A complaint lodged with the Yukon Human Rights Commission regarding a tenant-landlord dispute allegedly involving discrimination and harassment was heard by an independent panel of adjudicators from March 18 to 19.
The commission is seeking remedies for damages to dignity, financial losses due to discrimination, mandatory human rights training for the respondents and payment of the commission’s costs by the respondents.
Tenant Sophia Hosni filed the complaint in December 2020, alleging that Rhonda Sam discriminated against her based on disability and source of income and that Fritz Mandl made racially derogatory comments toward her based on ancestry.
Human rights lawyer Michael DeRosenroll represented Hosni, guiding the presentation of evidence through witness testimonies to the panel of adjudicators. Sam, the property manager, and Mandl, the property owner, were not present during the hearing.
The commission is taking the position that Sam discriminated against Hosni based on disability and income due to substantial evidence supporting these claims, according to a March 13 press release.
However, the commission is not taking a position on Mandl's alleged racial harassment initially, as evidence is limited to competing verbal statements, the release reads.
In November 2020, adjudicators heard that Hosni responded to an ad on Facebook from Sam for a room rental in Whitehorse. Hosni viewed the room, a basement suite with a bathroom but no kitchen and paid a $500 damage deposit.
Hosni and Sam discussed signing a lease to take effect around December 9, 2020, after Sam's return from a vacation in Florida. During their discussions, Hosni confided in Sam about her recovery from drug addiction and her four months of sobriety.
“Keeping in mind that disability is a prohibited ground of discrimination, and as such, the disease of drug addiction is a prohibited ground,” DeRosenroll said.
Hosni met with Sam again and received a copy of the proposed lease agreement, which Hosni claimed she did not sign at the time. Hosni testified that upon receiving the lease agreement, she was advised by her sister to have the Residential Tenancies Office (RTO) examine the lease.
Hosni testified that the RTO evaluated the lease agreement and advised her that the rental unit did not meet legal requirements because of a lack of access points and the unit not having proper kitchen amenities.
Hosni testified that she informed Sam through text message that she would not proceed with the rental due to COVID-19 concerns at the time. Over the next two days, it is alleged that Sam sent over 20 text messages to Hosni, which Hosni described as overwhelming and threatening.
Sam was then alleged to have left a voicemail for Hosni, berating her over the phone. Hosni alleges she then received a threatening phone call from an unknown number shortly after Sam was alleged to have sent harassing text messages, where a man unknown to Hosni told her to "watch her back."
Sam’s harassing messages to Hosni allegedly included references to her addiction and relationship history, financial situation, personal character attacks and threats to cut off her income.
Hosni began moving furniture into the property before signing the lease agreement, adjudicators heard.
Hosni testified that she attempted to retrieve her belongings with her sister from the rental property on Nov. 30, 2022. The landlord, Mandl, refused them access, citing instructions from Sam. The RCMP eventually intervened, allowing Hosni to retrieve her belongings.
During the hearing, it was alleged that Mandl made racially discriminatory comments when Hosni and her sister were retrieving her belongings from the basement suite. Mandl reportedly referred to them as "a couple of Indians off to your next scam” and made several other racist remarks targeted at Indigenous people.
Hosni testified that these remarks were directed at her sister and that she was unsure why these racist remarks were made as she and her sister do not identify as having Indigenous ancestry.
“I wasn't entirely sure why he would say something like that, especially since quite blatantly, I did not look Indigenous,” Hosni said.
DeRosenroll emphasized that these comments could be judged as discriminatory harassment. This means the comments must be part of ongoing offensive behaviour and that the person making them should know they are unwelcome.
Despite this, the Commission is not explicitly taking up the position that Hosni was racially harassed as the comments were not explicitly said to the complainant and were instead said to Hosni’s sister within earshot. This jurisdictional issue complicates the pursuit of the specific claim, DeRosenroll said.
The panel indicated that for a racial discrimination complaint to be valid, the person who experienced the discrimination must file the complaint. Since Hosni is filing on her own behalf, the Commission is hesitant to investigate the specific incident involving her sister further.
DeRosenroll presented arguments before adjudicators at the MacBride Museum in Whitehorse. Adjudicators Judith Hartlin, Julie Jai and Carol Geddes are set to decide whether to order the respondents to comply with remedies set out by the commission within 30 days of the March 19 hearing.
Contact Jake Howarth at jake.howarth@yukon-news.com
