Selecting Prospective Tenants (RTA)

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

10 In selecting prospective tenants, landlords may use, in the manner prescribed in the regulations made under the Human Rights Code, income information, credit checks, credit references, rental history, guarantees, or other similar business practices as prescribed in those regulations. 2006, c. 17, s. 10.

SWT-23235-11 (Re), 2011 CanLII 91399 (ON LTB)

6. Section 10 of the Act provides that in selecting prospective tenants, landlords may use, in the manner prescribed in the regulations made under the Human Rights Code, income information, credit checks, credit references, rental history, guarantees, or other similar business practices as prescribed in those regulations. The applicable regulations are found in O. Reg. 290/98.

7. Since the Landlord had already accepted the Tenants, the information request made on August 31, 2011 was not for the purpose of selecting a prospective tenant as permitted by section 10 of the Act and the regulations under the Human Rights Code. The information request was also broader in scope than the verification of information permitted under the terms of the rental application because the Landlord was seeking additional information not already disclosed, such as the Tenant’s 2010 income, year-to-date income and monthly income before April 2011. Therefore, I find the stated purpose of the request, to “ascertain the accuracy of information that is provided,” was false. I find the request was a fishing expedition undertaken for no good reason after the Tenants’ applications were filed, and the Landlord ought to have known it would be unwelcome. Although it was an isolated incident, the attempted invasion of the Tenants’ privacy, in the guise of information verification, was serious enough to constitute harassment.