Landlord Duty to Accommodate Autism in Ontario Housing

Direct answer

Ontario landlords must accommodate disability-related needs in housing to the point of undue hardship under the Human Rights Code. Disability-related behaviour does not give absolute immunity from eviction, but the Landlord and Tenant Board must review all circumstances under section 83 of the Residential Tenancies Act before ordering it. Respond right away to any notice and get legal help.

Page checked · Sources

Key facts

Legal Duty
Accommodate to undue hardship
Human Rights Code, s. 11(2)
Housing Protection
Equal treatment in occupancy of accommodation
Human Rights Code, s. 2(1)
Eviction Review
Board must weigh all circumstances first
Residential Tenancies Act, s. 83
HRTO Remedies
Monetary compensation, restitution, compliance orders
Human Rights Code, s. 45.2

The numbers behind this answer

Every answer on this site sits on the same verified counts. These are the current figures.

Ontario's figures, as of May 2026 (MCCSS FOI via OAC · May 2026).

Registered

91,974

Children registered

Total registered in the Ontario Autism Program

Funded

20,711

Have active funding

22.5% of registered children

Without active agreement

71,263

Without an active funding agreement

An administrative status; it does not confirm current service delivery.

Figures as of · MCCSS FOI via OAC · May 2026 · checked

Show as table
Ontario Autism Program key statistics (MCCSS FOI via OAC · May 2026, as of May 13, 2026)
MetricValue
Children registered91,974
Have active funding20,711
Without an active funding agreement71,263

What Accommodations Can Tenants Request?

  • Autistic tenants or families with autistic children can ask for accommodation. Common requests may include a plan for disability-related noise, a sensory change, a different unit location, or advance notice of maintenance.
  • The tenant must identify the disability-related need. Under Ontario Human Rights Commission guidance, the accommodation provider generally does not have the right to know the exact diagnosis unless it clearly relates to the accommodation being sought or the need is complex or unclear. The landlord must consider accommodation up to the point of undue hardship, which the Human Rights Code defines by cost, outside funding, and health and safety requirements.

Eviction Protections

  • Under section 83 of the Residential Tenancies Act, the Landlord and Tenant Board may refuse an eviction application, or postpone enforcement of an eviction order, having regard to all the circumstances, where it would be unfair to refuse. If a hearing is held, the Board must review the circumstances and consider whether to use that power before granting the application.
  • The Ontario Human Rights Commission's policy on rental housing states that even where a tenant's behaviour is disruptive, a landlord is expected to take steps to determine whether the situation can be resolved by accommodating a Code-related need before pursuing eviction. If you or your child's autism is connected to behaviour raised in an eviction application, notify the landlord in writing that the behaviour is disability-related, request accommodation, and attend the LTB hearing with evidence of that connection.

What the HRTO Can Order

  • If a landlord fails to accommodate and the matter goes to the Human Rights Tribunal of Ontario, the Code gives the Tribunal power to order monetary compensation for loss arising from the infringement, including compensation for injury to dignity, feelings and self-respect, restitution other than through money, and orders directing a party to do anything the Tribunal considers necessary to promote future compliance.

Frequently asked questions

Not automatically. Under section 83 of the Residential Tenancies Act, the Landlord and Tenant Board must have regard to all the circumstances before ordering an eviction, and the Ontario Human Rights Commission expects a landlord to first take steps to see whether disability-related behaviour can be accommodated. If you receive an eviction notice, respond in writing that the behaviour is disability-related and get legal help.

You need to disclose that you are requesting a disability-related accommodation and what the need is. Ontario Human Rights Commission guidance says the accommodation provider generally does not have the right to know the specific diagnosis unless it clearly relates to the accommodation requested or the need is complex or unclear.

Under section 45.2 of the Human Rights Code, the Tribunal can order monetary compensation for loss arising from the infringement, including for injury to dignity, feelings and self-respect, order restitution other than through money, and order a party to do anything the Tribunal considers necessary to promote future compliance with the Code.

Sources

  1. Human Rights Code, R.S.O. 1990, c. H.19

    Sections 2 (accommodation/occupancy), 11 (undue hardship standard), and 45.2 (Tribunal remedies)

    Checked

  2. Residential Tenancies Act, 2006, S.O. 2006, c. 17

    Section 83 — Power of Board, eviction (mandatory review of all circumstances)

    Checked

  3. Ontario Human Rights Commission

    Policy on Human Rights and Rental Housing

    Checked

  4. Ontario Human Rights Commission

    OHRC policy position on medical documentation for disability-related accommodation requests

    Checked

Next steps

Keep going with related guidance, tools, and evidence.

About this page

Check the author’s context, review method, and how to report an error.

Written by

Founder & Autism Advocate

Lived experience: Parent of autistic child navigating OAP system

Get the next FOI release before the news cycle does.