Latest news with #ResidentialTenancyAct
Yahoo
3 days ago
- Business
- Yahoo
Hamilton landlord fined $100K for illegal renovictions that had 'devastating' impacts on tenants, court hears
A Hamilton tenant says she's impressed with a "fantastic" judge's recent decision to fine her former landlord $100,000 for illegally renovicting her and three other tenants, even if they'll never get their homes back. "That's a good place to start to show the landlords of Ontario they can't just throw their tenants out," Darlene Wesley told CBC Hamilton. The senior had lived in her downtown apartment for nearly 20 years and never missed a rent payment when, in February 2023, the building's owner Kevin Moniz evicted her in order to carry out extensive renovations. Wesley informed him in writing and in person she intended to move back in after the work was done — as is her right under Ontario law. But within months, he'd rented it out to someone else. He did the same to three other tenants living in the five-unit building, including Wesley's daughter. The tenants testified during a trial against Moniz and property management company Cornerstone Select Properties at Hamilton's provincial offences courthouse on May 12. Justice of the Peace Linda Crawford found Moniz guilty on four counts of knowingly failing to give the tenants the right of first refusal for their units and fined him $25,000 for each. "A general deterrent in my view is very important in these kinds of circumstances, where there's a landlord with a small building that was once affordable for people," Crawford told the court. Moniz was not present for the trial and did not respond to requests for comment. Crawford gave him two weeks to pay the $100,000 — a high amount for Residential Tenancy Act violations. The charges against Moniz were laid last year by Ontario's Rental Housing Enforcement Unit (RHEU), which is mandated to uphold landlord and tenant rights and investigate complaints. It works independently from the Landlord and Tenant Board (LTB). By comparison, in all of 2022, fines stemming from charges laid by RHEU totalled $121,800. Tenant can't afford new place Crawford found Moniz acted deliberately and the impacts on the tenants have been "devastating." "In my view, there was quite a bit of foresight to renovate apartments and he made a decision to essentially flip them and rent them out more than double what he had been getting before," she said. Before being evicted, the four tenants said they each paid less than $700 a month in rent. A new tenant who moved into one of the units after the renovations told the court she currently pays $1,500. The eviction process began for the four tenants in March 2021, when they received N13 notices from Moniz. Their cases went to the LTB, which ruled in Moniz's favour that the units did need to be empty for him to complete renovations. Three of the tenants moved out before Wesley. They all testified they told Moniz in writing that they'd move back into their units when the work was done. Tenant Robert Jewel said he had no other option. He worked a minimum wage job and wanted to keep the unit he'd been able to afford for 25 years, he testified. But one night, when renovations were supposed to still be happening, he walked by the building and through a window saw someone in his unit's living room, watching TV. He later learned it was a new tenant. "And to be honest, I cried that night when I discovered my apartment had been taken away from me," Jewel said. "It's like I'm a second class citizen all of the sudden just because this greedy person comes along." Unable to afford to rent a new place, Jewel said he has been couch surfing at friends and family's homes since he was evicted. "I'm almost out on the street and I don't have my own place anymore and that loss of freedom, I really, keenly feel," Jewel said. Property management company fined Wesley and her daughter had no choice but to find a place together and now pay $2,000 a month, an arrangement Wesley described as a "nightmare." "Now I've got nothing because all my money goes to rent," she told the court. She said she left her place in 2023 thinking she'd definitely be coming back as she took all the steps she was supposed to. In the weeks before she moved, she had provided Moniz with several copies of a signed letter stating her intentions, and verbally told him the same thing in front of a representative from Cornerstone — the property management company Moniz had hired to find new tenants. Welsey testified that on another occasion somebody from Cornerstone was showing a unit to prospective tenants. She told that person, "'all of the apartments ... have the right of first refusal' and he said, 'I know, I know, I know.'" Company president Jeff Varcoe represented Cornerstone in court. He denied the allegations, saying nobody at his company knew about the "entire building being renovicted" and he hasn't been able to substantiate Wesley's account. Crawford said she did not find Varcoe's testimony credible and fined Cornerstone $25,000, plus a $6,250 victim surcharge, for not ensuring Wesley had the opportunity to move back into her unit. "That's not something we have the financial ability to cover at all," Varcoe said. "This will bankrupt us." Crawford gave the company a year to pay.
Perth Now
28-05-2025
- Perth Now
Landlord scolded over request to tenant
A landlord who demanded tens of thousands of dollars from a tenant before they moved in then threatened to kick them out if they did not pay more money found herself in front of a magistrate. The woman from NSW claimed she did not understand her obligations to handle rent, bond payments or a property condition report under WA's tenancy laws when she pleaded guilty to four charges of breaching the Residential Tenancies Act. The NSW landlord owned a property in the Perth suburb of Ardross when she entered into a tenancy agreement and demanded $16,200 from her tenant to cover the first three months' rent, about a month before the tenant moved in. She then demanded an additional $2700 in fortnightly rent about a month before the next due date and told the tenant in a text message she would find another tenant if the payments were not made. A woman in NSW has found herself in front of the Perth Magistrates Court for breaching the Residential Tenancies Act over a property she owns in West Australia. NewsWire / Andrew Henshaw Credit: News Corp Australia The woman failed to lodge a further $16,200 paid as a security bond with the Bond Administrator at Consumer Protection within the 14-day time frame, then only lodged $5,400 of the bond four months after it was received. She arranged to deposit the remaining $10,800 with the Bond Administrator after Consumer Protection started legal proceedings against her. The court was also told the landlord provided the tenant with two copies of a property condition 32 days late. The landlord was fined $8500 and received a spent conviction in the Perth Magistrates Court. Magistrate Donna Webb said ignorance of the law was no excuse and the landlord should have inquired about her obligations. Consumer Protection commissioner Owen Kelly said the Residential Tenancies Act was a vital safeguard for tenants, who were especially vulnerable during periods of high demand in the rental market. The commissioner said the landlord violated the Act by seeking more than two weeks' rent from the tenant a month before the tenancy took occupancy. The landlord was fined $8500 and received a spent conviction after pleading guilty to four counts of violating the Residential Tenancy Act. NewsWire / Gaye Gerard Credit: News Corp Australia He said the tenant was subjected to unnecessary risk by being asked to pay three months of rent upfront before moving in. 'When tenants have fewer options, they may have little to no power to negotiate with landlords before or during the tenancy,' he said. '(The tenant) was also placed under unnecessary financial burden when further rent demands were made before that initial period had expired.' The commissioner said handling security bond money was a serious matter, and the 14-day lodgement rule was in place to safeguard the interests of both tenants and landlords. 'All landlords with property in Western Australia need to familiarise themselves with the laws, or delegate this responsibility to a property manager, otherwise they risk facing legal repercussions,' he said.
Global News
28-05-2025
- Global News
Change law to ban, evict criminals from supportive housing, outgoing VicPD chief says
Victoria's outgoing police chief is calling for more tools to prevent crime in supportive housing buildings. It comes after a 62-year-old man was arrested in a supportive housing facility near the city's Chinatown. Police searching the property found a kilogram of fentanyl, a loaded handgun and about $40,000 in cash. Speaking at Victoria city council last week, Chief Del Manak suggested changes to B.C.'s Residential Tenancy Act that would proactively exclude known criminals from supportive housing facilities. 'We're responding after the fact, when there's a stabbing, or a major incident, or someone is exploiting individuals within a particular unit, or in a particular building. It would be great if we could get ahead of that and not allow somebody to actually get in the building in the first place,' Manak said. 'I understand the challenges around police oversight, sharing of information. But there must be a path forward, and I think it's important to put the safety of staff and the residents within our supportive housing locations as a top priority.' Story continues below advertisement 2:14 Suspected homicide prompts supportive housing operators to call for weapons ban Manak also called on the province to amend legislation to give housing providers more tools to evict criminals who become 'embedded' in supportive housing. Get weekly health news Receive the latest medical news and health information delivered to you every Sunday. Sign up for weekly health newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'That would create a level of safety, and at least there would be some consequences and some ownership, because you need a deterrent,' he said. Earlier this month, a group of B.C. non-profit housing providers called for a ban on weapons after 34-year-old father Keith Scott was killed in a Victoria supportive housing building. The group said that currently, under the Residential Tenancy Act, the only tool they have for tenants with weapons is eviction, but when a tenant refuses to leave, there is nothing more they can do. Housing advocate Fiona York agreed the safety of residents and staff in supportive housing should be the top priority. Story continues below advertisement But she said amending provincial legislation was overkill that could come with unintended consequences. 'My concern is that this becomes the go-to for any changes or concerns in supportive housing, and really I don't believe that's the place of the Residential Tenancy Act,' she said. 'I think it's more to protect people's rights, so I am concerned about an erosion of tenants' rights.' 2:12 City of Vancouver backs down on controversial Kitsilano supportive housing project York said officials should speak the people who actually live and work in supportive housing facilities to ask what would make them feel safer. She also called for more types of supportive housing, so that sober people, seniors or couples would not have to co-locate with the general population. B.C. Housing Minister Ravi Kahlon said Tuesday that the province has no current plans to amend the act. Story continues below advertisement 'We have a working group right now with police, not-for-profit providers, helping us guide what the next steps can look like, but at the end of the day we want to make sure that these facilities are safe, that the people living there are safe, that communities are safe, but they also have some basic rights,' he said. Kahlon added that the province's job is to ensure everyone has access to housing, even people who have criminal records.
Yahoo
10-05-2025
- Business
- Yahoo
Lack of rent control in N.W.T. to be reassessed this year, minister says
Northwest Territories ministers have responded to criticism over recent big rent increases of hundreds of dollars for some Housing N.W.T. owned units. Last month, rent increase notices were sent out to residents who rent market-rate units from Housing N.W.T. Housing N.W.T. has said they wanted to better match unit rent rates with territorial averages. However since there haven't been rent increases to their market units since 2012, residents will see their rent go up anywhere from around $300 to over $700. The market-rate units in small communities are typically occupied by essential workers such as teachers and healthcare workers or community members. Housing Minister Lucy Kuptana said increasing the rents was a "tough but necessary decision" in a statement to CBC. She said the adjustment was crucial to maintain fairness in the housing market, and the additional revenue is needed because of declining federal support. "No one wants to increase rental rates, but with increasing cost and decreasing operating funding, we needed to make this hard decision so that we can continue to offer housing programs. Heating costs are included, along with maintenance and repairs," the statement reads. Justice Minister Jay Macdonald wrote in a statement that the territory has also explored implementing some form of rent control in the past, and will soon be revisiting those discussions. "Given the issues raised by the Rental Office and other stakeholders, the Department of Justice has committed to a new, thorough review of the [Residential Tenancies] Act, in 2025," wrote MacDonald. "The issue of rent control will be re-evaluated as part of this review, ensuring that we address current challenges and consider all perspectives." Many of Canada's provinces and the Yukon have some form of rent increase caps, but the N.W.T. does not. MacDonald said the government looked into rent cap measures a few years ago, during the 17th Legislative Assembly, when they did a review of the Residential Tenancy Act. But they ultimately decided against them. "[That] decision was based on research, experiences in other jurisdictions, and the unique housing situation in the N.W.T.," wrote MacDonald. Rent increase limits typically apply to all landlords in a jurisdiction, and would likely apply to Housing N.W.T. as well as private landlords. Kuptana concluded her statement by saying that other supports are currently of the supports she mentioned was the Canada-NWT Housing Benefit, which can provide up to $800 a month for eligible residents who pay over 30 per cent of their gross income in rent. "This benefit is here to support people who may be affected by the recent rent change. If you think you might qualify, I encourage you to apply or reach out to the Housing N.W.T. team for more information."
CTV News
09-05-2025
- Politics
- CTV News
Supportive housing operators call for weapons ban and changes to the Residential Tenancy Act
Supportive housing operators are asking the province to change the Residential Tenancy Act rules that they say make it difficult to evict violent clients.
