Tenant Defence Fund

The Planning and Transportation Committee recommends that:

(1)the Acting Commissioner, Urban Planning and Development Services and/or the Commissioner, Community and Neighbourhood Services be authorized to request the Ontario Rental Housing Tribunal for adjournments of hearings for above-guideline rent increases for tenants where they feel it is essential; and

(2)the Acting Commissioner, Urban Planning and Development Services be requested to conduct a comprehensive property standards inspection of 521 and 523 Finch Avenue West and coordinate inspection of unit interiors through the tenants' associations.

The Committee reports having:

(1)received the report (September 20, 1999) from the Commissioner, Community and Neighbourhood Services for information;

(2)endorsed the following action taken by the Toronto Community Council at its meeting on September 13, 1999:

"The Toronto Community Council:

(1)endorsed the recommendations for a Tenant Defence Fund presented to the Planning and Transportation Committee, at its meeting held on September 13, 1999; and

(2)supported the recommendations of the Sub-Committee to Restore Rent Control, including its request for a meeting with the Honourable Steven Gilchrist, Minister of Municipal Affairs and Housing.";

and forwarded notice of its endorsement in this respect to the November 4, 1999 meeting of the Community Services Committee;

(3)forwarded the action taken by the Toronto Community Council, as outlined above, to the other Community Councils with a request that they consider this matter and provide comment back to the Community Services Committee; and

(4)requested the Commissioner, Community and Neighbourhood Services to report to the November 4, 1999 Community Services Committee meeting and to the next meeting of the Sub-Committee to Save Rent Control:

(a)on the feasibility of funding the Tenant Defence Fund using 1/5th of 1% of all taxes paid by rental buildings in the City of Toronto; and

(b)an indication of the tenant groups which are currently in need of experienced assistance by the City.

Recorded Votes:

Recommendation No. (1) respecting a request for adjournments of hearings before the Ontario Rental Housing Tribunal moved by Councillor Moscoe, carried unanimously on the following division of votes:

Yeas:Councillors Flint, McConnell, Berger, Filion, Lindsay Luby and Moscoe.

Recommendation No. (2) respecting authorization to conduct property standards inspections of two properties, moved by Councillor Moscoe, carried unanimously on the following division of votes:

Yeas:Councillors Flint, McConnell, Berger, Filion, Lindsay Luby and Moscoe.

The Committee's advice No. (1) respecting the receipt of the report (September 20, 1999) from the Commissioner, Community and Neighbourhood Services, moved by Councillor McConnell, carried unanimously on the following division of votes:

Yeas:Councillors Flint, McConnell, Berger, Filion, Lindsay Luby and Moscoe.

The Committee's advice No. (2) respecting endorsement of Recommendation (1) of Toronto Community Council, moved by McConnell, which reads as follows:

"The Toronto Community Council:

(1)endorsed the recommendations for a Tenant Defence Fund presented to the Planning and Transportation Committee, at its meeting held on September 13, 1999; and"

carried on the following division of votes:

Yeas:Councillors McConnell, Filion, Flint, Moscoe, Lindsay Luby

Nays:Councillor Berger

The Committee's advice No. (2) respecting endorsement of Recommendation (2) of Toronto Community Council, moved by Councillor McConnell, which reads as follows:

"The Toronto Community Council:

(2)supported the recommendations of the Sub-Committee to Restore Rent Control, including its request for a meeting with the Honourable Steven Gilchrist, Minister of Municipal Affairs and Housing."

carried on the following division of votes:

Yeas:Councillors Filion, Berger, McConnell and Moscoe

Nays:Councillor Flint and Lindsay Luby

The Committee's advice No. (3) whereby the Committee forwarded the above-noted Toronto Community Council's action to Community Councils for consideration, moved by Councillor Lindsay Luby, carried on the following division of votes:

Yeas:Councillors Berger, McConnell, Filion and Lindsay Luby

Nays:Councillors Flint and Moscoe

The Committee's advice No. (4)(a) requesting the Commissioner, Community and Neighbourhood Services to report to the November 4, 1999 Community Services Committee and to the Sub-Committee to Save Rent Control on the feasibility of the Tenant Defence Fund using a percentage of taxes paid by City buildings, moved by Councillor Moscoe, carried on the following division of votes:

Yeas:Councillors Flint, McConnell, Moscoe and Filion

Nays:Councillors Berger and Lindsay Luby

The Committee's advice No. (4)(b) requesting the Commissioner, Community and Neighbourhood Services to report to the November 4, 1999 Community Services Committee and to the Sub-Committee to Save Rent Control with an indication of which tenant groups require assistance by the City, moved by Councillor Moscoe, carried unanimously on the following division of votes:

Yeas:Councillors Flint, McConnell, Berger, Filion, Lindsay Luby and Moscoe.

The Planning and Transportation Committee submits the following report (September 20, 1999) from the Commissioner, Community and Neighbourhood Services:

Purpose:

To respond to the Committee's request that staff provide a review of the proposed Tenant Defence Fund for the October 4 meeting. To inform the Committee of work that is already underway to define the city's role in providing information and support services to tenants that is directly relevant to this request, and that a report will be forthcoming to the November meeting of Community Services Committee.

Financial Implications:

None.

Recommendations:

That this report be received for information.

Council Reference:

At its meeting September 13, 1999, Planning and Transportation Committee gave consideration to a report (August 24, 1999) from Councillor Michael Walker, Chair, Sub-Committee to Restore Rent Control, respecting a Tenant Defence Fund. The report included a request that the Planning and Transportation Committee endorse a recommendation to establish a Tenant Defence Fund, in principle, to assist tenants and tenant associations in opposing unreasonable "above-guideline" rent increases.

The Planning and Transportation Committee referred the report to the Commissioner, Community and Neighbourhood Services, with a request that the Commissioner report back to the Committee in consultation with the Chief Financial Officer and the Acting Commissioner, Urban Planning and Development Services on October 4, 1999.

As a result of issues raised this past spring related to eviction prevention programs and the Federation of Metro Toronto Tenants' Associations (FMTA) Tenant Hotline service, consultants were hired in July to consult with the tenant and landlord community and to recommend a role for the city in providing information and support services to tenants. We expect to receive the findings in October and I will be reporting to the Committee in November. As this work is directly relevant to the proposed Tenant Defence Fund, it would be premature to comment on the Fund before I have the results of this work. I will have consulted with the Commissioner of Planning and the Treasurer and Chief Financial Officer who concur with this approach.

Background:

The province's Tenant Protection Act (TPA) which is administered by the Ontario Rental Housing Tribunal, has made significant changes to the rules for allowing landlords to increase rents above the rent control guideline. Although it is still necessary for landlords to make an application for an increase above the guideline, and to prove the need for this increase, the process and grounds have changed.

Tenants receive less notice of the landlord's application for an above guideline increase than under prior rent regulation laws. Under the TPA, the landlord need only give notice to the tenants ten days before the hearing, as opposed to prior legislation which require the landlord to provide a copy of the application to all tenants at least 80 days before the first date of the application. As a result, under the TPA tenants have very little time to examine the above guideline application and to organize a response. Preparing the response may also be costly if technical assistance is required, such as a lawyer, accountant or person with expertise in matters of capital work.

In addition to changes in the process, the grounds upon which the tenants may argue against the above guideline increase have been substantially reduced. Under previous legislation, tenants could argue that the proposed increase should be offset because of other maintenance problems, reduced or withdrawn services and facilities, or because the capital expenditure work claimed on the landlord's application was required because of ongoing neglect of the problem by the landlord. These tenant arguments are no longer considered as part of the landlord's application. Instead, tenants would need to file their own application where there has been a breach of maintenance obligations and/or loss or reduction of services or facilities.

The increased challenge faced by tenants in responding to a landlord's application for a rent increase above the guideline illustrates the growing amount of activity and calls for action by the tenant community in response to changes made by the TPA. Since the TPA became law on June 17, 1998, various City departments have been required to respond to a range of issues, such as:

-establishing a rental property tax notification program because of new provisions in under the TPA which require the City to send notices of tax decrease annually to tenants and landlords (Finance);

-passing a vital services by-law in response to new provisions under the TPA (Buildings);

-passage of a demolition and conversion control by-law based on the City's powers under the Planning Act, rather than the enhanced provisions under the Rental Housing Protection Act which was repealed by the TPA (City Planning);

-requesting party status on a landlord application to evict several tenants on the grounds that their units were being "demolished" rather than "renovated" or "reconfigured" (Legal); and

-increased funding to programs which provide information and assistance to tenants, in particular those facing evictions (Shelter Housing and Support).

These actions are in addition to our ongoing concerns about condition of the rental housing stock, affordability, and supply.

While the TPA is adding to the city workload, it is also putting stress on community organizations, particularly those who support tenants and small landlords. According to landlord and tenant organizations, requests for assistance have increased because the legislation is new and more complex than previous laws.

The level of financial support from the province to assist tenants and landlords has decreased. During the 1980s the (then) Ministry of Housing made grants to tenant and landlord organizations to provide education and information services. In the first half of the 1990s, funding was provided by the province to support the FMTA Tenant Hotline as well as general tenant information, advocacy and organizing activities. In 1996, provincial funding for the FMTA and other tenant advocacy organizations was eliminated. In 1997 Metro Tenants Legal Services ceased operations. There has also been increased pressure on the system of evictions in the past few years due to the 22% decrease in social assistance rates.

While the Ontario Rental Housing Tribunal does produce information brochures about the new law, there has been much less communication and outreach under the Tribunal than under previous rent regulation laws. In addition, the information from the Tribunal does not offer the same type of advocacy or legal advice that is available from community organizations.

Comments:

As a result of the above changes and the city's own shift away from emergency responses to homelessness towards eviction prevention and protection of affordable stock, we began a process earlier this summer to inventory what services are available and where, to identify gaps and overlaps, and to clarify what supports are (or should be) provided by the province and by the city. This review, in combination with a concurrent review of FMTAs Tenant Hotline Service and consultation with other city departments, is intended to form the basis for an overall service strategy for the provision of information and advice to tenants and landlords. This results of this review and recommendations will be provided in a report by the Commissioner, Community and Neighbourhood Services to Community Services Committee in November.

The Tenant Defence Fund as outlined is one of many possible approaches which can be taken to assist tenants. I am unable to comment on the merits of this approach at this time, without the results of the broader review.

I have specifically asked the consultants and staff to consider the Tenant Defence Fund idea as part of the service review. The following aspects of the review are directly relevant in evaluating the Tenant Defence Fund proposal:

-the review underway is consulting with tenants and the agencies who support them on the nature of their need and the best ways for the city and others to provide support. There may be other supports that tenants require beyond tenant organizing and technical advice. Landlords, particularly those with smaller buildings, may also require support to better understand their rights and obligations under the TPA;

-the review examines the role of the city vis a vis that of the province, and particularly the services provided by the Ontario Rental Housing Tribunal and Community Legal Clinics. This is relevant in consideration of whether the city should provide services that the Tribunal or Legal Clinics are not providing;

-the city needs to carefully consider the extent to which it should provide direct help to tenants appearing before the Tribunal, or whether it should help in other ways. To a certain extent, this is a question of whether such a role is in the municipal interest. I have asked for an opinion from Legal Services on this matter. We are consulting with Buildings Division and City Planning about the impact the program may have with respect to issues of property standards and condition of rental housing stock; and

-it is clear that the need to support both tenants and landlords is large and without careful consideration of the city's role, a large amount of funding could be expended without effective results. In addition, there should be a fair way to allocate a limited amount of city funding to different buildings and different areas of the city. This cannot be done without an understanding of the need.

The Tenant Defence Fund concept is one of many possible approaches which can be taken to assist tenants. Others may include enhancing the telephone hotline service, funding additional eviction prevention projects, and improving the delivery of information and advice in other languages and using other media (e.g. a video) besides print matter to convey information. Small landlords also require assistance, especially with respect to languages and access to advice. We intend to include consideration of a Tenant Defence Fund along with other potential responses.

Conclusion:

The Shelter Housing and Support Division is currently undertaking a process to examine the service needs of both tenants and landlords and to make recommendations regarding the role the city may have in providing support to landlords and tenants. The process includes a review of the services available in the community, those that are missing, and options for delivery of required services. The process also includes consulting with other city departments involved in landlord and tenant matters. I will be reporting to Community Services Committee on the results of this review and with recommendations this November.

Contact Name:

Joanne Campbell

General Manager, Shelter, Housing & Support

Phone: 392-7885

Fax: 392-0548

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The Planning and Transportation Committee submits the following report (September 20, 1999) from the City Clerk forwarding action taken by Toronto Community Council at its meeting held on September 14, 1999:

Community Council's Actions:

The Toronto Community Council advises the Planning and Transportation Committee that it:

(1)endorses the recommendations for a Tenant Defence Fund presented to the Planning and Transportation Committee, at its meeting held on September 13, 1999;

(2)supports the recommendations of the Sub-Committee to Restore Rent Control, including its request for a meeting with the Honourable Steven Gilchrist, Minister of Municipal Affairs and Housing; and

Background:

The Toronto Community Council, on September 14, 1999, had before it a report (April 13, 1999) from the City Solicitor submitting draft zoning by-law respecting No. 103 West Lodge Avenue (High Park).

The Toronto Community Council also had before it the following reports/communications:

-(May 7, 1999) from the Commissioner of Urban Planning and Development Services - Final Report on Application No. 197024 To Amend Site Specific By-law 22037 To Permit A Reduction In The Number of Parking Spaces Required For 103-105 West Lodge Avenue;

-(May 13, 1999) from Ms. Anna Thacker;

-(May 21, 1999) from Ms. Marian Y. MacGregor, Parkdale Community Legal Services Inc.;

-(Undated) from Ms. Ann-Marie Rechier;

-(May 25, 1999) from A. Lynch;

-(May 24, 1999) Petition with 31 signatures in opposition;

-(April 26, 1999) from Mr. Robert B. Levitt on behalf of the Parkdale Tenants' Association;

-(Undated) from Ms. Shirley Woods;

-(Undated) from Ms. Anna C. Thaker;

-(Undated) - 139 Identical Letters in opposition;

-(June 3, 1999) from the City Clerk, Toronto Community Council, forwarding the Community Council's actions of May 26 and 27, 1999;

-(September 10, 1999) from Mr. Anthony Lynch;

-(September 12, 1999) from Mr. John Dorion;

-(September 13, 1999) from the Acting Commissioner, Urban Planning and Development Services;

-(September 14, 1999) from Mr. Marko Lavrisa;

-(September 13, 1999) Petition signed by 72 persons;

-(September 13, 1999) Petition signed by 75 persons;

-(September 14, 1999) from Councillor Chris Korwin-Kuczynski and Councillor David Miller;

-(September 12, 1999) from Mr. Vilko Zbogar;

-(September 14, 1999) from Ms. Anna C. Thaker;

-(September 14, 1999) from Dr. Harpreet Singh Chaggar; and

-(July 30, 1999) from Ms. Sookranie Lucknauth.

Notice of the public meeting was given in accordance with the Planning Act. The public meeting was held on May 26, 1999 and September 14, 1999, and the following addressed the Toronto Community Council:

On May 26, 1999:

-Mr. Vilko Zbogar, Parkdale Community Legal Services;

-Mr. Bart Poesiat, Common Front in Defence of Poor Neighbourhoods;

-Mr. Bob Levitt, Parkdale Tenants' Association;

-Dr. Harpreet Chaggar;

-Mr. Suk Tumsee;

-Mr. A. Lynch;

-Ms. Anna Thaker, Westlodge Tenant Association;

-Mr. David Drake, EMC Group Ltd.;

-Ms. Daramdeo Sukdeo; and

-Mr. Paul Wynn;

On September 14, 1999:

-Mr. Paul Wynn, Trustee;

-Mr. Jeff Wynn, Property Manager;

-Mr. Bart Poesiat, Parkdale Community Legal Services;

-Mr. Vilko Zbogar, Toronto, Ontario;

-Ms. Shirley Woods, West Lodge Tenants' Association;

-Ms. Marian MacGregor, Parkdale Community Legal Services;

-Ms. Anna C. Thaker, Parkdale Tenants' Association;

-Ms. Sookranie Lucknaut, Toronto, Ontario;

-Dr. Harpreet Chaggar, Audiologist;

-Mr. Chris Wilsack, Toronto, Ontario;

-Mr. John Connor, West Lodge Tenants' Association;

-Ms. Desiree Rose, Jameson Tenant Association;

-Mr. Jeff Phillips, Phillips Consultant;

-Ms. Kham Nguyen, Toronto, Ontario;

-Mr. Marko Lavrisa, Levitt-Goodman Architect Association;

-Ms. Thu Nguyen, Statistics Canada;

-Ms. Evelyn Simpson, Toronto, Ontario;

-Mr. Ngoc Le, Toronto, Ontario;

-Mr. Peter Romanov, Toronto, Ontario; and

-Mr. Karuna Karan, Toronto, Ontario.

The Toronto Community Council recommended to City Council for its meeting to be held on September 28, 1999, that:

(1)City Council not approve the draft by-law appended to the report (April 13, 1999) from the City Solicitor;

(2)the Director, Municipal Standards and Licensing be requested to withhold approval of any remaining outstanding orders until the meeting with Parkdale Community Legal Services and representatives of the West Lodge Tenants' Association occurs, and issues resolved (as requested by the Toronto Community Council), provided that such meeting is held on an expedited basis; and

(3)the Director, Municipal Standards and Licensing and the Deputy Chief Building Official ensure that work orders are in 100% compliance before they are cleared.

The Toronto Community Council also:

(1)invited the Director of Parkdale Community Legal Services and representatives of the West Lodge Tenants' Association to meet with the Deputy Chief Building Official and the Director, Municipal Standards and Licensing to review all building standard and building code issues that are of concern to the tenants and their representatives;

(2)referred the following communications to the Deputy Chief Building Official, the Director, Municipal Standards and Licensing and the City Solicitor:

-(September 14, 1999) from Mr. Marko Lavrisa;

-(September 12, 1999) from Mr. Vilko Zbogar; and

-(September 14, 1999) from Dr. Harpreet Singh Chaggar.

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The Planning and Transportation Committee also had before it the following communications and copies thereof are on file in the office of the City Clerk:

-(October 4, 1999) from Brad Butt, Executive Director, Greater Toronto Apartment Association;

-(October 4, 1999) from Harry Hakomaki, Building & Concrete Restoration Association of Ontario;

-(October 4, 1999) from Rosala Robbins;

-(October 4, 1999) from Anne Ritchie, Chair, Tenants' Assocation;

-(October 1, 1999) from Brook Physick, Community Legal Worker, Flemingdon Community Legal Services; and

-(October 4, 1999) from Peter Gabor, Chair, Board of Trade Planning and Development Committee.

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The following persons appeared before the Planning and Transportation Committee in connection with the foregoing matter:

-Brad Butt, Executive Director, Greater Toronto Apartment Association;

-Harry Hakomaki, Building and Concrete Restoration Association of Ontario;

-Grant Cowan;

-Dale Ritch;

-Roslyn Oslender;

-Mary Hopkins;

-Paul York;

-Abbas Kolia, Thorncliffe Park Tenants' Association;

-Anne Ritchie, Chair, 111 Davisville Tenants' Committee;

-Nessa Kouchuer;

-Rosala Robbins;

-Councillor Walker; and

-Councillor Korwin-Kuczynski.