March 10th, 2009
Hon. Minister J. Watson
Ministry of Municipal Affairs and Housing
17th Floor
777 Bay Street
Toronto, Ontario M5G 2E5
Dear Minister J. Watson:
My name is ****** *******. I provide affordable housing in Toronto and Mississauga. I have written this letter to you because soon I will no longer be able to provide this housing which is an integral pillar of the Provincial Government’s Poverty reduction plan.
As a long term provider of quality, lower-cost, rental housing, the only way I see this need being met is with private housing involved. This system is in place in abundance in the United States.
Ontario Landlords providing this desperately needed housing are being forced out of business on three fronts; Provincial and Municipal regulations and fees, under the present situation it makes no financial sense to invest in private affordable housing and a Residential Tenancies Act that is heavily biased in favor of tenants.
I previously sent Minister Matthews a letter (via my MPP Charles Sousa) giving examples of exactly how the Province and Municipalities (in particular the City of Toronto) are discouraging private affordable housing and why this type of investment makes no financial sense for private investors. I have enclosed a copy of that letter for your information.
This letter to you, deals with specific changes that must be made to the Ontario Residential Tenancies Act, failure to do so will ensure the exodus of many more Landlords who are providing quality affordable housing.
It is a fact that the Ontario RTA is some of the most Landlord adverse legislation in North America. Both American and out of province Canadian Landlords are in disbelief of our RTA.
Below are some examples of problems Landlords face (in particular those with low-income rentals). While each problem alone may see petty to an outsider, I know first-hand that the cumulative total is such that it is no longer possible for private landlords to provide housing they can be proud of in the low cost rental market, and to make a profit that is comparable to other investments.
The RTA fails in two ways. It does not protect Landlords or their properties. It gives tenants preferential treatment.
The Residential Tenancies Act does not adequately protect Landlords and their properties.
Problem 1: The RTA allows a tenant to move anyone into the apartment permanently. The new occupant does not even have to give his/her name to the landlord. Under the RTA, the landlord can ASK the occupant for identification, but the occupant does not have to give ANY information.
If the original tenant moves out, the remaining occupant must be formally evicted and all the procedures and regulations of the Residential Tenancies Act must be followed. This is true even if the Landlord never accepted any rent payments from the remaining occupant.
The landlord is at a complete disadvantage and doesn’t even know the tenant’s name to write on the eviction notice. Even if an occupant has no proof that he/she is a bonafide tenant, police will not get involved. The Landlord must file for an eviction of an unauthorized occupant with the LTB. The LTB tells me it can take several weeks just to get a hearing and many more weeks for the occupant to actually leave!
This is from an actual phone call I had with the Ontario Landlord Tenant Board.
I wanted to know how to deal with a situation where a tenant moves in her unauthorized boyfriend, has a fight with him and then moves out, leaving him in the apartment.
The following is almost word for word.
Me: I’m a small LL in Toronto. I have signed a lease with a single tenant; she is listed as the only occupant on the lease. Her boyfriend has moved in. What are my rights??
Them: He is allowed to move in.
Me: can I ask him for his name and ID.
Them: yes you can ask.
Me: what happens if he does not want to give the info?
Them: he does not have to
Me: What happens if she moves out and he stays?
Them: You can file for eviction of an unauthorized occupant.
Me: how do I file and serve the papers if I don’t know his name?
Them: “that’s a good question” You can serve her with the notice.
Me: she has already left, she doesn’t live there anymore. And you have told me in earlier calls that once the tenant leaves the apt, the landlord tenant board has nothing to do with the matter anymore.
Them: I’ve been here 7 years and I don’t have an answer.
Me: Well it happens all the time, don’t you think it should be addressed in the residential tenancies act?
Them: (in a huffy voice) well it isn’t, call your MPP to change it.
Me: Thank you, that’s what I thought.
That was not a Laurel and Hardy comedy routine.
That was from a phone call I had with the Ontario Landlord Tenant Board at about 11:10 am July 31s/2008t.
Read the rest of the letter in the Guest Columnist Section
