What to Know about Age Restrictions1. Age Restriction Bylaws
An age restriction bylaw is a bylaw of the strata corporation which requires that some or all of the persons occupying a strata lot be over a certain age. Age restriction bylaws are allowed by the Act. Bill 8, the Strata Property Amendment Act, Section 18 adds a new provision to Section 123 of the Strata Property Act to expressly allow for age restriction bylaw to be passed by a strata corporation.
2. Provisions of the Human Rights Code
The Human Rights Code contains provisions prohibiting discrimination on certain grounds in relation to both the purchase and the rental of a property.The discriminatory grounds that are prohibited in relation to the purchase of a property include factors such as race, colour, ancestry, religion etc., but do not include age or family status.Only the provisions of the Human Rights Code that relate to tenancy prevent discrimination on the basis of age or family status (with one exception noted below).The Human Rights Code therefore only applies to prevent discrimination based on age or family status in relation to tenancies.
3. 55+ Exception
The provisions of the Human Rights Code respecting discrimination based on age and family status do not apply to rental premises if the age restriction is set at persons 55 years of age or older.
4. Application of the Human Rights Code
Bylaws that restrict occupancy based on age or family status are unenforceable against tenants (renters) unless the entire development is limited to persons 55 years and older (or a couple, one of whom is at least 55).Unless the building is restricted to age 55 and older, it is not possible for a strata development to prevent strata lots from being occupied by children in rental suites.However, age and family status restriction bylaws can apply to owners. Thus, a bylaw that prevents children can apply to owners who occupy a strata lot.
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