Tenants Facing Eviction for Children’s Noise have Rights under Ontario’s Human Rights Code

Imagine you are in the common hallway of your apartment building with your 2 year old daughter. She is laughing, talking and running towards the elevator. You notice there are people coming towards her and she may be in their way, so you take her hand and guide her away from the centre of the hall. She protests vehemently and starts to cry. You try to explain to her why you have stopped her from running, but she is only 2 years old and has no interest in this reasoning. She flops herself onto the floor and rolls around crying even louder.   You try to hush your daughter to no avail, while anxiously awaiting the opening of the elevator door so you can pick her up, get on and get out of the building. Those of us with children know this is not an unfamiliar scene. In fact, this may be one of several such scenes that you will deal with most days, when you have a 2 year old child.

Now imagine the next day you receive an Eviction Notice in your mailbox. It says you have disturbed the reasonable enjoyment of your neighbours by allowing your child to run freely and cry in the common hallway. You panic. You have finally moved into an apartment that is nice enough, clean enough, with rent that you can afford. It’s close to work, shopping, and daycare. It’s your home and you want to stay in your home. Then you suddenly feel angry because you think back to yesterday, when the incident occurred and you remember you actually were quite concerned about your neighbours in the hallway and did your best to try to keep your daughter from disturbing them. You now are panicking again. You tell yourself that you can’t lose this apartment, it’s not fair.

Indeed it is not fair. In fact it may be a violation of Ontario’s Human Rights Code (Code). Under the Code, children have the right to make a reasonable amount of noise, simply because they are children and children make noise. Parents have the right not to be harassed and threatened with eviction for regular children’s noise such as crying, laughing, playing and running. At a Landlord and Tenant Board Hearing, the adjudicator must consider the Code when making the decision to evict or not evict. Landlords are obligated to make accommodations where possible such as providing carpeting to reduce noise. For more information visit the Ontario Human Rights Commission website at: www. ohrc.on.ca