Eviction Prevention Strategies

The Community and Neighbourhood Services Committee recommends the adoption of the report dated May 4, 1999, from the Commissioner of Community and Neighbourhood Services, subject to amending Recommendation No. (1)(d) to read as follows:

"(1)(d)$97,510.00 to the Federation of Metro Toronto Tenants' Associations, such funds to be distributed on a quarterly basis, to continue to operate the Tenant Hotline in 1999, subject to a service review by City staff during 1999 within the context of an overall strategy to reduce evictions and a report back to the Community Services Committee this fall on the results of this review, and recommendations for 2000;".

The Community and Neighbourhood Services Committee reports, for the information of Council, having requested the Commissioner of Community and Neighbourhood Services to:

(a)provide the Community Services Committee with:

(i)data on whether the growth in the rate of Writs of Possession is negative or positive under the Tenant Protection Act, compared to the six previous years under the Landlord and Tenant Act;

(ii)a report on the rates of growth in rental housing accommodation, including apartments in houses and rental accommodation in condominium buildings, for Toronto in the years 1992-1999 inclusive;

(iii)a report on the percentage of eviction applications and Writs of Possession which are for affordable housing units; and

(iv)a report on the eviction prevention measures for the Toronto Housing Company Inc. and the Metropolitan Toronto Housing Authority properties, including an assessment of their effectiveness; and further that the appropriate staff consult with existing tenant associations in the preparation of this report;

such reports and data to be included with the service review report to the Committee;

(b)contact City Councillors and their staff to see whether there is a need to organize a briefing session on tenant issues, which would outline current tenant law and focus on municipal issues impacting on tenants;

(c)review the feasibility of City-sponsored information sessions for tenants in buildings approved for funding under the Residential Rehabilitation Assistance Program;

(d)develop a protocol with respect to the relocation of tenants from either private or public housing because of concerns for safety; and

(e)forward a memorandum to all housing staff advising that if any staff experience problems in their dealings with members of the Federation of Metro Toronto Tenants' Associations, or by anyone on the Federation's behalf, such actions are to be reported to the Commissioner of Community and Neighbourhood Services.

The Community and Neighbourhood Services submits the following (May 4, 1999) from the Commissioner of Community and Neighbourhood Services:

Purpose:

To report back on results of 1998 eviction prevention programs, and to make recommendations for 1999 programs.

Funding Sources and Financial Implications:

The 1999 Operating Budget, Shelter Housing and Support Division, which was approved by Council April 26, 1999, includes $55,000.00 for eviction prevention projects and $97,510.00 for purchase of tenant hotline services from the Federation of Metro Toronto Tenants' Associations.

Recommendations:

It is recommended that:

(1)the Commissioner of Community and Neighbourhood Services be authorized to disburse funding in the approved Shelter, Housing and Support Operating Budget for eviction prevention as follows:

(a) $20,000.00 for development and distribution of an Eviction Prevention Kit, to a group selected by the Commissioner of Community and Neighbourhood Services through a request for proposals process, which will comprise a package of eviction prevention information tools and implementation of a communication and outreach program to community agencies about the kit and how it they can use it to help prevent evictions and maintain tenancies for their clients;

(b)$25,000.00 to the Centre for Equality Rights in Accommodation to operate a three-month pilot project to test the effectiveness of an early intervention program which would use application data from the Ontario Rental Housing Tribunal to pro-actively provide information to tenants most in need of assistance;

(c)$10,000.00 to the Federation of Metro Toronto Tenants' Associations to update, print and distribute their 1998 "The Tenant's Survival Manual" which addresses a broad range of tenant issues, and to develop, print, translate and distribute two "checklists" as shorter companion pieces to the Manual; and

(d)$97,510.00 to the Federation of Metro Toronto Tenants' Associations to continue to operate the Tenant Hotline in 1999, subject to a service review by City staff during 1999 within the context of an overall strategy to reduce evictions and a report back to the Community Services Committee this fall on the results of this review, and recommendations for 2000;

(2)with respect to actions the Province can take to prevent evictions, it is recommended that Council write to:

(a)the Minister of Municipal Affairs and Housing to request that Section 177(1) 5(2) of the Tenant Protection Act, 1997, be amended so that a tenant wishing to dispute an application to terminate a tenancy would have fourteen calendar days after the notice of hearing to file that dispute, rather than five days as at present;

(b)the Ontario Rental Housing Tribunal to request that the Notice of Hearing form for a landlord's application to terminate a tenancy be redesigned in consultation with tenant organizations to make it clearer to tenants how they may dispute the application and the implications of not doing so, and to request that fees be waived for all landlord and tenant applications related to rent regulation; and

(c)the Ministry of the Attorney General to request that additional funding be provided to the community legal aid clinics through the Legal Aid Fund to:

-provide more representation to tenants at Ontario Rental Housing Tribunal hearings and mediations in response to the need for service;

-undertake additional community education and outreach about eviction prevention; and

-request that stable and permanent funding be provided for Tenant Duty Counsel for the three offices of the Tribunal in Toronto.

Executive Summary:

Evictions are costly to the individual and families who lose their home, to the landlords who lose revenues, and to the public because evictions add pressure to the already overburdened emergency hostel system.

The Tenant Protection Act (TPA), which became law June 1998, has made a number of significant changes to rules around the eviction process and rent setting. There is widespread concern among tenant organizations that the TPA is causing an increase in evictions by:

(1)complex process and shorter timelines to evict tenants make enforcement of rights difficult;

(2)vacancy decontrol of rents which may have created an incentive to enforcing eviction orders;

(3)loosening-up of rent setting rules may make units less affordable; and

(4)repeal of legislation which protected units from conversions and demolitions (Rental Housing Protection Act) which may further drive up rents as vacancy rates continue to remain low.

Early indicators suggest the concerns are grounded in fact. CMHC's October 1998 survey, less than three months after the new law came into effect, revealed that average market rents in Toronto had increased by 7 percent over 1997 levels. About 15 percent of the City's private rental housing stock is subject to applications for above guideline rent increases of up to 7 percent to 9 percent, and tenant organizations are reporting that when tenants move into a new unit, the rent is 20 percent to 30percent higher than the rent paid by the previous tenant (vacancy decontrol). Eviction applications have been increasing steadily at a rate of about 9 percent annually since 1993. Less than 50 percent of tenants dispute eviction applications, resulting in default eviction orders. Only about 25 percent of tenants who have a hearing date can be assisted by Tenant Duty Counsel, primarily because of insufficient resources.

In the City's effort to shift away from emergency responses to homelessness to preventative approaches, eviction prevention is emerging as a key area for funding and program support. In 1998, Council approved an eviction prevention strategy which included a series of eviction prevention activities. Primary among these were $55,000.00 allocated through a competitive process for eviction prevention projects, $97,510.00 allocated through a purchase of service to operate a tenant hotline, and $50,000.00 allocated through a competitive process for a rent bank pilot project. In March, Council approved giving consideration to increasing the rent bank funding by $200,000.00, using the Provincial Homeless Initiatives Fund, subject to the results of a program evaluation. The program evaluation is underway, and results will be reported this summer or fall.

An interim report on the 1998 eviction prevention projects was provided to Community and Neighbourhood Services Committee in September 1998. This report outlines the final results of those projects, and makes recommendations for 1999 projects:

-a pilot project whereby tenants who have had applications for eviction filed against them who are most in need of assistance would be pro-actively contacted and offered information and assistance;

-development and distribution of an Eviction Prevention Kit to community organizations which they can use as part of their programs working with their clients;

-funding the tenant hotline service for 1999; and

-developing, updating, translating and reprinting of informational materials.

This report also addresses three recommendations of the Mayor's Homelessness Action Task Force which relate specifically to evictions.

This report relies upon the comprehensive work presented in a detailed background paper about eviction prevention by Linda Lapointe¹ prepared for the Mayor's Homelessness Action Task Force. (¹ Background Report to the Mayor's Action Task Force on Homelessness, Options for Eviction Prevention, Lapointe Consulting Inc., November 1998). Additional assistance was provided by the organizations who delivered the 1998 eviction prevention projects, and by representatives of Community Legal Services, Tenant Duty Council project, Housing Help Centres, Ontario Rental Housing Tribunal and the Ministry of Municipal Affairs and Housing (Community Partners Unit and Enforcement Unit).

1.0 Introduction:

Evictions are costly to the individuals and families who lose their homes, to the landlords who incur lost revenue and costs, and to the public because they add pressure to the already overloaded emergency shelter system and undermine the stability of the lives of individuals and families. The Mayor's Action Task Force on Homelessness (Task Force) viewed preventing evictions as a key part of a strategy to prevent homelessness.

The City incurs costs when evictions occur. Background research for the Mayor's Action Task Force on Homelessness found that some 12 percent of shelter users identified eviction as the reason for moving to a hostel². (² Background Report to the Mayors' Action Task Force on Homelessness, "A Profile of the Toronto Homeless Population", Springer, Mars, Dennision, November 1998, p.14) More recent statistics from the City's shelter family intake unit show that almost 40 percent of households requesting shelter space do so for reasons related to eviction. With the cost of a shelter bed ranging from $43.61 per night to $1,200.00 per month, and growing need (12percent increase projected for 1999), it is clear that eviction prevention programs are not only compassionate, they can save money.

Eviction activity tells us a lot about the health of the City's rental housing market because evictions can be related to just about every aspect of rental housing - rent levels, supply, vacancy, demand for shelter space, etc. In Toronto, the number of evictions has increased steadily since 1993. Between 1992 and 1997, when evictions were regulated under the Landlord and Tenant Act (LTA) through the court system, there was a dramatic 78 percent increase in the number of evictions enforced (writs of possession executed by Sheriff's office - from 1,770 in 1992 to 3,157 in 1997)³. (³ Lapointe, p.i.) In 1998, applications for eviction under the LTA (January to June) and under the TPA (June to December) totalled 26,712, an increase of 13 percent over 1996.

Since the vast majority of evictions are due to arrears (approximately 75 to 85 percent), evictions reflect income trends, such as labour market and social benefit program changes. The Task Force has made a number of recommendations about increasing the amount of money tenants have available to pay their rent. Further information about income strategies are provided in the Commissioner of Community and Neighbourhood Services report, entitled "The Mayor's Homelessness Action Task Force Final Report: Policy Directions related to Community and Neighbourhood Services", submitted to the joint meeting of the Community and Neighbourhood Services and Urban Environment and Development Committees on May 3, 1999.

Evictions also reflect changes in the cost of rental housing, and preventing evictions can help to maintain the affordability of rental housing stock. The TPA permits the rent to be increased when a new tenant moves into a unit, even if the amount is higher that what the previous tenant paid (vacancy decontrol). Given the low vacancy rate (on average just 10 units for every 1,000 since 1994), and ongoing increases in demand (Task Force predicts additional 3,800 to 4,800 households per year from 1996 to 2001, with about one-half needing below market rents) there is significant pressure to increase rents. According to CMHC's market survey, October 1998 rents were already, on average, 7 percent higher than market rents from the previous year. The October 1999 survey may show an even higher percentage as the full impacts of the TPA begin to be revealed⁴. (⁴ Impacts primarily include vacancy de-control and OHRT ordered increases above the guideline for capital expenditures completed since June 25, 1996, and subject of an application by the landlord.) Task Force research found that for each year between 1991 and 1996, about 11,000 low-cost rental units in the private sector shifted into middle range rents because rents are rising faster than inflation.^{5 (5} Mayor's Action Task Force on Homelessness, "Taking Responsibility for Homelessness: An Action Plan for Toronto", 1999, p.138.) This "rent creep" will likely be even more pronounced in the future as the TPA has less restrictive rent setting rules than legislation in place during 1991 to 1996.

At the same time that rents are increasing, the City is losing rental housing. The TPA, which replaced the Rental Housing Protection Act (RHPA), reduces municipal authority over changes to rental units. Although municipalities still have some authority under the Planning Act to restrict demolition of units or conversion to condominium, the City no longer has the authority to regulate conversions to other uses or renovations, which has severely constrained the City's ability to restrict losses to rental housing stock. Indeed, since the TPA became law, the City is already aware of 1,483 rental units which, if the applications are approved, may be demolished through condominium redevelopment proposals where additional height and/or density is being sought (13 projects). This total excludes demolitions where no height and/or density is being sought.

At its meeting on March 2, 3 and 4, 1999, Council approved a policy which will enable staff to seek replacement of rental units for properties that require Council's approval for increases in density and/or height. Council also requested authority from the Province for special legislation on demolition control which would extend the special legislation of the former City of Toronto to all of the new City.

The private sector cannot respond to demand as long at the cost of building and operating rental property is not economically feasible at mid- and low-rent levels (although the drop in mortgage financing costs and reduced municipal property taxes if building registered as condominium have improved the situation for high-rent units - over $1,300.00 per month; recently announced provincial sales tax waiver on construction materials for rental may also impact). According to CMHC, in 1998 private rental construction starts totalled just 159 units.

Mayor's Homelessness Action Task Force:

The Report of the Mayor's Homelessness Action Task Force outlined the importance of eviction prevention as a strategy to avoid homelessness. There are three recommendations which relate to specifically to evictions and eviction prevention:

No. 43The Provincial legal aid plan and its successor should ensure adequate funding for community legal clinics for tenant assistance, and maintain its funding for tenant duty counsels.

This recommendation is about the importance of adequate funding for community legal clinics not only to provide representation and advice, but also so that they can undertake community outreach and support, on a permanent basis, tenant duty counsel operating out of Ontario Rental Housing Tribunal offices. One of the 1998 eviction prevention projects provided City funding to a legal clinic to undertake this work along with mediation. This report recommends supporting the Task Force recommendation that the Province provide adequate funding to legal clinics.

No. 44The City should ensure sufficient funding for the FMTA Tenant Hot Line to ensure that callers can get through to receive information.

This recommendation is the subject of a motion passed by Council at its meeting March 2, 3 and4,1999, requesting the Commissioner of Community and Neighbourhood Services to submit a report to the Municipal Grants Review Committee on the implications of Recommendation No. (44) of the Mayor's Homelessness Task Force. This report recommends that the City purchase tenant hotline services in 1999 at the same cost as in 1998 ($97,510.00), undertake a review of the hotline service, and report back on the results of that review and recommendations for 2000. A separate report will be made to Municipal Grants Review Committee regarding the need for additional funding to improve the level of service.

No. 101In conjunction with legalization of second suites, a "fast-track" eviction procedure should be established at the Ontario Rental Housing Tribunal, applied to tenants renting suites in owner-occupied properties with only one rented unit.

This recommendation is the subject of a motion made at the February 17, 1999, meeting of the Strategic Polices and Priorities Committee based on Report No. 5, Clause No. 2, "Response to the Mayor's Homelessness Action Task Force Final Report":

"The Task Force's Recommendation No. 101 concerning evictions, as it pertains to high-rise and multi-residential buildings, be referred to the Council Strategy Committee for People without Homes with a request that the Committee work with staff and the public to review the City's eviction prevention strategy and the impact of the new provincial legislation concerning evictions."

The Task Force recommendation applies to tenants renting suites in owner-occupied properties with only one rented unit. The TPA has already significantly shortened the length of time it would take to process an eviction application, and this should be sufficient for landlords with single units. For example, the length of time to dispute an application to terminate a tenancy has been reduced from fourteen days to just five days. Therefore, this report does not endorse the concept of establishing a faster eviction process for tenants as recommended by the Task Force.

2.0 Legal Context:

The TPA was proclaimed June 17, 1998. It replaces and combines prior legislation which addressed the landlord and tenant relationship (the Landlord and Tenant Act) and legislation which established rent setting rules (the Rent Control Act). The TPA repealed the Rental Housing Protection Act, which gave municipalities power to make decisions about loss of rental housing. It consolidates provisions of the prior Residents Rights Act (care homes), land lease legislation (mobile home parks) and the Municipal Amendment Act (vital services).

Until the TPA became law, rules about evictions were set out in the Landlord and Tenant Act (LTA), and administration was carried out through the court system. Now applications formerly made under the LTA and rent control applications are decided by a quasi-judicial agency of the Province, and the Ontario Rental Housing Tribunal (the Tribunal). The TPA includes many of the same rules as the LTA, and has added rules to clarify some elements of the LTA based on case law (such as what to do with tenant possessions, and pets in units). Among the most important changes are those which relate to procedures, timelines and administration. Another change is the loosening up of rent setting rules, meaning that rents can be higher than under prior legislation, possibly contributing to an increase in evictions due to rent arrears.

Under the TPA, the eviction process is very similar to the LTA process, however, a key difference is that timelines are significantly shorter. Tenants now have only five calendar days after being served notice of an application to terminate their tenancy to file a dispute, in comparison with fourteen days under the LTA. In addition, the dispute must be filed in writing whereas under LTA it could be verbal. If the tenant does not file the written dispute there is no hearing, and a default order evicting the tenant will be issued (in some circumstances, the default order can be "set aside").

Reasons for evictions under the TPA have not changed significantly from reasons under the LTA. The reason determines whether or not the tenant has the option of voiding the notice of termination by taking certain action called "remedy". For arrears of rents, tenants who pay rent monthly have fourteen days to pay the arrears, otherwise the landlord can file an application to terminate the tenancy. The remedy period is seven days for damage, interfering with reasonable enjoyment, and overcrowding. Tenant organizations report that tenants will often ask friends or family members to move out when the ground is overcrowding, even if the number of people in the unit is below municipal occupancy standards.

Even tenants who do not owe arrears can be evicted if they persistently pay their rent late, and there is no remedy period. Other grounds without remedies include personal use by landlord or family, illegal act, impaired safety and misrepresentation of income. Although remedy is not possible, tenants can dispute the termination application.

Appendix A outlines the various grounds for eviction applications and the timelines for serving notices, hearings, and remedies.

A positive change under the TPA is that the range of matters addressed by the Ministry of Municipal Affairs and Housing's Enforcement Unit now include former landlord and tenant matters, in addition to rent regulation issues. Tenants and landlords can file complaints, the unit can investigate, and if there is merit, the complaint can proceed through review, mediation and, ultimately, legal action by the Ministry. Between June 17, 1998 to February 19, 1999, 1,297 complaints were made in Ontario by tenants against their landlords, and 99 by landlords against their tenants. Of the 899 complaints filed for which we have information about disposition, more than 60 percent proceeded to some form of review or action.

2.1Improving the Legal Framework:

Currently the tenant has just five calendar days in which to file a dispute if they want to have a hearing. This is generally not enough time to get legal assistance. Between June and February, 52percent of applications for arrears were decided through default orders (tenant did not dispute) and 23 percent of applications for other reasons were decided through default orders (Tribunal workload data June-February). It is likely that many more tenants did not wait for an application for eviction to be filed, and responded to the notice of termination or eviction application by simply vacating the unit. Tenant organizations report that notices are not always understood and tenants may agree to very onerous terms during the mediation process which later result in eviction.

This report recommends that Council write to the Province to request that Section 177(1) 5(2) of the TPA be amended so that a tenant wishing to dispute an application to terminate a tenancy would have fourteen calendar days after the notice of hearing to file that dispute. This report also recommends that Council write to the Tribunal requesting that the Notice of Hearing form for a landlord's application to terminate a tenancy be redesigned to make it clearer to tenants how they may dispute the application and the implications of not doing so.

In addition to changes in timelines and forms, another change made under the TPA is that tenants and landlords must now pay a fee to enforce the Province's rent rules. Presently, if a tenant believes the landlord is breaking the law and charging an illegal rent, for example, the tenant must pay a $45.00 application fee (the adjudicator can order that the landlord or other party repay the fee). The result is that tenants may not be filing applications because of the cost. This report recommends that Council write to the Tribunal requesting that fees be waived for all landlord and tenant applications related to rent regulation.

Legal Information and Support:

Legal assistance helps to reduce evictions. It puts tenants and their landlords on a more equal footing, and can prevent situations whereby tenants are evicted because they did not know how to participate in the hearing or mediation process.

Legal information and assistance is available through 17 community legal services clinics and by Tenant Duty Council. Community legal clinics in Toronto provide legal assistance on a range of matters to people who meet income eligibility requirements. The greatest demand is for assistance to tenants around evictions and other tenant/landlord matters and assistance around income maintenance programs⁶. (⁶ Lapointe, p. 24, based on Oct. 1998 survey of 10 clinics.) Legal Clinics directly prevent evictions by providing legal advice and representation, but do not have sufficient staff resources to meet demand. Tenant Duty Counsel statistics for July to December 1998 show that for tenants who do get to a hearing for their eviction application, just 25 percent receive assistance from Tenant Duty Counsel, primarily because need outstrips resources.

The Ontario Legal Aid program provided funding for four Tenant Duty Counsels to work out of the three Toronto Tribunal Offices for a nine-month pilot project. The initial funding ended March31,1999, although funding has been extended on a monthly basis. Tenant Duty Counsel are lawyers located on site at Tribunal offices to provide on-the-spot advice and, when time permits, provide emergency representation of tenants at hearings. They are often a "last resort" source of assistance for tenants facing eviction. The functions of the tenant duty council complement the more in-depth services provided by legal clinics.

This report recommends that Council write to the Ministry of the Attorney General to request that additional funding be provided to the community legal aid clinics through the legal aid fund to:

-provide more representation to tenants at Tribunal hearings and mediations in response to the need for service;

-to undertake additional community education and outreach; and

-to request that stable and permanent funding be provided for Tenant Duty counsel for the three offices of the Tribunal in Toronto.

3.01998 City of Toronto Eviction Prevention Projects:

As part of the 1998 eviction prevention strategy, the City allocated $55,000.00 through a request for proposals process for eviction prevention projects and selected three organizations to receive support. The City also provided $50,000.00 for a rent bank pilot project through a request for proposals process, and purchased tenant hotline services to provide general information about landlord and tenant matters, including evictions. This section reviews the 1998 eviction prevention projects. Copies of the final reports for each of the three organizations are on file with the City Clerk's Division.

With respect to the rent bank pilot project, the Commissioner of Community and Neighbourhood Services will report back this summer/fall on the rent bank pilot project, including consideration of providing an additional $200,000.00 to this project from the Provincial Homelessness Initiative Fund as requested by Council in March 1999.

3.1West Toronto Community Legal Services (WTCL) and Three Partner Agencies:

This eviction prevention program involved training community peer advocates to undertake outreach to tenants and landlords with the goal of resolving landlord/tenant relationship issues and reducing abrupt termination of tenancies which may lead to homelessness. The most important feature of this program was that it was directed at serving the specific needs of a community (e.g., language accessibility, peer support model). Major activities included:

-organizing/participating in seven information forums for tenants in three languages (Italian, Somali, Turkish) attended by nearly 200 people;

-focus group discussions for landlords to brainstorm eviction prevention from a landlord's perspective;

-mediation between landlords and tenants which, over a period of five months, assisted 36individuals/households; and

-articles about eviction prevention in a newsletter with 10,000 circulation

As a result of the landlord forums, a WTCL lawyer now sits on a working group with a social housing provider to develop strategies to assist tenants who have rent arrears and provide legal advice.

We have learned that tenants are not likely to attend general information forums unless they have a specific issue at the time, however, "piggy-backing" the information onto other forums or tenant activities to improve general awareness is very effective. It is useful to educate the various community agencies who work with tenants about eviction prevention (referrals, distribute information, etc.). We also learned that there is a great need for multi-language information.

Working directly with landlords to prevent evictions can be effective, especially around exploring and communicating alternative solutions, and we need to find ways to more effectively work with private sector landlords in particular. Staff will be reporting to Municipal Grants Review Committee to request that the annual $5,000.00 community grant provided to the Landlord Self-Help Clinic be continued as one way of ensuring landlords, especially those with few units, can learn more about their rights and obligations.

Mediation can be more effective if it occurs early in the process and if combined with a rent bank type of program⁷. (⁷ Lapointe, p. 26-27.) The WTCL project will continue to operate during 1999 with funding from the Provincial Homeless Initiatives Fund.

3.2Centre for Equality Rights in Accommodation (CERA):

The eviction prevention program run by CERA recognized that, in some cases, the best option is for the tenant to find alternate accommodation because their incomes were so low they would always be at risk of eviction. Therefore, part of the program was targeted at tenants who encountered discrimination in searching for more affordable and appropriate accommodation, as well as those who wanted to remain in their unit, through the following activities:

-production of a detailed plain language pamphlet concerned eviction and tenants' rights in English and five other languages;

-promotion of CERA's activities through advertising in print media and via Internet;

-mediation and representation services to 117 tenant households over a period of f ive months with 58 percent resulting in the tenant securing the desired accommodation or maintaining current accommodation, 15 percent securing other appropriate accommodation and about 12percent pursuing a formal human rights complaint to the Ontario Human Rights Commission with the assistance of CERA staff; and

-provided summary advice and assistance to 500 tenants over a period of five months, with 55percent related to human rights and housing matters, 41 percent related to eviction and the TPA, and 5 percent being referred to housing help centres.

Tenants sometimes will leave a unit even though the basis for the eviction is not valid or legal, and having left the unit, barriers to finding a new home are not just economic. Informing both landlords and tenants about rights and responsibilities can help avoid these "voluntary evictions". This report recommends development and implementation of an eviction prevention kit.

Sometimes helping tenants find another place to live is the best solution, especially where the disparity between income and rent is so large that eviction is likely in the future. Some tenants need help to attain new housing, and direct mediation/representation can make a difference.

3.3Telephone Hotline Services by the Federation of Metro Tenants' Associations (FMTA):

During 1998, FMTA was involved with two separate but related initiatives, (1) regular daily tenant hotline service, and (2) eviction hotline service.

The daily tenant hotline service operated from 10:00 a.m. to 6:00 p.m. weekdays to provide information to tenants about rights and responsibilities. FMTA has operated this service since 1976. The service is funded through a purchase of service from the Shelter Housing and Support Divisional operating budget ($97,510.00 in 1998). In 1998, staff responded to almost 7,500 calls. About 25percent of calls to the hotline are related to evictions (not including calls to the separately funded eviction hotline), and another 19 percent are related to maintenance (which can sometimes result in evictions either through demolition/renovation, or because tenants withhold rent and are terminated for arrears).

FMTA's eviction hotline service provided a dedicated telephone hotline during weekday evenings from 6:00 p.m. to 9:00 p.m. to answer inquiries from tenants facing eviction. The eviction hotline hours were in addition to the regular tenant hotline hours. Over a four-month period, the hotline recorded a total of 650 calls. At the same time, the daytime hotline service received a significant number of calls, most of which were concerned with evictions. Of the total calls to the eviction hotline, about one-third were concerned mainly with eviction issues while one-quarter were related to building maintenance and repair issues, but inquiries often involved inter-related issues.

FMTA was also involved with the other projects: participating in all community forums/workshops given as part of WTCL's project and shared a workshop with CERA on the effects of the TPA to a conference of Housing Help Centres.

The results of the regular tenant hotline and eviction hotline speak to the need for more phones/staff to handle the calls, and the value of providing extended hours of service. The Task Force has also recognized the value of the hotline service as a means to prevent evictions, and recommended that the City provide additional funding to ensure callers could get through to receive information (Recommendation No. 44). This report recommends continuing the purchase of service for the regular tenant hotline service for 1999. The Commissioner of Community and Neighbourhood Services will be reporting to Budget Committee on the implications of Task Force Recommendation No. 44.

4.01999 Proposals for Eviction Prevention Projects:

Eviction prevention is complex, and a multi-faceted, co-ordinated approach is the most effective way of responding. Staff of the Shelter, Housing and Support Division have begun work to review the role of the City in providing supports to tenants, and to understand how the City can work with the already considerable supports which exist in the community. For example, examining how the City's homelessness initiatives program, the City-administered Provincial Homelessness Initiatives grant, and City Community Grants which relate to eviction prevention, can be better integrated along with other eviction prevention initiatives. The 1999 Proposals recommended by this report are intended to contribute towards the development of a much more comprehensive program of tenant services, while addressing the immediate need to prevent evictions. An outline of each proposal is provided in Appendix B.

The proposal outlined in this report are focused on City funding for eviction prevention which is currently available. In March, the Province announced an additional $3.7 million for City administered Provincial Homeless Initiative Funding. Although details about how the funding can be used are not yet available, we anticipate that some portion may be used to fund additional eviction prevention activities. When details become available, the Commissioner of Community and Neighbourhood Services will report back to the Community Services Committee with recommendations for how the fund may be used.

Information to Landlords and Tenants:

A basic component of the strategy is information and education for both landlords and tenants about eviction matters, and rights and responsibilities in general. The TPA is new, the process is complex, and tenant organizations report that evictions occur in some cases simply because of lack of knowledge. Given the very short timelines in the process, it is critical that information and assistance be available immediately.

There is already a well established network of organizations in Toronto which provide information to both tenants and landlords (see section 4.2 Lapointe for further information), however, funding cuts have impacted on their ability to do community education and outreach.

Eviction Prevention Kit:

A key element proposed for the 1999 is development and distribution of an Eviction Prevention Kit. It is recommended that $20,000.00 be provided through a request for proposals process to develop a package of eviction prevention information tools and to implement a communication/outreach program to community agencies about the kit and how they can use it to help prevent evictions and maintain tenancies. The Kit and implementation strategy would be developed and administered with the co-operation of Community Legal Clinics and Tenant Duty Council, FMTA, Housing Help Centres and other landlord and tenant organizations. The kit would provide information in a number of languages and formats, and would include information about referrals including key contacts. The implementation strategy would include ensuring community agencies in contact with tenants can use the kit as part of their current or new outreach activities, refer tenants, and provide basic information about eviction prevention.

Tenant Hotline:

This report recommends that the City continue to provide funding in 1999 to FMTA for the regular Tenant Hotline Service through a purchase of service, at the same level of funding as for 1998 ($97,510.00). The service has been helpful in providing information to tenants about evictions and the TPA in general. This report also recommends that during 1999, staff undertake a review of the tenant hotline service, within the context of an overall strategy to reduce evictions. The Commissioner of Community and Neighbourhood Services will report back this fall with the results of this review, and recommendations for 2000.

The Commissioner of Community and Neighbourhood Services has been requested to submit a report to the Municipal Grants Review Committee on the implications of Task Force Recommendation No. 44, ensuring sufficient funding to ensure callers to the tenant hotline can get through. A separate report will be made to the Municipal Grants Review Committee, reflecting the approach outlined in this report.

Early Intervention Program:

As part of their 1998 project CERA undertook research to determine whether or not Tribunal data could be used to support an early intervention project, and found that the project is feasible.

The early intervention project is a proactive project targetted at helping tenants in areas where there may be a higher than average need for assistance (due to income, for example). Using data provided by the Tribunal about applications for termination of tenancy, CERA would contact the tenants subject to eviction applications to offer assistance and information. The advantage of the proactive approach over other general information approaches is that tenants are not always aware of what information is available and what services are available to help them. In some cases they do not understand the notices/forms which have been served on them and what they are supposed to do next because of language or other barriers. With only five days to dispute the eviction application, this proactive approach can help get information and assistance to tenants before they lose their option to respond to the eviction application, should they wish to do so.

The project would also be used to gather additional information about causes of eviction applications, to inform future eviction prevention initiatives.

This report recommends providing $25,000.00 to CERA to operate a three-month pilot project to test the effectiveness of this approach. The pilot would operate during one of the traditional peak eviction application periods, September to November 1999, with results and recommendations to be reported to the Community and Neighbourhood Services Committee early in 2000.

Landlord Assistance:

According to both tenant and landlord organizations, often problems arise and could be avoided if both parties, landlord and tenant, better understood and respected the rights and responsibilities of the other. The Eviction Prevention Kit will provide information for tenants. Working with landlord organizations is equally important.

One source of information for landlords is the Landlord Self-Help Clinic, an organization funded under the legal aid plan. Landlord Self-Help provides general information to all landlords using a variety of programs (workshops, fact sheets, web site, manual), and provides legal services to landlords who meet income eligibility criteria. A large number of their clients are landlords with three or fewer units. In 1998, Landlord Self-Help Clinic is undertaking a project partnering with the Police Service in 13 Division to educate landlords and would-be landlords.

Municipal Grants of $5,000.00 annually have been provided to the Landlord Self-Help Clinic to supplement their operating budget. Staff will be reporting to Municipal Grants Review Committee to request an allocation of $5,000.00 Community Grant to the Landlord Self- Help Clinic in 1999 to continue the work they do to ensure that landlords are aware of their rights and obligations, and understand the "business" of being a landlord (same level as 1998 grant). This grant would be reviewed by staff in 1999, and recommendations for funding in 2000 will be made this fall about funding for landlord services within the context of an eviction prevention strategy.

Other Education/Information:

The need remains for more general information about the TPA, in addition to information about evictions, especially as it relates to rent-setting, preservation of stock, and enforcement.

In 1998, FMTA released The Tenant's Survival Manual to address a broad range of tenant issues. It is a large booklet (over 40 pages), and is especially useful for tenant associations, and other organizations responding to inquiries. This report recommends allocating $5,000.00 to FMTA for updating, printing and distributing the manual. This report recommends providing a contribution of $5,000.00 towards development, translation and printing of at least two "checklists". The checklists are short, plain language materials which act as companion pieces to the Manual. Key topic areas are rules for door locks and understanding leases.

Other Interventions:

The City administers CMHC's Residential Rehabilitation Improvement Program which provides financial assistance to landlords to improve the condition of buildings, while maintaining affordable rent. With the recent increase in funding for this program, it has been expanded to include more rental properties and also rooming houses. In some situations, the work required may be so extensive as to require vacant occupancy of the unit(s) to ensure the tenant's safety. City staff will be working with CMHC to develop a protocol around RRAP funding where vacant occupancy is a necessity. The purpose of the protocol is to ensure that for buildings where RRAP funding is provided, the tenants receive proper legal notice and compensation, and that they are able to return to their unit at the same rent level when the work is complete.

Conclusion:

To be effective, an eviction prevention strategy must be multi-faceted and comprehensive. The 1998 Eviction Prevention Strategy demonstrated a variety of approaches, ranging from provision of general information to direct mediation, and in some cases financial assistance.

The 1999 proposed strategy builds upon what we have learned from the 1998 strategy, and the findings of the Mayor's Homelessness Action Task Force. One project proposed is preparing an Eviction Prevention Kit, and training organizations which normally come into contact with tenants about how it can be used to supplement their existing activities. Another, the Early Intervention Project, will test a pro-active approach to educating and helping tenants subject to an eviction application who may be most in need of assistance. The need for general information about landlord and tenant rights and obligations continues to be important, and it is proposed that support continue to be provided for FMTA's tenant hotline and written materials, and the Landlord Self Help Clinic. This support is to be reviewed by City staff during 1999, within the context of an overall strategy to reduce evictions.

The Province announced a number of homelessness initiatives in March 1999, one of which is providing an additional $3.7 million to Toronto which can be used to provide front-line services to people at risk of homelessness, including eviction prevention. The Commissioner of Community and Neighbourhood Services will be reporting back to Committee with recommendations for how this funding may be used to support homelessness initiatives, including allocating funds to programs which prevent evictions.

Appendices:

A:Summary of Key Reasons for Termination of Tenancy, Tenant Protection Act

B:Summary of proposed 1999 Eviction Prevention Projects

On File with Clerk:

1998 City of Toronto Eviction Prevention Projects:

(1)West Toronto Community Legal Services and Partners

(2)Centre for Equality Rights in Accommodation

(3)Federation of Metro Tenants' Associations

Contact Person:

Joanne Campbell

Phone: 392-7885/Fax: 392-0548

(A copy of each of the appendices referred to in the foregoing report was forwarded to all Members of Council with the agenda of the Community and Neighbourhood Services Committee for its meeting on May19, 1999, and a copy thereof is on file in the office of the City Clerk.)

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The Community and Neighbourhood Services Committee reports, for the information of Council, also having had before it during consideration of the foregoing matter communications from the following:

-(April 30, 1999) from Mr. Robert De Bartolo;

-(May 17, 1999) from Ms. Carolyn Da Silva; and

-(February 1999) from the Family Service Association, Seniors and Caregivers Support Services, respecting its Tenant Eviction Survey Final Report.

The following persons appeared before the Community and Neighbourhood Services Committee in connection with the foregoing matter:

-Ms. Margaret Gittens, Interclinic MTHA Work Group;

-Ms. Elinor Mahony, Tenant Advocacy Group; and submitted a brief in regard thereto;

-Ms. Jenny Gonsalves, 22 McCaul Street Tenants Association; and submitted a brief in regard thereto;

-Mr. Howard Tessler, Executive Director, Federation of Metro Toronto Tenants' Associations;

-Mr. Luis Mayorga, East Toronto Community Legal Services; and submitted a brief in regard thereto;

-Mr. John Fraser, Centre for Equality Rights in Accommodation;

-Mr. Cliff Martin, The Public Housing Fightback Campaign;

-Mr. Bob Olsen; and submitted handwritten comments in regard thereto;

-Mr. Kenneth Hale, South Etobicoke Community Legal Services;

-Mr. Robert B. Levitt, representative of the Parkdale Tenants' Association; and submitted a brief in regard thereto; and

-Mr. Vance Latchford.