"WHY WAS I REJECTED? WHAT THE HELL! THIS NOT BASED ON MY SITUATION! WHAT CAN I DO? THIS IS UNFAIR!
"REFUSED BECAUSE OF THAT? IT'S NOT REASONABLE AND NOT BASED ON REALITY! I WANT TO TAKE ACTION!"
Did you know Tenants have both Privacy Rights and Human Rights when it comes to finding a rental property?
This means landlords have to be careful what they ask you and follow the LAW when either renting to you or refusing you. It's not the Wild West and there are rules landlords and their screening partners must follow...or face the consequences!
The harsh reality is that in many parts of Canada these days the vacancy rates are extremely low. This has led not only to higher rents, but for Tenants to compete with other Tenants to secure a property.
Of course the landlords love this!
Landlords know they are in a power position and can play with Tenants due to the fact so many are applying even for the worst, dangerous, unattractive dump because Tenants have so few options.
Did you know Tenants can file complaints with the government for free and if the landlord broke the law they will be fined and punished?
What Can Landlords Fairly and Legally Ask You?
Landlords cannot intrude into your personal life and the “tenant screening process” should be short and to the point. There are strict rules.
It also has to be based on real information and not some gimmicky fake "artificial intelligence" based on hot air and "pie in the sky" non-factual information.
Landlords have the right to protect their property via truthful and honest tenant screening. For example, they can run a credit check based on verifiable data.
Choosing tenants
A regulation to the Code sets out what business practices are acceptable and what information can be used when choosing tenants:
-Rental history, credit references and/or credit checks may be requested. A lack of rental or credit history should not be viewed negatively.
[A landlord can ask for income information, but they must also ask for and consider together any available information on rental history, credit references and credit checks (such as through Equifax Canada).
-Income information can only be considered on its own when no other information is made available.
-Income information should be limited to confirming that the person has enough income to cover the rent.
-It is illegal for housing providers to apply a rent-to-income ratio such as a 30% cut-off rule. However, income information alone and rent-to-income ratios may be considered when tenants are applying for subsidized units where the rent amount is geared to income level.
-Housing providers can also ask for a “guarantor” to sign the lease – but only if the landlord has the same requirements for all tenants, not just for people identified by Code grounds, such as recent immigrants or people receiving social assistance. Regulation 290/98 under the Code permits no other inquiries.
So if your potential landlord runs a basic credit check on you, it will show real verifiable things. It will just show "real data" such as your credit score and past debts, past landlords references.
What is Legal and Fair for a Landlord To Ask You About?
-Your credit score
-Your current address
-Your past address
-If you are employed and where
-If you have any outstanding debts
This is fair and Tenants should not worry about companies such as TVS and RentCheck which only present facts.
The great news is Tenants can get their own credit check and explain to the potential landlord if why you have a low score, or why a debt they have is on the record.
THE BEST MOVE IS FOR TENANTS TO GET THEIR OWN CREDIT CHECK FOR FEW VIA CREDIT KARMA https://www.creditkarma.ca/
Good landlords will appreciate your explanation and rent to you.
What Landlords CANNOT DO
We continue to hear so many complaints from tenants regarding practices by some landlords. We have heard that some landlords are using some services that are illegitimate, intrusive, illegal and based on “artificial intelligence” (aka, a nice marketing gimmick!)
For example:
1. Refused Because of Your "RISKY PET"?
“I was refused because my ‘pet risk score’ was too low. I’ve only had my pet for 6 months and never posted anything about it or took pictures…so how can my ‘pet risk score’ be ‘low’? Where does this ‘score’ come from!? I’m furious!”
There are no "pet records" that are part of the public files on Tenants. There is absolutely no way a landlord or any screening company can provide any type of real score on this. But it sure sounds good...and is illegal and hurts Tenants.
2. Refused Because I Have a History of ‘being evicted’ (when I’ve never been evicted!!!)
“Been renting a basement for four years and am looking to rent a one bedroom + den condo since my new jobs pays me a lot more. Found a great place near the subway and applied. I called the landlord and asked why and she said she used a screening service who said I was a great risk to break the lease.
All Landlord and Tenant Board Judgements are redacted. This means your names are not available to the public. There is no way any "risk score" is verifiable. In fact, it's just BS! And it's illegal!
3. Refused Due To Of A Low Risk Score For a “Successful Term?” (I stayed for over a year on a monthly lease!)
“I rented a property on a fixed term lease and then stayed on as a month by month tenant, as is legal and common in Toronto. So how the hell do I become a risk not fulfilling a lease agreement. It’s complete bullshit information and defamation!”
All Landlord and Tenant Board Judgements are redacted. This means your names are not available to the public. There is no way any "risk score" is verifiable. In fact, it's just BS! And it's illegal!
4. A Risk To Make Property Damages
“The owner sent me an email and said they rented to someone else because the screening said I was big risk to trash the place. I’ve never trashed anything. What’s going on?”
All Landlord and Tenant Board Judgements are redacted. This means your names are not available to the public. There is no way any "risk score" is verifiable. In fact, it's just BS! And it's illegal!
5. Refused Because the Landlord Asked for your Salary
“Is it legal for landlords to demand my source of income? And can they even demand to know my annual salary or they won’t rent to me?”
No, this instrusive and goes far beyond what landlords are allowed to ask. It's clearly a way for them to try to break the source of income and 30% salary for rent rules.
6. Pages and pages to fill out Just To Try to Rent an Apartment?
Intrusive and illegal.
Where Does All Your Personal Information Really Go To?
Did you under Canadian Privacy Laws Landlords must be very careful about your private data and even must destroy it? But now where is all your data really going to? Is it being sold? Anyone can say 'we will protect your data' but who really knows what's going on?
Tenants Learn Your Rights: These Landlord Screening Questions are Illegal And Uncalled For!
For years no one has really helped educate Tenants on what our Rights truly are.
Equally as horrific, when Tenants have our Rights disrespected and trashed there is so little information on what Tenants can do.
Tenants are being rejected based on fake information! This is Fraud! FIGHT BACK!
FIGHT BACK! IF YOU HAVE BEEN REFUSED DUE TO SOME FAKE "A.I." INFORMATION YOU NEED TO FILE WITH THE HUMAN RIGHTS BUREAU AND THE PRIVACY COMMISSION IN YOUR PROVINCE!
ONTARIO
1. Human Rights Commission
Landlords have to follow the Human Rights Code: http://www.ohrc.on.ca/en/policy-human-r ... al-housing
To make a complaint: http://www.ohrc.on.ca/en/filing-claims-discrimination
2. Privacy Commission: https://www.ipc.on.ca/wp-content/themes ... g/logo.png
To make a complaint: https://www.ipc.on.ca/privacy/filing-a- ... complaint/
BRITISH COLUMBIA
1. Human Rights Tribunal
Landlords have to follow the Human Rights Code: http://www.bchrt.bc.ca/
To make a complaint: http://www.bchrt.bc.ca/complaint-proces ... /index.htm
2. Privacy Commission: https://www.oipc.bc.ca/
To make a complaint: https://www.oipc.bc.ca/for-the-public/h ... complaint/
ALBERTA
1. Human Rights Commission: https://www.albertahumanrights.ab.ca/Pages/default.aspx
Landlords have to follow the Human Rights Code: http://www.ohrc.on.ca/en/policy-human-r ... al-housing
To make a complaint: https://www.albertahumanrights.ab.ca/co ... guide.aspx
2. Privacy Commission: https://www.oipc.ab.ca/
To make a complaint: https://www.oipc.ab.ca/action-items/how ... reach.aspx
SASKATCHEWAN
1. Human Rights Commission: http://saskatchewanhumanrights.ca/
Landlords have to follow the Human Rights Code: http://www.ohrc.on.ca/en/policy-human-r ... al-housing
To make a complaint: http://saskatchewanhumanrights.ca/how-t ... -complaint
2. Privacy Commission: https://oipc.sk.ca/
To make a complaint: https://oipc.sk.ca/resources/access/how ... formation/
NOVA SCOTIA
1. Human Rights Commission: https://humanrights.novascotia.ca/
To make a complaint: https://humanrights.novascotia.ca/know-your-rights
2. Privacy Commission: https://oipc.novascotia.ca/
To make a complaint: https://oipc.novascotia.ca/publictools
TENANTS CAN FIGHT BACK! DON'T ALLOW LAW-BREAKERS TO HARM YOUR LIFE BY REJECTING YOU FOR AN APARTMENT BASED ON ILLEGAL OR FALSE DATA!
Take the time to make a free complaint and this way, with tens of thousands of complaints, landlords and their shady screening will be punished and end their sleazy tactics!
TENANTS FIGHT BACK!
MAKE THE COMPLAINTS
MAKE NOISE TO FIX THE RENTAL INDUSTRY!
TOGETHER WE ARE STRONGER!
