Ottawa Citizen

Vaccinatio­n informatio­n for tenants and landlords

Informatio­n for tenants and landlords

- BY DICKIE & LYMAN LLP WHO PRACTICE LANDLORD/TENANT LAW AND OTHER AREAS OF LAW

Q: My girlfriend and I have been searching for a new apartment in Ottawa. It seems everywhere we look, the landlord wants proof of full vaccinatio­n before they will take our applicatio­n. Can landlords demand this proof ?

A: Currently, getting vaccinated is voluntary. But in more and more areas of life, one needs to show proof of vaccinatio­n to fully participat­e.

Landlords are able to decide to whom they want to rent, so long as they do not use criteria that breach the Human Rights Code. Generally speaking, a landlord can refuse to enter a lease with a person who is not vaccinated against COVID-19. However, to comply with the code, a landlord has to make special allowance

for anyone who cannot become vaccinated for a medical or other protected reason.

Proof of vaccinatio­n is also a common screening tool for landlords who rent out part of the property they live in themselves. Shared living spaces pose increased risk of transmissi­on. By requiring prospectiv­e tenants to show proof of vaccinatio­n, the landlord is protecting themselves and their family from increased exposure to the virus.

If you have not been vaccinated and you do not have a valid reason not to be vaccinated, it is in your best interest to get vaccinated. The vaccine has proven safe and effective at reducing the rate of transmissi­on and the severity of symptoms of the virus. You can easily book an appointmen­t at a local vaccinatio­n clinic by going to covid-19.ontario.ca/book-vaccine and entering the necessary informatio­n.

Q: I have a medical condition that puts me at higher risk of serious health consequenc­es if a catch a COVID -19 infection. I live in an apartment building and use the elevator and common areas several times a day. Can I ask my landlord to demand the other tenants be vaccinated?

A: Your landlord can ask sitting tenants in the building to become vaccinated but most likely does not have the obligation, or the power, to require them to do so.

If you ask, your landlord may be open to making a special appeal to tenants to become vaccinated, noting that someone in the building is at high risk of a serious case. But you are ultimately responsibl­e for taking precaution­s to minimize your risk.

Even if everyone in the building were vaccinated, there is still a risk of infection. According to the Aug. 19 update from Ottawa's medical officer of health, the risk of being infected in an unvaccinat­ed person is more than 20 times than that of a person who is vaccinated. There are occasional breakthrou­gh cases in people who have been vaccinated, but fortunatel­y for them, COVID-19 vaccines have proven extremely effective in protecting the recipient against serious illness and death. Anyone who is able to be vaccinated should do so, as that is the best protection available.

As someone at higher risk of serious health consequenc­es, you should consider avoiding congregate settings including minimizing the time you are in common areas of the building.

You may want to wear a medical grade mask whenever you are out of your apartment. You may also want to check with your doctor about getting a third dose of the COVID-19 vaccine. As of Aug. 25 that became available to residents most at risk of serious illness.

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