Posts Tagged ‘Harry Fine’

Ontario Landlord Tenant Board Is Facing New Challenges And Needs Your Help

Friday, January 1st, 2021

Let’s Fix The Landlord and Tenant Board in 2021

Small Ontario landlords were happy when the Ontario Landlord and Tenant Board (LTB) finally re-opened and began having video hearings.

The LTB had been closed for months and this led to some tenants not paying rent. Not getting rent created severe financial challenges for thousands of small ‘mom and pop’ landlords all over Ontario.

A Disaster For Small Landlords

Some landlords even had to sell their rental properties because they needed rent in order to help cover their mortgages, property taxes, and increasingly expensive maintenance costs.

Many others had to max out their credit cards, get loans and borrow money just to keep from going bankrupt. They are now worried about getting the needed income to pay for these huge debts.

For many small landlords the LTB shut down was a nightmare.

When the LTB finally re-opened small landlords felt better and began to trust the system to help them. However, there was great frustration within our community over the long wait times to get a hearing date.

Finally, over the past couple of months the LTB has started to operate efficiently to clear the incredibly long backlog of cases.

Small landlords, at last, began to see the light at the end of the dark, long tunnel.

Tenant Groups: The Landlord and Tenant Board Is In a “Crisis”

Now that hearings have started many tenant groups are unhappy and want to shut down the LTB.

They say there is a crisis at the Landlord and Tenant Board.

They claim that the online hearings are unfair to tenants who have not been treated with respect. In addition, they say some LTB adjudicators are not acting professionally and denying tenants their legal rights.

This led the NDP to call for a shut down of the LTB

The NDP wants to shut down the LTB and ban evictions.

All tenants get free legal help (no matter their income) and the legal clinics have reached out to the Human Rights Commission to halt Hearings and re-examine LTB decisions over the past few months.

Ontario Small Landlords Need The LTB To Remain Open…We Also Want Fairness for Both Good Landlords And Good Tenants

Most small ‘mom and pop’ landlords are good, working class people who want to create high quality, affordable housing. We want to take care of our tenants and our rentals and hope it can help provide a little bit of cash flow and help us during our retirement.

We used to rent ourselves and have relatives and friends who rent now. We have nothing against good tenants and just want a fair, efficient system to help both good landlords and good tenants.

These are challenging times and the LTB reached out to the Ontario Landlords Association to ask for our members help.

This was sent to us by the leadership of the Ontario Landlord and Tenant Board:

December 22, 2020

TO:                 Ontario Landlords Association Stakeholders

FROM:           Karen Restoule, Associate Chair,  Lynn Dicaire, Registrar

RE:                 Year-end Message from the LTB Associate Chair and Registrar

It has been a hard year for so many of us, and for so many reasons.

As a result of COVID-19, LTB operations have transformed at unprecedented speed and scale. Our service counters remain closed and hearings continue to be conducted by videoconference, teleconference, and through written submissions.

The LTB has been working continuously to offer quality dispute resolution for the thousands of people across the province who rely on us while prioritizing the health and safety of all.

During this change, we would like to express our appreciation for you, our stakeholders, for your patience, cooperation, and shared commitment to fair and timely dispute resolution.

In July, as a result of amendments to the Residential Tenancies Act, 2006 (RTA) the LTB proposed changes to its Rules, guidelines, and forms and opened the door to public and stakeholder input. In August and September, we met virtually with more than 15 stakeholder groups and received more than 40 written submissions. Since then, we have met virtually with more than 18 stakeholder groups.

Your willingness to engage openly and honestly with the LTB has been important to our process. Not only did we receive helpful feedback on the proposed changes to our materials and procedures as a result of Bill 184, but you also raised concerns and offered advice related to topics like virtual hearings, electronic filing, and the use of alternative dispute resolution.

The LTB is committed to open and ongoing stakeholder engagement. We value your experience and perspective on landlord and tenant matters.

In January, we will organize another round of engagement meetings with stakeholders. These meetings will complement a call for written feedback on proposed changes to guidelines and forms for upcoming RTA changes related to Bill 184. We welcome your input on our proposed changes to our processes and procedures. We hope you will participate.

Before we close, we’d like to take this opportunity to share a few operational updates.

We will continue to hear tenant applications and urgent matters from December 22 to January 4. In early January, the LTB will add landlord-seized and adjourned matters to the schedule, and landlord and tenant case management hearings will resume. Hearings for all application types will resume on January 18, 2021.

Finally, as we continue to work to address the large volume of pending applications and requests, we continue to ask for your patience.

Applicants will continue to experience delays. At this time, the LTB is shifting its operational staff to respond to priority areas and cannot provide accurate application processing and customer service response times. Once an application is processed, a letter will be sent to the applicant providing their file number so they can Check File Status on our website for their hearing date once it has been scheduled.

To stay up-to-date on other developments at the LTB, we encourage you to visit our website regularly and subscribe to our Latest News.

Thank you again for your continued engagement with the LTB. This meaningful dialogue provides the LTB with a deeper understanding of the challenges faced by our users and helps us to identify opportunities to improve everyone’s experience with the board.

On behalf of all LTB staff and adjudicators, please accept our warmest wishes for a safe holiday and Happy New Year. We look forward to connecting with you in 2021.

Warmly,

[original signed by]       [original signed by]

Karen Restoule

Associate Chair

Lynn Dicaire

Registrar

 

Let’s Fix The LTB in 2021

We appreciate the LTB reaching out to us once again.

Many don’t realize the OLA stopped a lot of extremely anti-small landlord measures in the past by being in regular contact with former Premier Kathleen Wynne (also when she was Housing Minister) and explaining our positions.

For example, “Own Use Evictions” still exist…when it almost didn’t thanks to the efforts of many of our senior OLA members.

Small Ontario landlords need the LTB to remain open to evict those who haven’t pay rent for months and leading to ridiculously unfair hardship on us.

We also understand the tenant groups frustration with some adjudicators not being fair. The LTB is a “court” and we need to make sure that the LTB treats both landlords and tenants with respect and the ability to make our cases.

Small Ontario Landlords Can Provide Solutions

Make sure you contact us with your ideas, concerns and hopes to fix the LTB and protect good landlords and good tenants (and making sure the bad apples are treated accordingly.)

There are too many “one person” shows now and we need to all come together and be united. Together we are strong.

Contact Us – Make Sure Your Voice Is Heard LOUD AND CLEAR:

Please send us your thought and ideas.

What happens in the next 30 days will have a major impact on the Ontario private rental industry for years to come.

Play a role and get your voice heard!

Email: landlordvoices2021@activist.com

Rental Application, Guarantor Form, Notice of Intent to Enter…all updated documents for 2011!

Saturday, January 22nd, 2011


1. 2011 Rental Application

2. 2011 Guarantor Form

3. 2011 Notice of Intent to Enter

 

The Bentley-driving tenant from hell

Thursday, August 26th, 2010

By MICHELE MANDEL, Toronto Sun

She’s b-a-a-a-a-ck.

The Bentley-driving, condo-trashing tenant from hell who likes to claim she’s a Persian princess is back before the Landlord and Tenant Board for the umpteenth time.

Call her Mojgan Amir-Davani — or by her other six known monikers: Mozhe Aamere, Mozhe (Mozhgan) Avanni, Mozhe Amerjhajar, Mozhe Sheena Mere, Mozhgan Amere Ghajaar or Amiri Mojgan.

Whatever her alias, her modus operandi is the same: She’s terrorized at least four high-end condo owners in North York, convincing them she’s a successful broadcasting executive only to turn into a destructive squatter who expertly plays the system for months of free rent before she’s finally turfed out and moves on to her next victim.

We first told her tale here in January, of frustrated landlord Jane Randall who rented her investment property to the dark haired beauty only to be stiffed with $12,000 in unpaid rent and thousands more in damage.

Claiming to be suffering from cancer and refusing to move, her dog’s feces spilling off her balcony, the carpets stained with blood and urine, Amir-Davani was brilliantly manipulative.

When Randall repeatedly turned to the tenancy board for help, she was told to wait. And wait some more.

Six months later, she finally left only to move down the street into a Hollywood Ave. condo owned by another small landlord who’s now going through the same horror story.

We’ll call him Frank because he’s too embarrassed to use his real name. Renting out his two-bedroom luxury unit for the first time, the 35-year-old scientist was counting on the $1,920 monthly rent to help pay off his student loans and mortgage.

He figured his realtor had found him the ideal tenant when she arrived in a chauffeur-driven Bentley to sign the deal in February.

She said she was newly arrived from California and provided a reference no one seems to have checked.

Within a few months, his kitchen was damaged by fire, tenants below were complaining about feces dripping from her balcony and her rent cheques began to bounce as hard as a rubber ball.

Amir-Davani didn’t respond to a request for comment.

During a recent inspection, a contractor told Frank it will cost $9,800 to repair the damage so far. He’s also out $2,000 in legal fees and at least $6,000 in arrears.

“It’s hard to sleep some nights,” Frank admits. “The financial cost is one thing. But then there’s the emotional thing: Is she ever going to be out?”

He’s turned to Harry Fine, president of Landlord Solutions and the paralegal who helped evict Amir-Davani from a Harrison Garden condo in 2007.

“I see it every week and my heart goes out to them,” says Fine of naive landlords scammed by professional squatters. “They don’t check references. They don’t do credit checks.”

She finally agreed to move by Aug. 7 as long as Frank waived her back rent and damages. Not surprisingly, the date came and went, with her still comfortably ensconced in his ruined condo.

What she didn’t know is that Fine arranged for her to be confronted by Frank, Randall, and her 2007 landlord when she arrived at her eviction hearing Aug. 9.

“Like a husband walking into a room to be faced by his three ex-wives who had been exchanging stories, the tenant walked into the hearing room Monday morning to find not one but three of her victims,” Fine recalls. “She was furious.”

A landlord and tenant adjudicator gave her until Aug. 31 to leave. But Frank’s hardly home free: As soon as Amir-Davani files an appeal — and she’s vowed to do so — he’ll be back waiting for yet another hearing and yet another eviction date.

“The legal system just takes forever and is so weighted to the side of tenants,” he complains.

Which makes even less sense when this notorious tenant has been the subject of so many eviction hearings.

“She’s been in the exact same hearing room and still it goes on? How does someone get away with that?” he sighs.

“She’s the tenant from hell and beyond.”

http://www.torontosun.com/news/columnists/michele_mandel/2010/08/20/15092061.html

Letter to Bob Ward, CEO Legal Aid Ontario

Saturday, December 5th, 2009

Friday, December 4, 2009

Letter to Bob Ward, CEO Legal Aid Ontario

This morning I drafted a letter to Bob Ward, the President and CEO of Legal Aid Ontario, asking him to consider the abuses in the funding of tenant advocacy in the landlord and tenant sphere.

I hope others take up the cause to achieve fairness and balance. Mr. Ward can be contacted at the address below, or you can fax your concerns or complaints to LAO at 416-979-8669:

Mr. Bob Ward, President and CEO
Legal Aid Ontario
Atrium on Bay, 40 Dundas Street West, Suite 200
Toronto, ON M5G 2H1

New player entering into Landlord and Tenant wars

Thursday, September 10th, 2009

It’s nice to see small landlords starting to organize. God knows, tenants’ organizations, funded by governments at all levels have been organizing, lobbying and pressing governments for

the last 25 years. Make no mistake about it….there is a war going on, with the poverty activists such as ACTO, Legal Aid Ontario, CERA, FMTA and others well funded and well organized.

Strangely enough, it’s the government that keeps the fires of war stoked, as they promise and create programs and fail to fund them, creating a frenzy by groups attempting to get their
share. To compensate for the under-funding, governments put onerous and oppressive regulations on landlords so that they don’t have to go to the electorate with a ballot question about
housing.

Small landlords have to some extent been out of the loop and silent in the battle. There is the Landlords’ Self-Help Centre, the only landlord-side legal clinic funded by Legal Aid
Ontario. But the LSHC is not there to be an activist or militant voice, but to educate and provide legal advice to small-scale landlords. There are organizations for corporate landlords,
such as FRPO, GTAA and MDSA, but they tend to take a corporate, more measured approach.

There is a new voice with a new web site through which Ontario landlords can share advice, ask questions, discuss tenant issues, perhaps even post “bad-tenant” lists. It’s about time.
Small landlord investors, encouraged to buy properties through low interest rates and an aggressive real estate industry, have not been treated well in the current system. The government is
schizophrenic on this file. They want housing. They want affordable housing. Yet they treat all landlords in a monolithic fashion through the “One Size Fits All” Residential Tenancies Act.
I can tell you that one size does not fit all, and government needs to nurture and attract investors, or the alternative is that government will have to build and operate social
housing.

The new web site, which is scheduled to debut in the next day or two, was born out of a group of passionate small landlords who recognize the unfairness of the system, and want to fight
for change.

Call them militant, but folks, there is a war on out there, and the tenant side is over-funded, over-represented and has the ear of governments. If you are a small landlord, go to their site, join the forums, participate, learn, teach and hopefully prosper.