In a 2 bedroom apartment there are 2 parents & 5 kids, in Ontario are there laws against this?
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I am trying to find the law stating how many people and or children are allowed to live in a certain space. Currently we have 2 parents and 5 children living in a 2 bedroom apartment that is the same as mine. There is no way this is possible, but is happening. Is there a law somewhere stating the living regulations around this? We are living in Belleville, Ontario, in case there is a bylaw in effect.
There may be laws, by-laws, etc.; BUT, unless stated otherwise (and they don’t), the Ontario Human Rights Code supersedes any provincial regulations, by-laws, municipal codes, national housing standards, CMHC’s recommended occupancy guidelines, etc. The Canadian Human Rights Act would oversee all provinces, and does reflect the same information as set out in the OHRC.
UNLESS, there is a bona fide health or safety issue, (an actual proven and factual basis, before this claim is made), it is viewed as descrimination on the basis of family status.
The landlord is also responsible to ensure their housing is free from harrassment (including from other tenants).
This information is available at the Ontario Human Rights Commission’s site. I’ve included a few references for you to view. If you had further questions, you can call their 1-800 number and ask them directly.
Hope this helps.
~~~~~
http://www.ohrc.on.ca/en/resources/code
"The Ontario Human Rights Code (the "Code") is for everyone. It is a provincial law that gives everybody equal rights and opportunities without discrimination in specific areas such as jobs, housing and services. The Code’s goal is to prevent discrimination and harassment. The Code was one of the first laws of its kind in Canada. Before 1962, various laws dealt with different kinds of discrimination. The Code brought them together into one law and added some new protections."
~~~~~
http://www.ohrc.on.ca/en/resources/Policies/housing?page=Policy-VII_.html#_3__Occupancy_policies
"At all times, it must be remembered that the Code has primacy over other pieces of legislation, unless otherwise stated. This means that where there is a conflict between the Code and another piece of provincial legislation, such as the Social Housing Reform Act or the Co-operative Corporations Act, the Code will prevail."
~~~~~
http://www.ohrc.on.ca/en/resources/factsheets/landlords
"International law says that people in Canada should be able to get good housing that they can afford. To help achieve this in Ontario, tenants and landlords (or housing providers) have rights and responsibilities under the Human Rights Code.
Under the Code, everyone has the right to equal treatment in housing without discrimination and harassment. As a landlord, you are responsible for making sure the housing you operate is free from discrimination and harassment.
People cannot be refused an apartment, bothered by a landlord or other tenants, or otherwise treated unfairly because of their:
* race, colour or ethnic background
* religious beliefs or practices
* ancestry, including people of Aboriginal descent
* place of origin
* citizenship, including refugee status
* sex (including pregnancy and gender identity)
* family status
* marital status, including people with a same-sex partner
* disability
* sexual orientation
* age, including people who are 16 or 17 years old and no longer living with their parents
* receipt of public assistance."
~~~~~
http://www.ohrc.on.ca/en/resources/Policies/housing?page=Policy-V_.html#fnB103
"The Code provides that every person has the right to be treated equally in the area of housing without discrimination because of any of the grounds set out in the Code. The purpose of anti-discrimination laws is to prevent the violation of human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice.
There are several ways of defining and identifying discrimination. Discrimination includes any distinction, including any exclusion, restriction or preference based on a prohibited Code ground, that impairs the recognition of human rights and fundamental freedoms.
The most important issue to determine is whether a prohibited Code ground was a factor in the discrimination. Even if a Code ground is only one of the factors in a decision to restrict a person’s equal access to housing, this may be a violation of the Code.
The right to equal treatment in rental housing offers protection in a broad range of situations. The right to be free from discrimination in housing includes not only the right to enter into an agreement and occupy a residential dwelling, but also the right to be free from discrimination in all matters relating to the accommodation."
You need to research your town or provinces zoning laws.
Most likely 7 people in a 2 bedroom apartment would be in violation.
Call your twp office and ask what the occupancy limits are on such and such property.
You could also just call the apartment office and ask them, I’m sure they know the occupancy limits of their properties. If you choose that option, I would do so anonymously
References :
Most likely there’s a violation here. You’ll have to check with the zoning laws in your area. It will also depend upon the ages of the children and their gender.
Remember, if you report it, there may be 5 children living on the streets.
References :
I agree with joe.
References :
There may be laws, by-laws, etc.; BUT, unless stated otherwise (and they don’t), the Ontario Human Rights Code supersedes any provincial regulations, by-laws, municipal codes, national housing standards, CMHC’s recommended occupancy guidelines, etc. The Canadian Human Rights Act would oversee all provinces, and does reflect the same information as set out in the OHRC.
UNLESS, there is a bona fide health or safety issue, (an actual proven and factual basis, before this claim is made), it is viewed as descrimination on the basis of family status.
The landlord is also responsible to ensure their housing is free from harrassment (including from other tenants).
This information is available at the Ontario Human Rights Commission’s site. I’ve included a few references for you to view. If you had further questions, you can call their 1-800 number and ask them directly.
Hope this helps.
~~~~~
http://www.ohrc.on.ca/en/resources/code
"The Ontario Human Rights Code (the "Code") is for everyone. It is a provincial law that gives everybody equal rights and opportunities without discrimination in specific areas such as jobs, housing and services. The Code’s goal is to prevent discrimination and harassment. The Code was one of the first laws of its kind in Canada. Before 1962, various laws dealt with different kinds of discrimination. The Code brought them together into one law and added some new protections."
~~~~~
http://www.ohrc.on.ca/en/resources/Policies/housing?page=Policy-VII_.html#_3__Occupancy_policies
"At all times, it must be remembered that the Code has primacy over other pieces of legislation, unless otherwise stated. This means that where there is a conflict between the Code and another piece of provincial legislation, such as the Social Housing Reform Act or the Co-operative Corporations Act, the Code will prevail."
~~~~~
http://www.ohrc.on.ca/en/resources/factsheets/landlords
"International law says that people in Canada should be able to get good housing that they can afford. To help achieve this in Ontario, tenants and landlords (or housing providers) have rights and responsibilities under the Human Rights Code.
Under the Code, everyone has the right to equal treatment in housing without discrimination and harassment. As a landlord, you are responsible for making sure the housing you operate is free from discrimination and harassment.
People cannot be refused an apartment, bothered by a landlord or other tenants, or otherwise treated unfairly because of their:
* race, colour or ethnic background
* religious beliefs or practices
* ancestry, including people of Aboriginal descent
* place of origin
* citizenship, including refugee status
* sex (including pregnancy and gender identity)
* family status
* marital status, including people with a same-sex partner
* disability
* sexual orientation
* age, including people who are 16 or 17 years old and no longer living with their parents
* receipt of public assistance."
~~~~~
http://www.ohrc.on.ca/en/resources/Policies/housing?page=Policy-V_.html#fnB103
"The Code provides that every person has the right to be treated equally in the area of housing without discrimination because of any of the grounds set out in the Code. The purpose of anti-discrimination laws is to prevent the violation of human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice.
There are several ways of defining and identifying discrimination. Discrimination includes any distinction, including any exclusion, restriction or preference based on a prohibited Code ground, that impairs the recognition of human rights and fundamental freedoms.
The most important issue to determine is whether a prohibited Code ground was a factor in the discrimination. Even if a Code ground is only one of the factors in a decision to restrict a person’s equal access to housing, this may be a violation of the Code.
The right to equal treatment in rental housing offers protection in a broad range of situations. The right to be free from discrimination in housing includes not only the right to enter into an agreement and occupy a residential dwelling, but also the right to be free from discrimination in all matters relating to the accommodation."
References :