New Resources Available!
The FMTA has uploaded a variety of new resources to our Resources Section.
Under the Organizing Documents Section, you can find the following:
Cleo Resources
- What Tenants Need to Know about the Law
- Rent Increases
- Moving Out
- Maintenance and Repairs
- Fighting an Eviction
- Care Homes
- Can Your Landlord Take Your Stuff?
Bed Bugs
- Bed Bug Infestations - Rights and Responsibilities
- Bed Bug Protocol for Landlords
FMTA Guides
- Guide to Tenants' Rights - Bangla Translation
- Guide de survie du locataire
- The Quotable Residential Tenancies Act
- Looking for an Apartment: A Quick Guide
- A Short Guide to Toronto Municipal Property Standards
Other
- Toronto Area Members of Provincial Parliament
FMTA in the News!
The FMTA was interviewed on the CBC Radio program Here and Now.
The program log can be seen here: Here and Now.
We were also on French CBC's Telejounal discussing vacancy rates in Toronto and affordability.
We were on the Thursday February 4th program which can be seen here.
Eviction Prevention TCHC - Our Submission to Justice Lesage
January 2010
Submission to Justice Lesage - re: Eviction Prevention
The Federation of Metro Tenants' Associations was founded in 1974 to protect and enhance the rights of tenants. We continue that role today. To us, an eviction is the ultimate penalty and everything possible should be done to prevent evictions. Our Hotline service has helped many tenants, including TCHC tenants, to prevent evictions.
We have advocated for more affordable housing through the non-profit and co-op housing sector. We need more Rent Geared to Income Housing in Ontario and more supportive housing, as well. We want this housing to succeed. We want Toronto Community Housing Corporation (TCHC) to be a model for landlord behaviour.
Obviously, we are distressed to see such a tragedy as befell Mr. Gosling. Our Hotline staff has heard many other distressing stories. We know there are many people within TCHC who also feel this distress. All of us want a system that works fairly, and we greatly appreciate you and your staff for taking on this important task.
The City of Toronto has an affordable housing strategy. Preventing evictions is preventing the loss of affordable rental housing for vulnerable people.
We have followed your inquiry with great interest. We have attended the public meetings and listened to the tenants - as have you.
In that spirit, we offer our submissions to you.
- 1. TCHC should have a gatekeeper and a checklist. That senior person needs to be satisfied that every step and every precaution was taken to avoid eviction, and that if it was, the matter is serious enough to warrant an eviction application. These steps must include personal contact.
- 2. Agents who represent TCHC at the Landlord Tenant Board should be evaluated on preventing evictions.
- 3. Building managers - including contracted out management - must be committed to an eviction prevention first policy. Better training and implementation are required.
- 4. TCHC should join with tenant advocates in calling for the repeal of section 203 of the Residential Tenancies Act. TCHC endorsed it during the legislative debates leading to that Act. This section takes away a tenants' ability to question the proper rent that should be charged. The Landlord is not always right.
- 5. Similarly, TCHC must join the call to repeal the Social Housing Reform Act. This Act is punitive to low income people and draconian in its' approach to reporting requirements and subsequent penalties.
- 6. There must be increased sensitivity to seniors and to tenants with mental health issues and other disabilities. Help must be provided to ensure their needs are more important than bureaucratic paperwork.
- 7. Tenants who manage to find work should not need to fear that if the job is lost, that they can not regain their subsidy. This possibility is a disincentive to taking a job.
- 8. A change in income should not necessarily trigger an immediate rent increase. There also needs to be an ability to return to the former RGI if the change is not permanent.
- 9. There should be more elected tenants on the Board of TCHC.
- 10. A TCHC Ombudsperson should be in place to help settle disputes between tenants and management. The Ombudsperson could also ensure that the gatekeeper referred to in our point one is held accountable.
- 11. The Province of Ontario must do more, especially if they are serious about poverty reduction and serving the most vulnerable of our citizens. This can include increasing social supports through staffing and extra funding to make the buildings more livable.
This submission was prepared by our Tenant Action Committee and is respectfully submitted.
Automatic Rent Reductions: Questions and Answers
1. "Why did I get this notice?"
- Your apartment building was assessed for lower property tax by the City than the previous year
- Under provincial law, because of this lower tax, you can automatically reduce your next month's rent starting Jan.1st.
2. "Why didn't I get a notice?"
- Your landlord probably did not get a reduction in taxes that was greater than 2.5%, which is the threshold for the automatic rent reduction.
- If you think your building qualifies for a reduction or you think you should have recieved a notice, call the tenant hotline at 416-921-9494 for more information.
3. "So how do I claim this?"
- You do not have to ask your landlord for permission to take the reduction. You can simply take the reduction on your next months rent in January.
- You have until Dec 30th, 2010 to take the reduction.
4. "What happens if I don't take the reduction in January?"
- You have until Dec 30th, 2010 to take the reduction, you can reduce your rent at any time before then.
5. "My landlord is saying the reduction doesn't apply to me, that I can't take the reduction, that they are appealing, etc."
- If you recieved a notice from the City of Toronto, then most likely you can take the reduction.
- You do not have to ask your landlord for permission and you do not have to apply.
- Your landlord may challenge the rent reduction in court with a "variance" application, however there is no guarantee they will apply or win.
- In the meantime, you can still take the reduction if you wish or you can wait to see the outcome of the hearing before taking the reduction.
6. "Is there any reason why I should not take this reduction?"
- The landlord can make a request for a "variance" to the Landlord and Tenant Board, reducing a portion or all of the rent reduction
- If the landlord succeeds, you will have to return all or part of the reduction going back to Jan 1st.
- If the landlord does not succeed you can still keep the reduction.
7. "What exactly is a variance and can I fight it?"
A variance app allows a landlord to challenge the rent reduction.
This application usually takes the form of a written hearing.
- The landlord must apply for a variance by March 31st, 2010.
- You will be notifed by the court if your landlord has applied.
- You have the right to enter a written submission to counter the landlord's application of variance.
If you have recieved a notice from the LANDLORD AND TENANT BOARD about a hearing, call the hotline at 416-921-9494.
FMTA on Rent Reductions
Members of the FMTA Hotline shown talking about the 130,000 Automatic Rent Reduction notices sent by the City of Toronto.
Watch the video here: http://www.cbc.ca/video/#/News/Local_News/Toronto/ID=1363046072
The Hotline was also featured on CBC Radio 1 on Here & Now: http://www.cbc.ca/radioshows/HERE_AND_NOW/20091218.shtml
If you have questions about Automatic Rent Reductions, please call the FMTA Hotline at 416-921-9494.
Policy on Human Rights and Rental Housing -Ontario Human Rights Commission
See this important policy paper from Barbara Hall and Cherie Robertson of the Ontario Human Rights Commission
Toronto is the least affordable city for housing in Canada
According to the 2009 report, Vital Signs by the Toronto Community Foundation, Toronto's housing is the least affordable in Canada. The report, issued this week, is a detailed account of Toronto's social health. The report can be accessed here.
FMTA in the News!
THe FMTA was quoted in the Toronto Star, speaking about the new Ontario Human Rights Commission's Policy on Rental Housing. Read the story here.
HST letter to Finance Minister
The Honourable Dwight Duncan
May 21, 2009
Dear Minister,
The Federation of Metro Tenants' Associations has been a voice for tenants for over thirty five years. We wish to express some views on the Harmonized Sales Tax as it affects tenants.
We are writing to express our concern regarding the application of the new Harmonized Sales Tax (HST) to residential landlords' expenses. This is a decision that will negatively impact rents, at a time when many tenants are already struggling.
The Federation of Rental-Housing Providers of Ontario (FRPO), a landlords' lobby group, has announced that the HST will lead to an increase in rents of 2.5% to 3%. We do not agree with their numbers. However, FRPO is correct that Ontario law will allow landlords to download some of their HST costs onto tenants. Section 126(1) of the Residential Tenancies Act, 2006 allows a landlord to raise tenants' rents when it experiences an extraordinary increase in utility costs. Some landlords will likely use this provision to ensure that their tax burden falls on their tenants, who are much less able to pay it.
We also point out that an increasing number of tenants are paying utility costs directly. Tenants are lower income Ontarions, and this will add to their housing costs.
Tenants in Ontario rely on stable rents as a matter of housing security. Any rise in rents will have a harsh impact on struggling families, and will result in an increase in the eviction rate in the province. Even if landlords are not able to pass their HST costs on to tenants, they can still raise rents when tenants move out, resulting in higher rents for anyone who moves to a new apartment.
For these reasons, the Federation of Metro Tenants' Associations supports FRPO's call for exempting rental housing providers from the HST. We also call for an exemption for utility costs when paid directly by tenants. We would be happy to discuss the issue with you further.
Yours truly
Dan McIntyre
Outreach and Organizing Co-Ordinator
Federation of Metro Tenants' Associations
Cc: The Honourable Jim Watson, Minister of Housing
Cc: The Honourable Bob Runciman, Leader of the Opposition
Cc: Andrea Horwath, Leader of the NDP
Cc: Vince Brescia, Federation of Rental Housing Providers Ontario