Duty to accommodate in housing

Landlords, housing providers, and condominium corporations have a duty to accommodate a person’s needs because of a protected ground to the point of undue hardship.
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What is the duty to accommodate?

Employers, service providers, landlords, and others have a duty to accommodate. This means making changes to rules, standards, policies, workplace culture, and physical environments to eliminate or reduce the negative impact that someone faces because of a protected ground. The goal of accommodation is to provide an equal opportunity for an individual or group to participate in any of the protected areas under the Alberta Human Rights Act.

What you need to know

  • Landlords, housing providers, and condominium corporations all have a duty to accommodate.
  • Both the person requesting accommodation and the landlord, housing provider, or condominium corporation have rights and responsibilities in the accommodation process.
  • Landlords, housing providers, and condominium corporations who receive a request for accommodation must accommodate the person’s needs to the point of undue hardship.
  • The person requesting accommodation has a responsibility to participate and cooperate in the accommodation process.
  • In some situations, a landlord, housing provider, or condominium corporation can justify its decision to not accommodate someone because it was reasonable and justifiable in the circumstances or because it caused undue hardship.
  • The accommodation process is most successful when everyone works together to come up with creative, flexible solutions.

The accommodation process

During the accommodation process, everyone must act reasonably and cooperatively in searching for and implementing accommodation.

The person making the accommodation request must make the landlord, housing provider, or condominium corporation aware of their need for accommodation. The person should provide enough information or documentation for the landlord, housing provider, or condominium corporation to understand what type of accommodation they need.

During the accommodation process, the person making the request must cooperate and participate in accommodation efforts with the landlord, housing provider, or condominium corporation. For more information on rights and responsibilities when making an accommodation request and steps for making a request, refer to the Duty to Accommodate human rights guide.

If a landlord, housing provider, or condominium corporation receives an accommodation request, it must take steps to accommodate the person making the request to the point of undue hardship. These steps may include:

  • requesting information about accommodation needs such as medical documentation
  • Following up with the person when they do not provide the information needed
  • being flexible and creative in searching for accommodation that meets the needs of the person requesting accommodation
  • engaging and communicating with the person requesting accommodation

For more information on a landlord, housing provider, or condominium corporation’s rights and responsibilities when receiving an accommodation request, refer to the Duty to Accommodate human rights guide and the Defences to Human Rights Complaints guide.

Examples of accommodation in housing

Accommodation in housing often involves the protected grounds of physical disability. It may also involve other protected grounds such as religious beliefs, ancestry, family status, marital status, and mental disability.

Examples of accommodation in housing include:

  • making sure people using wheelchairs can access apartments and condominiums by having a ramp and electronic door opening devices
  • making exceptions to tenancy rules or condominium bylaws to allow for service dogs and guide dogs
  • offering a ground floor unit to a tenant with mobility and access issues
  • researching costs to change a building to make it more accessible to residents with disabilities
  • allowing tenants to cook their cultural foods in their units
  • making exceptions to condominium parking bylaws to provide better parking stall access to condominium owners or tenants with physical disabilities
  • allowing condominium owners to temporarily or permanently alter a condominium unit or facilities based on a protected ground, such as setting up succahs (temporary huts) for religious purposes

Undue hardship in housing

A landlord, housing provider, or condominium corporation must take steps to accommodate a person’s request for accommodation to the point of undue hardship. A landlord, housing provider, or condominium corporation may have to experience some hardship in providing accommodation.

To be undue, the hardship must be “substantial in nature.” For example, this may include intolerable financial costs or serious disruption to business. Other factors that may determine if undue hardship would occur include:

  • size and resources of the landlord, housing provider, or condominium corporation
  • flexibility of facilities
  • health and safety concerns

Undue hardship is unique to every situation. Certain accommodation may create an undue hardship for one landlord, housing provider, or condominium corporation, but not for another. For example, a landlord renting out multiple units in an apartment complex may be able to accommodate a request for a ground level unit more easily than a landlord renting out a single unit in a walk-up townhouse.

For more information on undue hardship, refer to the Duty to Accommodate human rights guide.

FAQs

People who need accommodation because of a protected ground, such as a disability, can request accommodation. For example, this can include:

  • employees or job candidates
  • union members
  • current or potential tenants
  • housing cooperative members
  • condominium owners or renters
  • students
  • customers or anyone trying to access or use a good or service

The reason for accommodation must be based on a need related to a protected ground under the Act.

The duty to accommodate applies to individuals and groups under the Act, which includes:

  • employers
  • landlords
  • housing providers
  • business owners
  • public service providers
  • educational institutions
  • professional associations
  • trade unions
  • condominium corporations

Employers, service providers, housing providers, condominium corporations, and landlords have a duty to take steps to accommodate individual needs to the point of undue hardship. Some hardship may be necessary in accommodating a person. Where an employer, service provider, housing provider, condominium corporation, or landlord says that accommodating a person causes an undue hardship, it must provide proof. In many cases, accommodation measures are simple and affordable and do not create undue hardship.

Accommodation may cause some inconvenience, disruption, and expense to an employer, service provider, or landlord, but the law requires accommodation to the point of undue hardship.

Undue hardship occurs if accommodation would create significantly onerous conditions for an employer, service provider, or landlord. For example, this may include intolerable financial costs or serious disruption to business. Other factors that may determine if undue hardship would occur include:

  • size and resources of the employer, service provider, or landlord
  • interchangeability of work force and facilities (the ability to adjust positions, roles, duties, or job location)
  • health and safety concerns

Undue hardship is unique to every situation. Certain accommodation may create undue hardship for one employer, service provider, or landlord but not for another. For example, a business with three employees may not be able to accommodate a request for revised work hours as easily as a business that has 25 employees.

For more information on undue hardship, refer to the Duty to Accommodate human rights guide.

 

It depends. If the person requesting accommodation refuses reasonable and appropriate accommodation, then the employer, service provider, or landlord has likely met their legal responsibilities.

If the employer, service provider, or landlord fails to accommodate the person to the point of undue hardship, then they may be contravening (going against) the Act. The person requesting accommodation can discuss their situation with human resources and may choose to file a complaint with their employer or ultimately make a human rights complaint with the Commission. You have one year after the discriminatory act or treatment to make a complaint to the Commission.

For more information about the complaint process and remedies, refer to the Making a complaint page.

It depends on what the accommodation request is about. These situations can fall under the areas of both tenancy or goods, services, accommodation, or facilities. Condominium corporations are a service or accommodation provider to all condominium residents. They have a duty to accommodate condominium residents, regardless of whether they own or rent a unit. Landlords who own condominium units also have a duty to accommodate tenants living in their units.

Some people with disabilities may rely on an assistance or support animal, such as a service dog or guide dog. There are also other types of assistance and support animals, such as therapy, companion, or emotional support animals.

The Act and other laws in Alberta protect the rights of individuals to use a qualified service dog or guide dog. Guide dogs are trained as a guide for blind people while service dogs are trained as a guide for disabled persons. Both types of dogs must meet qualifications under the law.

Housing providers (including landlords and condominiums) and goods and services providers cannot discriminate against individuals with a disability who have a qualified service dog or guide dog. They must accommodate these individuals to the point of undue hardship. Providers may also have a duty to accommodate individuals with other types of assistance and support animals. Whether there is a duty to accommodate depends on the situation and reliable medical information confirming the person’s disability and need for the animal.

Human rights laws are one of many laws that apply in housing.

For example, residential tenancies laws include rules that both landlords and tenants must follow when it comes to rent, security deposits, notices, and more. Minimum housing and health standards include rules for ensuring safe, sanitary, and livable properties. Privacy laws require landlords, housing providers, and condominium corporations to get consent when collecting, using, and sharing personal information.

There are also laws for specific types of housing. For example, condominium laws and bylaws only apply to condominiums. Mobile home sites tenancies laws only apply to mobile home site rentals. Subsidized housing or social housing laws apply to subsidized housing or social housing.

Read our Other helpful agencies page to learn more about agencies that can help with issues besides human rights.

Below are some government departments and organizations for help with court processes.

Help with court processes and forms:

Court and Justice Services (CJS)

Legal information about court processes in Alberta:

Centre for Public Legal Education Alberta (CPLEA)

The courts in Alberta:

Alberta Courts