Housing

Co-op housing eviction reform bill passes 2nd reading

May 22nd, 2013 by Celia Chandler

As PC MPP Peter Shurman noted at Queen’s Park on May 14, 2013, Bill 14, which will reform the evictions process for co-operative housing, took a whopping 15 hours and 36 minutes of debate time in the Ontario Legislative Assembly, but the bill has finally moved to the Legislative Assembly committee for fine‑tuning.   CHF representatives were there and I’m sure will continue to be there throughout to make sure that the sector’s goals are met.

We’re watching this Bill’s progress carefully so that we’re prepared to help our co‑op clients make the transition from one eviction system to another.

In the meantime, we’re working hard with our co‑op clients when they make difficult decisions to evict members who are not meeting the community standard of behaviour.  Our experience at the Landlord and Tenant Board (LTB) tells us that the same issues will apply when co‑ops are under their umbrella:  LTB decision‑makers must weigh issues of fairness and human rights in the same way that Superior Court justices do.   Removing someone’s housing is a decision no‑one ‑‑ from Co‑op Board members to landlords and to decision‑makers ‑‑ wants to make.  We applaud the careful attention that all of these groups must and do give.

The Responsible Housing Provider — Who can appear at the Landlord and Tenant Board?

March 28th, 2013 by Celia Chandler

A recent decision of the Superior Court of Justice may have an impact on housing providers who use the services of property managers.

In The Law Society of Upper Canada v. Enzo Vincent Chiarelli, Mr. Justice Goldstein ruled that Chiarelli can no longer appear on behalf of his clients before the Ontario Landlord and Tenant Board (LTB) because he is not licensed under the Law Society Act to provide legal services.

Continue reading “The Responsible Housing Provider — Who can appear at the Landlord and Tenant Board?”

The Responsible Housing Provider ‑‑ Proposed Amendment to the Residential Tenancies Act

March 27th, 2013 by Celia Chandler

The recently introduced bill related to co-op housing eviction reform included something new: an amendment to the Residential Tenancies Act that would allow the Landlord and Tenant Board to waive or defer application fees charged to low-income Ontario tenants.

This seems to have caught everyone off-guard including the PC housing critic who expresses his concern that while the filing fee is nominal, $45, this change could lead to an increase in tenant applications on an already over burdened system. Continue reading “The Responsible Housing Provider ‑‑ Proposed Amendment to the Residential Tenancies Act”

The Responsible Housing Provider ‑‑ Excessive Clutter

March 18th, 2013 by Celia Chandler

This is information only and is not intended to be taken as legal advice. If you have a case of excessive clutter, we urge you to talk to your lawyer and work out a plan that meets your  duties and minimises your liability.

Housing providers often ask: (1) how to clean up an excessively cluttered unit (often this is referred to using the term “hoarding”), and (2) whether they can evict the occupants. These questions raise a number of legal issues.

Human Rights: Excessive clutter can result from mental illness. The Human Rights Code obliges a housing provider to accommodate mental illness to the point of undue hardship. Undue hardship is a very high threshold, assessed on cost (including external funding), health and safety. Where there is a suspected or known mental illness, consult with a lawyer to find a way to satisfy the duty to accommodate. For example, providing the most appropriate help with fumigation preparation, often necessary in cluttered units, helps defend against allegations that you have not met the duty to accommodate.

Continue reading “The Responsible Housing Provider ‑‑ Excessive Clutter”

Appeals from decisions of the Landlord and Tenant Board should be “restricted”

December 14th, 2012 by Paula Boutis

Earlier this year, Justice Matlow made a plea that appeals from decisions of the Landlord and Tenant Board be “restricted” and that perhaps leave to appeal needed to be obtained before appeals could be brought.

We wholeheartedly agree that some kind of gatekeeper function is necessary to keep frivolous and meritless appeals out of the courts.  Continue reading “Appeals from decisions of the Landlord and Tenant Board should be “restricted””

Reform needed for the Residential Tenancies Act

November 10th, 2011 by Iler Campbell LLP

Iler Campbell has made a submission to the Ministry of Municipal Affairs and Housing regarding Notices of Rent Increase (NORIs) under the Residential Tenancies Act.  There is a need to amend the legislation to overcome a 2007 decision of the Court of Appeal which eliminated any limitation period for NORIs found to be “void”.  For full details see our submission (pdf).