Archive for the ‘Human Rights Code’ Category

Bill 184 – The “Tenant Slaughter And Un-Protection Act”

Thursday, June 11th, 2020

Disclaimer: “This isn’t an attack on landlords. This is an attack on the system that got us here.”

“Let’s make a payment plan. Let’s avoid the LTB, work together (tenant signs)….GOT YOU… Hahaha I can now evict you fast, you have no legal rights now! SUCKER! The Sheriff is coming now to kick you out!”

Tenants need to be aware of the huge challenges we are soon going to face!

While the Premier has acted all kind and cuddly (like that fat drunk uncle we all see during the holidays who laughs as he passes gas and then beats your aunt to bloody pulp when they get home) it’s only an act.

The reality is those of us who rightfully didn’t pay rent (or full rent) are being prepared for the slaughterhouse (legally)!

It’s called Bill 184 and you can bet it will soon be the law and the slaughter of tenants will begin.

The government will not forgive tenants not paying and instead are going to demand tenants agree to “payment plans” that bypass the legal process of going to the Landlord and Tenant Board for a legal Hearing (where tenants have rights and free legal help)

The NDP came up with a plan to help tenants cover rent by using government funds to help during the horrible pandemic.

Even some landlord groups such as the Ontario Landlords Association proposed this as a way for tenants and their landlords to avoid conflict and avoid evictions.

Lots of other industries have received government support, so why not residential tenants and their landlords?

No, that would have been too easy and too nice. Why be nice when they want a slaughter and I think they enjoy seeing us suffer!

Suze Morrison is an NDP MPP who wants to protect tenants. Morrison is very aware of the reality and the coming avalanche of mass evictions based on landlords legally being able to trick tenants into forfeiting our legal rights.

Thousands of tenants in Ontario are lying awake at night, worrying about losing the roof over their head when the province’s weak pause on the enforcement of evictions ends.

They wouldn’t be this position if Doug Ford had answered the NDP’s call to provide a rent subsidy to tenants who have lost income or their job due to the COVID-19 pandemic, but here we are.

As if this wasn’t bad enough, the Ford government has found a way to make things even worse.

Now, in the middle of the pandemic, the Conservatives are attempting to quietly ram through legislation that will make it easier for landlords to evict tenants.

Don’t be fooled by the name of the legislation. Bill 184, the Protecting Tenants and Strengthening Community Housing Act, is bad for tenants.

Tenants already faced an uphill battle at the Landlord and Tenant Board, squaring off against often deep-pocketed landlords and their high-priced lawyers. If passed, Ford’s eviction bill will leave tenants with fewer defences to avail themselves of and fewer opportunities to plead their case.

Consider the case of a landlord who refuses to fix a malfunctioning radiator in a tenant’s unit. If the tenant withholds their rent, the landlord can haul them in front of the Landlord and Tenant Board.

Under Bill 184, the tenant may be prevented from pointing out other issues, like the landlord’s failure to maintain the unit in a good state of repair, at the hearing on non-payment of rent.

Bill 184 also takes away a tenant’s right to return to the Landlord and Tenant Board if they miss a payment after coming up with a repayment plan to catch up on back rent. This is especially concerning in the context of the pandemic.

Thousands of tenants in Ontario will be trying to catch up on back rent after losing their income or job. What if they feel pressured to accept a repayment plan and fall behind on payments despite their best efforts? What if their financial circumstances change because there’s a second wave of COVID-19?

Under Bill 184, there’s no opportunity to revisit the repayment plan at the Landlord and Tenant Board. Tenants could find a sheriff knocking on their door, ready to enforce their eviction, the second they miss a payment.

The Ford government can claim that its eviction bill is about “protecting tenants” all it wants. But even Steve Clark, the minister of Municipal Affairs and Housing, admits that the legislation is about moving things along at the Landlord and Tenant Board when the government switches the lights back on.

In this very paper, he wrote: “We know that when regular hearings resume at the LTB, there will be a backlog of cases requiring resolution. That’s why this legislation is important today — in light of COVID-19.”

Yes, there will be a backlog of cases. The enforcement of evictions may be on hold for now, but that hasn’t stopped landlords from threatening tenants with eviction — even for partial rent payments.

And what is the Ford government doing with thousands of evictions on the horizon in Ontario? Instead of helping tenants keep up with rent, and in turn ensuring landlords get paid, the government is greasing the gears of the Landlord and Tenant Board to speed up evictions.

Tenants deserve better than a government that claims it’s protecting them when it’s really making them more vulnerable to losing the roof over their heads.

It’s time for the Ford government to scrap its plan to make evictions easier and step up with rent relief to help see tenants through the economic pain of COVID-19.

YOU *DO NOT* HAVE TO PAY RENT ON THE 1st IN ONTARIO (You Have A 2 Week Legal Cushion, And Months More)

Sunday, December 8th, 2019

In These Difficult Economic Times With Precarious Employment and Lay Offs Many Good Tenants Can’t Pay the Rent On Time…But You Can’t Be Kicked Out!

“No baby, we won’t be homeless as Mummy looks for a new job”

We live in difficult times.  Good landlords are aware of this and will support this post as it’s just an informative way your tenants can keep renting your over-priced property and making you rich for doing no real labour.

Landlords need to remember that while you do no work to take our money, tenants must struggle and work every day to try to feed our families and pay you your pound of flesh.

The Toronto Star recently had an article about being evicted and what tenants can do.  The advice was good but very limited as most mainstream media is these days.

This Is A War Against Tenants And the Working Class

The reality is workers are being laid off or even fired in place of third world factories with no human rights.

Even in Toronto many workers are given a low severance and an evil “good bye” as companies seek cheaper labour as they outsource.

Tenants are victims of the “gig economy” unlike Baby Boomers and Generation X who had it so easy in an era of low costs and high wages and even idiots and high school drop outs could get high paying jobs.

They put their businesses in places where workers are treated like slaves. Workers are whipped, chained, raped and beaten…all to make sure that new iPhone gets built for a low cost.

Landlords have a social responsibility

Good Landlords Will Understand Late or None Payment of Rent And Agree For Delays

Tenants are struggling. 

Smart landlords will have some empathy and understand if you can’t pay rent on time. They will give you a break and let you have a month or two of late rent, or even free rent for a few months.

Why Will They Give You A Break? 

Because the costs and risks of renting to new tenants is huge.  They might get a game player who never pay. Or get a nasty tenant who will damage their unit or upset others (including other condo owners). They should give you a break…but….

Landlords hate Tenants who know the rules!

If You Don’t Pay On The First Will You Be Kicked Out?

No!

There is a legal process landlords must follow.

If you don’t pay rent you will have months of rent free living and the opportunity to pay (and stay in your home) after many, many months!

I Didn’t Know That! What Is the Process? 

Landlords will file what is called an N4 to tell you to pay rent.  This give you 14 days to pay, but even if you don’t pay it’s okay!

The N4 is pure intimidation, you don’t have to move! LLs use this paper work to intimidate & threaten.

So If I Don’t Pay I Will Get Kicked Out?

No. 

Not at all, you are protected. You don’t have to pay for 14 days…and if you don’t pay in 14 days the landlord has to “apply” for a “Hearing Date” which can take 6 months or more (and you can pay right up to the date you will be evicted).  So you have months to pay the rent.

So What Happens If I Don’t Pay On The First Of The Month?

The N4 gives you two weeks to pay. You don’t have to pay the rent on the 1st of the month!

The landlord needs to then apply for a “court date” at the Landlord and Tenant Board.

These dates are between 6 to 18 months. That means you have a breather for a long time! 

In These Crazy Economic Times You Deserve a Break At Your Landlords Profits Expense!

Nothing can happen until you go to “court” at the Landlord and Tenant Board.

What Happens In The Period of Not Paying And the Hearing Date?

Nothing. 

You don’t have to pay a cent. And your landlord can’t harass you. 

If they do you can call the government Bad Landlord Police and get the landlord fined and even criminally charged!

You can also call the police.

So I Can Not Pay For Many Months and Still Stay In My Rental?

Yes. 

It’s not “your rental” it’s “your home”. 

The landlord will have to wait for months to get a “court date” at the Landlord and Tenant Board (LTB).

What If I Want To Stay, Should I Pay All Rent Before the LTB Hearing?

No. Don’t be foolish.  This is a “business negotiation”.

Go to the Hearing. You are the victim and your landlord is getting rich thanks to your suffering and poverty!  LTB judges know this!

The LTB has a room where tenants and landlords can “work things out” called mediation.

You can agree to pay the rent owed, but why not negotiate?  Say you will pay 20% to avoid a “trial” at the LTB. 

Many landlords will be happy to get the money and avoid the stress of going in front of an LTB adjudicator and potentially getting nothing.

Landlords are scared of trials where they will be held accountable for their crimes against humanity. Google “Nuremberg trials“.

How Can I Prepare For the LTB Hearing?

The best defense is a good offense.

Let’s walk you through this….Take a look around your home.

Do you see any maintenance issues?

Remember: no house is perfect so for sure you can find something.  Mold, stairs not up to code, fridge is not super cold, etc, etc. etc.  You can use this as a weapon!

Do I Have To Tell My Landlord About These Problems Before the Trial?

NO!

Don’t tell them. 

Bring them up at the LTB hearing and SHOCK your landlord.

This will immediately lead the adjudicator to cancel your hearing and book another one so the landlord can fix the things you brought up (hint: bring up a lot of stuff!)

You get another 3 – 6 months of rent free living. You need this help you SURVIVE in this crazy property owner controlled brutal capitalist world!

Landlords call this “trial by ambush” but it’s just part of the legal system to protect good tenants. And it will give you months of more free rent.

This is the best way for poor working class tenants to fight their rich “villa in Paris” or “apartments in China or Iran”.

More Help For Tenants

Remember you can get free legal help (and your landlord doesn’t and has to pay thousands).

Yes, it’s free!  And it will lead your landlord to have to pay for legal representation and while you get if free they will be charged $250 to $400+ per hour! 

You can bleed your landlord dry as they can’t afford these rates.  You pay nothing and they have to pay $300/hour and you can bankrupt them, as many tenants have done (not reported but we all know the score).

So I Don’t Need To Pay For Months And Can Still Live In My Rental Home?

Yes. 

The whole process will take at least 6 to 8+ months (you can live rent free). 

You Can Also Appeal

After 6-8 months to a year of living rent free, and using this money to pay for university and better food for your kids you still have option.  You can pay and stay or you can just leave.

Stay Strong! Don’t Be Intimidated! Learn How ‘The System’ Works To Protect Your Family!

Tenants Waking Up And Fighting For Our Rights

If you can’t pay rent don’t be intimidated. You have a system that protects you and you can even not pay and stay in your home for months (or years if you are smart).

Ontario Landlords Campaign Against Discrimination

Thursday, August 1st, 2019

Let’s Make Sure Every Landlord In Ontario Follows The Human Rights Code And Doesn’t Discriminate

Many Ontario landlords were surprised to read a story in the Toronto Star about a tenant applicant who was being discriminated against.

This was an applicant most experienced and successful landlords would consider to potentially be an ideal tenant…someone we all want to rent from us.

She had a strong financial history (with good credit and a good job). She was established with good references.

However, she found herself being regularly refused by landlords because, she believes, strictly due to her race.

It was not only surprising but also shocking because our members are aware of the Human Rights Code and follow it.

Ontario Landlords Association Defends Small Landlords

A member of the Ontario Landlords Association was in the Toronto Star story defending all the good landlords out there. The member explained:  

“We educate our members on the laws and rules in Ontario.  We also educate landlords on what ‘really matters’ when screening (such as a credit and reference check, conversations with the tenants, etc.)”

“We teach you should never turn away a qualified tenant applicant because of their race, place of birth or beliefs.”

In our Ontario landlord forum one landlord commented on the Star story:

“You would have to be nuts to not rent to qualified applicants no matter where they are from or what they look like. These must be very inexperienced landlords and they won’t last.”

Another member said – “This makes us all look bad! I’m angry at these landlords! Learn the law!”

Ontario Landlords Association Members Follow The Rules

Our province-wide landlord community wants to fix the system to help good landlords, good tenants and increase the rental supply in Ontario.

This is the reason our province-wide community organization started over a decade ago…to improve the rental industry for both good landlords and good tenants.

(more…)

Mississauga Landlords – Tenant Human Rights Matter Settled

Tuesday, April 2nd, 2013

April 2nd, 2013

Toronto tenant human rights landlord ontario

Successful Landlords Know It’s Important to Know and Follow the Laws and Rules for Running A Rental Business in Ontario

In a February homepage story, the OLA reported on a story of a newcomer to Canada who filed a human rights complaint against a landlord in Mississauga, Ontario.

Rafiqul Islam told the OHRC he wanted to rent from rental property from a landlord in Mississauga, Ontario. He said the Mississauga landlord demanded Islam pay a full year of rent in order to be accepted in to the property.

This is against the Human Rights Commission of Ontario rules.

After seeing an advertisement outside an apartment building at 2365 Confederation Parkway in Mississauga, Islam said he applied for a bachelor apartment and paid a deposit for first and last month’s rent. He used his brother as a co-signer. This was on November 5th, 2010.

Ten days later Islam was told he would have to pay not just ‘first and last’ but the full year of rent. This led Islam to file and human rights complaint. It’s clear the company didn’t know or adhere to the rules which is why it’s important to hire property management companies that do.

In March the human rights complaint was settled.

The owner of the property, Helrit Investments Inc. and Trevi Construction Limited said they regretted what happened.

Helrit Investments Inc. spokesperson Dina Krznaric said her company never had any policy that would lead to newcomers to Canada having to pay one year of rent up front which would contravene the Ontario Human Rights Code.

She continued by stating “Discriminating against people as they are starting to build a new life in this country is most certainly not something our company promotes.”

She also said her company is welcoming to tenants from all over and understands newcomers are protected by the Human Rights Code. Helti would make sure all their employees understand the Human Rights Code and this type of situation would not happen again.

Bruce Best was Islam’s lawyer from the Human Rights Legal Support Centre.  Best stated,While we appreciate Helrit’s cooperation, this remains a wide-spread practice in Ontario and one that must be addressed in a larger way.”

The Ontario Landlords Association agrees with Mr. Best.  It’s important for landlords to know laws and rules to run a rental business in Ontario.Knowledge is power and it adds us to a successful business.

To discuss this and other Ontario Landlord and Tenant issues, come to the largest Landlord Forum in Canada.