Landlord Duty to Accommodate Autism in Ontario Housing

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.

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.

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.