Housing

Taking the fight for housing rights to court

December 18th, 2014 by Safia Lakhani

Earlier this year, we considered the Ontario Superior Court’s decision on the landmark Charter application regarding housing rights in Tanudjaja et al. v. the Attorney General (Canada) (“Tanudjaja”). The applicants, four individuals in precarious housing situations, requested the Superior Court make a declaration that the federal and provincial governments had violated their rights under the Charter of Rights and Freedoms: specifically, the right to life, liberty and security (Section 7), and the right to the equal protection and equal benefit from the law (Section 15), by failing to implement a national and provincial housing strategy.

Read more on rabble.ca

More news from the LTB on co-op evictions

December 3rd, 2014 by Celia Chandler

We are now aware of 26 co‑op eviction decisions released by the LTB.  Of those, we know that 17 settled at the Case Management Hearing stage.  Case Management Hearings are conducted primarily in person, but also by telephone on occasion.  Our experience at Case Management Hearings has been a positive one – the parties have come prepared to agree to repayment terms with an understanding of the consequences to co‑op members who default.   Unfortunately, across the province the LTB has reported that two of the settlements  have failed; in those cases, co‑op members who have agreed to settlements did not fulfil their terms and have been evicted as a result.     But as far as we know the remaining 15 settlements are in place and working to keep co-op members back on track with payments.

Continue reading “More news from the LTB on co-op evictions”

LTB co-op evictions – report on the first 10 orders

September 26th, 2014 by Celia Chandler

Since June 1, 2014, the Landlord and Tenant Board has handled co‑op evictions in Ontario.  So, I’m sure you’ll all wondering, how has it gone?  We were wondering too, so we reviewed the first ten orders that have been issued by the LTB and published on CanLII, Canada’s free on‑line database of legal decisions.

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Expiring co-op housing operating agreements: An opportunity for housing innovation

September 25th, 2014 by Celia Chandler

Canada Mortgage and Housing Corporation’s (CMHC) operating agreements with non‑profit housing co‑operatives and rental housing providers have begun to expire across Canada at a rapid rate. These agreements with their related mortgages, entered into under various federal programs between 1970 and 1994, supply housing providers with between 25 and 40 years of annual subsidy money to provide reduced monthly charges to a specified percentage of tenants and members who qualify for support. With the conclusion of these agreements and their related mortgages, housing providers will cease making mortgage payments, but at the same time, they will no longer receive housing subsidy payments — payments that subsidize some 200,000 households in Canada comprising half a million people. While not all subsidized housing providers in Canada get their subsidies through CMHC operating agreements, the potential loss is a big blow to the sector. This, on top of an already serious affordable housing shortage, is cause for concern.

Read more on rabble.ca 

The Responsible Housing Provider – lessons from court

July 21st, 2014 by Celia Chandler

We are often called on to give advice about neighbours who behave towards each other in ways that are less than constructive.  In previous blogs, we’ve referred to these neighbours as “the unco‑operative co‑oper”. But of course, unneighbourly behaviour goes way beyond the walls of housing co‑ops.   Landlords, condo boards, and boards of co‑ownerships are also routinely called upon to monitor behaviour that does not conform to the community standard.  Relationships that began cordially enough sometimes become tense over a simple misunderstanding and then left unchecked, tensions blossom into full disputes.

What should housing providers do?  Continue reading “The Responsible Housing Provider – lessons from court”

First Decision of the LTB related under Eviction Law Reform

July 9th, 2014 by Celia Chandler

On July 3, 2014,  a Hearing Officer with the Landlord and Tenant issued what we believe to be the first order of the LTB under the new co‑op eviction system – the file number is TNC‑00001‑14.

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