HOUSING UPDATEs

Updated September 16, 2021

The headlines:
The moratorium on enforcement of residential evictions has been lifted. Eviction enforcement, including outstanding eviction orders, has resumed. We join our colleagues at the Advocacy Centre for Tenants of Ontario in calling for the LTB to pause hearings in order to fix the many Access to Justice issues that virtual hearings have exposed. 

Bill 184 has come into Effect
This new bill has important implications for tenants who have fallen behind in rent. In particular, if your landlord wants you to sign a repayment agreement outside of an LTB hearing or mediation, you should seek legal advice before signing. You should consider reasonable proposals, but if the landlord is proposing an unrealistic or unfair payment plan, you could be at serious risk if you sign a plan you cannot follow. It could lead to the termination of your tenancy without notice. See this information sheet from Advocacy Centre for Tenants Ontario about negotiating repayment plans with your landlord.

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The details:

Landlord and Tenant Board Hearings – Phone and Videoconference
The Landlord and Tenant Board (LTB) has started scheduling hearings by phone conference and by video conference. As the stay-at-home order has been lifted, the LTB has resumed issuing eviction orders, which can be enforced by the Sheriff. LTB offices continue to be closed. If you have a question regarding your hearing or application, and you live in downtown Toronto, you can email the LTB at [email protected] – be sure to include your file number. If you live in a housing co-op, you should email [email protected]

You can also call the Board at 1-888-332-3234 to check for updates, or check the status of your file ONLINE.

If you do not have access to a phone or computer/internet for your hearing, please contact NLS (or your local legal clinic) for assistance to ensure that you can participate in your hearing.

If you can’t pay rent
If you are struggling to pay your rent, you CANNOT be evicted without an Order from the LTB. You must first be served with a Notice of Termination, which gives you the opportunity to pay any outstanding rent within 14 days. You do not have to move out based on this notice.

Once that 14 days expires, the landlord can apply to the LTB for an eviction order. You will get notice of the hearing in the mail. It may take several months for the LTB to schedule a hearing.

You have a right to attend your LTB hearing. You can inform the LTB about your reasons for missing rent payment (ex. lost job, reduced hours, sickness etc.) and seek a payment plan for the rent. Your case will be stronger if you can show that you told the landlord, in writing (including email), about your challenges and tried to work it out with them.

Limit on 2021 Rent Increase
Landlords are not allowed to raise your rent in 2021, with some exceptions. Firstly, this “rent freeze” only came into effect on January 1, 2021 – so if your rent was increased before that, you are not protected by the freeze. Secondly, it does not apply to most Above-Guideline Increases – your landlord can still raise your rent for repair work if they get an order from the LTB. And thirdly, rents are not frozen for vacant units – landlords can still charge whatever they want to a new, incoming tenant.

The rent freeze applies even if your landlord gave you a Notice of Rent Increase before January 1, 2021, as long as the increase was to start in 2021 – that notice is no longer valid. The rent freeze also applies to units in buildings that did not have tenants before November 15, 2018, which are normally exempt from rent control.
 
If you live in a unit where your rent is based on your income (Toronto Community Housing, a co-op, or other social housing provider), your rent cannot be increased in 2021. You must still provide your income and asset documentation, but your rent cannot be increased. Your rent can be decreased, however, if your income goes down. It is best to submit documents by email so that you have proof that you gave them.

Tenants with Rent Subsidy (RGI)
If you live in a unit where you receive a rent subsidy (Toronto Community Housing, a co-op, or other social housing provider) and you have started receiving any of the new federal government benefits (such as the CERB or CESB) then you must report this income to your housing provider within 30 days of the change. Your rent will change, and in many cases it will increase. You should be prepared to pay increased rent and, if possible, set the money aside to cover your rent increase (30% of $2000.00 is $600.00 a month).

Usually Toronto Community Housing will exempt $75.00 of employment income from the RGI calculation. They are not giving that exemption for CERB income. A campaign is underway to demand that they apply the income exemption. We will provide updates on the status of the exemption here.

Help for electricity bills
Through the Low-income Energy Assistance Program (LEAP), low-income customers can get direct support to pay bills and ensure electricity and natural gas services are not disconnected during the COVID-19 outbreak. If you are behind on your bill and may have your service disconnected, you could qualify for:
• $500 for electricity bills ($600 if your home is heated electrically)
• $500 for natural gas bills.

Homeless Encampment Litigation
In partnership with lawyer Selwyn Pieters, NLS brought an application in Superior Court in 2020 to prevent the City of Toronto from clearing homeless encampments in City parks during the COVID-19 pandemic. We are representing 14 current and former encampment residents, and two organizations (Toronto Overdose Prevention Society and the Ontario Coalition Against Poverty), who argue that it would violate the Charter rights of homeless individuals to forcibly remove them from encampments or to destroy their tents and survival supplies while they are sheltering in place without individualized accommodations for their particular needs. One of the largest encampments, Moss Park, is directly within our community. The applicants sought an interim injunction to prevent the City from clearing the encampments until the full case could be heard. This decision - Black et al v. City of Toronto -  released October 21, 2020, was unsuccessful. While this is disappointing, we invite you to read our analysis of the decision here.  

Another lawsuit has been filed by a coalition of organizations regarding shelter standards, to ensure that shelters allow for physical distancing and follow all public health and safety measures. While an interim settlement was reached, the coalition brought the City back to court due to concerns that they were not complying with their obligations.

Since mid-March 2020, at least 1556 people in the shelter system have tested positive for COVID-19, and 9 have died. COVID-19 remains a serious problem for people experiencing homelessness in Toronto, particularly during this third wave as shelter outbreaks are once again rising.  We believe that the City must negotiate with homeless encampment residents to find safe, stable housing solutions that are acceptable to them, without the threat of forcible removal or destruction of property.