, escalation of a dispute may be necessary. If you or your loved one is suffering unyielding discrimination or harassment at the hands of a landlord, complaint may be filed at the Human Rights Tribunal of Ontario at:

Toll Free: 1-866-598-0322
TTY: 416-326-2027
Website: www.hrto.ca

THE “MOVE OVER” LAW IN ONTARIO

The “move over” law was enacted in Ontario back in 2003. Sections 159(2) and (3) of the Highway Traffic Act require drivers to slow down and proceed with caution when approaching an emergency vehicle on the side of the highway with its lights on. If it can be done safely and there is more than one lane of travel, the driver must vacate the lane adjacent to the emergency vehicle.

When a driver fails to slow down and/or move over, he or she could be fined up to $2,000 and three demerit points for a first offence. For each subsequent offence, the fine will be no less than $1,000 and no more than $4,000. The driver could also face a jail term of up to 6 months and a licence suspension of up to two years.

Despite being enacted over 10 years ago, hundreds of drivers continue to be completely unaware or simply non-compliant with this law. Since January 2015, the Ontario Provincial Police have ticketed over 700 motorists for ignoring the “move over” law.

Failing to move over for emergency vehicles puts emergency workers, and those stopped by or in need of emergency workers, in serious danger. Since 1989, 5 Ontario Provincial Police officers have been killed in roadside accidents. The most recent police officer to be killed on the roadside was in 2000. Many more have been injured in roadside accidents.

It is very important to stay alert and avoid distractions while driving. If you see an emergency vehicle with its lights on at the side of the road, stay calm, slow down, and do not make any sudden maneuvers. Before you change lanes, consider the road conditions and the surrounding traffic. Use your mirrors to check your blind spots and signal and brake accordingly. If we all adhere to the “move over” law, our roadways and our emergency workers will be that much safer.