Preventing Homelessness by Reducing Evictions

 The Community and Neighbourhood Services Committee recommends the adoption of the following report (April 9, 1998) from the Commissioner of Community and Neighbourhood Services:

 Purpose:

 This report comments on a plan presented on March 26 and 27, 1998, to the Community and Neighbourhood Services Committee by the Advisory Committee on Homeless and Socially Isolated Persons in their report AAn Eviction Prevention Strategy for the City of Toronto.@ The plan addresses the need for a co-ordinated effort to prevent evictions. The Commissioner was asked to report back on seven of the eleven recommendations contained in the report and on two related recommendations of the Community and Neighbourhood Services Committee.

 Funding Sources, Financial Implications and Impact Statement:

 A recommendation was forwarded to the April 3, 1998, Budget Committee requesting that Council allocate $55,000.00 to fund eviction prevention strategies. A report was prepared for the April 14, 1998, meeting of City Council regarding that request.

 A report on the funding level and sources for a rent bank pilot project will be prepared and submitted to the Community and Neighbourhood Services Committee should authority for expenditures be required.

 Recommendations:

 It is recommended that:

 (1)a meeting between the Metropolitan Toronto Housing Authority (MTHA), The Metropolitan Toronto Housing Company Limited (MTHCL), Cityhome and representatives of the Advisory Committee on Homeless and Socially Isolated Persons be convened to discuss policies and procedures for working with tenants to avoid arrears and economic evictions;

 (2)the Commissioner of Urban Planning and Development Services report to the Community and Neighbourhood Services Committee on the matter of the proposal for a AUse it or Lose it@ by-law as considered by the former Metropolitan Council at the time of adoption of the Report of the Metro Stakeholder Panel on Housing in September 1997;

 (3)City Council refer the report AAn Eviction Prevention Strategy for the City of Toronto@ from the Advisory Committee on Homeless and Socially Isolated Persons to the Commissioner of Urban Planning and Development Services to be considered in their 1998 review of a uniform by-law for accessory apartment units and for a report back to the Community and Neighbourhood Services Committee as soon as possible;

 (4)the Commissioner of Community and Neighbourhood Services be authorized to undertake a proposal call for a rent bank pilot project as outlined in this report, and report back should authority for funding be required; and

 (5)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

 Council Reference/Background/ History:

 At the March 26 and 27, 1998, meeting of the Community and Neighbourhood Services Committee, the Advisory Committee on Homeless and Socially Isolated Persons proposed a plan of co-ordinated action, research and education in order to prevent evictions from rental accommodation, especially among households with low incomes for whom homelessness is a very real risk.

 This report comments on seven key elements of a plan proposed by the Advisory Committee on Homeless and Socially Isolated Persons and two other recommendations arising from discussion at the Community and Neighbourhood Services Committee on March 26 and 27, 1998.

 Comments and/or Discussion and/or Justification:

The rate of evictions from both private and public sector housing has increased steadily since 1992. The number of eviction applications in Toronto processed by the courts in 1997 (23,174) is 25 percent higher than in 1992 (17,224). Writs of Possession have also increased in 1997, with 8,195 households visited by an officer of the Sheriff=s Office (3,000 more than in 1992.) Changes in landlord tenant legislation within the next few months and continued economic pressure may continue to push this rate upward.

 The causes of evictions and the consequences for tenants were the subject of a forum on eviction prevention in June 1996. The ensuing report AWorking Together - An Exploration of Strategies to Prevent Evictions@ recommended specific actions including: promoting landlord/tenant mediation services, particularly where early intervention will prevent eviction; investigating the viability of rent banks; developing and distributing public education on eviction prevention including encouraging landlords to post information for tenants; and further research on evictions.

 The plan developed by the Advisory Committee on Homeless and Socially Isolated Persons arises from the recommendations of this forum and work which has been completed subsequently.

 (1)Purchase of Service Agreement with Federation of Metro Tenants= Associations (FMTA):

 The Community and Neighbourhood Services Committee requested the Commissioner to comment on a proposal by the FMTA to undertake a public education campaign aimed at preventing evictions from rental accommodation. The request for $55,000.00 to fund this campaign (which includes $5,000.00 for printing and translation services) was forwarded to Budget Committee on April 3, 1998. The Budget Committee then requested that the Commissioner report directly to the April 14, 1998, Council meeting on this proposal. The report to Council, entitled AFunding Eviction Prevention Strategies,@ meets that request.

 (2)Best Practices to Avoid Economic Evictions at MTHA, MTHCL, and Cityhome:

 The Advisory Committee requested that a joint meeting of staff from MTHA, MTHCL and Cityhome convene a meeting with representatives from the Advisory Committee to discuss their policies and procedures for working with tenants to avoid arrears and economic evictions. The purpose of these discussions will be to share information on the best practices of each of the housing companies. Staff support this recommendation and will convene a meeting in the near future.

 (3)Uniform Accessory Unit By-law:

 A review of the existing housing policies of each former municipality is being carried out by staff from Urban Planning and Development Services. Staff will recommend which policies should be incorporated into the new Official Plan and which should be retained in secondary or Part II Plans.

 Accessory apartments are one area of review. A uniform accessory unit policy and by-law for the City will be considered during the review process, however, the nature of the policy has yet to be determined. Staff recommendations will be brought before the Urban Environment and Development Committee and new housing policies proposed as part of this process.

 An issue for those interested in preventing evictions which is related to accessory apartments concerns the loss of rental housing due to conversions, demolitions and severances. The Rental Housing Protection Act created the mechanisms used to reduce the loss of rental housing and it is scheduled to be repealed in 1998 when the Tenant Protection Act comes into effect. Urban Planning and Development staff will consider the issues of uniform condominium conversion and demolition control policies and make recommendations to City Council by the fall, 1998. Until then, the existing policies of the former municipalities remain in effect.

 (4)Classification of Rooming Houses as Single Family Dwellings:

 This item has been referred to the City Legal Services who will report back to the Community and Neighbourhood Services Committee at its meeting on May 21, 1998.

 (5)Rent Bank Pilot Project for Women and Children:

 Housing Division staff have gathered information on rent bank programs in other jurisdictions and the general finding is that these programs are effective in preventing evictions and displacement of families. Consultations with legal aid lawyers, housing workers and shelter operators have led staff to recommend that we develop a pilot project as described below.

The notion of preventing evictions, and keeping people out of shelters has received considerable support in cities in the United States. In 1996, in San Francisco the average grant ($600.00) under their Season of Sharing program is half the cost of a month=s stay in a family shelter ($1,258.00) and 75 percent of the grant recipients are still in their housing six months after receiving the grant. Similar programs in St. Louis, Berkeley, New Jersey, and Connecticut have expanded since their inception in the late 1980s. Evaluations show these programs to be two to seven times more cost-effective than sheltering families in motels.

 In Toronto, the concept of a Rent Bank was proposed in late 1996 as a result of the Eviction Prevention Forum. St. Stephen=s Community House supported this proposal and provided service statistics to demonstrate the need. In 1997, they tracked 50 cases where funds from a rent bank would have complemented the landlord tenant mediation service, possibly keeping families in their housing.

 On the basis of the background research and the information from St. Stephen=s, staff are developing a proposal for a rent bank pilot project.

 The recommended model has the fund administered by a community agency through a municipal grant, with additional funding provided where available (Canada Mortgage and Housing Corporation may fund certain program evaluations for example). Women and children at risk of losing their housing due to short-term financial pressures will be the target for this pilot project. The individual grant will be offered as an additional incentive in negotiated settlements between landlords and tenants.

 A steering committee should be established, providing accountability for a fund and overall project management. This committee should consist of community partners with expertise in the following areas: landlord/tenant legislation, mediation, financial counselling, women=s shelters and housing, private and public sector housing management, and program evaluation.

 The general aims of a pilot project should be:

 (a)to research and develop a rent bank fund, which includes setting eligibility and access criteria for women and children at risk of eviction;

 (b)to operate the rent bank by accepting referrals, negotiating grants to individuals, providing mediation and follow-up services, and by tracking outcomes; and

 (c)to provide a final report on a pilot project which evaluates the cost-effectiveness of ongoing operation of a rent bank as an eviction prevention strategy.

 The budget requirements and possible sources of funds for a pilot project need to be identified in consultation with agencies which have expressed support for and commented on the notion of a rent bank pilot project. If this undertaking cannot be absorbed in existing grant funds or outside funding sources, staff will report back. Housing staff are now preparing to proceed with a targeted proposal call to agencies interested in running a pilot project.

 (6)City of Toronto Policy on Use of Vacant Housing Units:

 The former Metropolitan Council adopted recommendations contained in the report from the Metropolitan Stakeholder Panel on Housing at their meeting on September 24 and 25, 1997. At the time, Metropolitan Council also had before it a proposal from the Ontario Coalition Against Poverty for a AUse it or Lose it@ by-law concerning the appropriate use of vacant residential property. Metropolitan Council requested that the Commissioner of Planning of the new City report, in consultation with the City Solicitor, to the appropriate standing committee of the City of Toronto Council on how the proposed AUse it or Lose it@ by-law operates in other jurisdictions where such mechanisms are in place and on a strategy for the implementation of the proposed by-law. The Advisory Committee is requesting that the Commissioner of Planning and Urban Development report on this. Therefore, it is recommended that the Commissioner of Planning and Urban Development Services report to the Community and Neighbourhood Services Committee on this matter.

 (7)Two Additional Items:

 Feasibility of a City Tenant Help Centre:

 Staff were asked to report on the feasibility of establishing a City Tenant Help Centre in municipal offices to help tenants get information on landlord/tenant legislation and legal representations should they so require. These services require the expertise of an experienced organization, such as the Federation of Metro Tenants= Associations, that has been established to provide tenants with advice and referral to legal representation. It would not be appropriate for City staff to provide these services or to provide interpretations of the legislation concerning landlords and tenants.

 For the municipality to provide one-on-one, personalized services on landlord/tenant matters, while other expert groups are performing this function would not be appropriate as services would be duplicated. Also, the number of tenants and the intensive use of municipal staff for this function would make the service a costly one to operate. The municipality can, however, ensure that information which is produced for the tenant population is disseminated widely and provided to appropriate City staff.

 Streamlining Administrative Practices:

 The second item concerns the feasibility of streamlining administrative practices to increase the authority that local housing offices have in decision-making. This issue was raised in the context of the Metropolitan Toronto Housing Authority (MTHA) and steps they might take in their district offices to avoid evictions. While staff concur with the desire to increase local decision-making, at this point, the City has no authority over the management of MTHA which is owned by the Province.

On the other hand, Cityhome and The Metropolitan Toronto Housing Company Limited are owned by the City and will be merging to form one non-profit company by 1999. A goal of this amalgamation is to move decision-making as close to tenants as possible, thus enabling local flexibility in responding to individual circumstances (e.g., in dealing with rent arrears or budget expenditures for maintenance.)

 Conclusion:

 The notion that evictions and therefore some cases of homelessness can be prevented through a co-ordinated effort has merit. The plan of the Advisory Committee on Homeless and Socially Isolated Persons sets out possible strategies to address the consistent rise in evictions, through action, research and education. Many of the specifics of this plan are addressed in this report, in each of the eight distinct but related subsections. The recommended next steps include immediate action in some cases, and in others further deliberations and consultations are required. In principle, the municipality and its community partners need to continue to work toward satisfactory resolutions of situations which lead to evictions, thus keeping families and individuals in their housing.

 Contact Name:

 Joanne Campbell

Tel: 392-6135/Fax: 392-3037