HPTA Position on Ontario Bill 184

As submitted to the appropriate Ontario Government legislators, please find a transcript of the HPTA’s official position on Bill 184 (Ontario Eviction Bill).

Re: Ontario Bill 184 Amendments to the Residential Tenancies Act, 2006

Dear Minister Clark,

The High Park Tenants’ Association is Toronto's oldest and largest private rental accommodation tenant association representing nearly 4,000 residents domiciled in 2,619 high-rise apartments in 10 high-rise buildings and 2 townhouse complexes.

According to the Statistics Canada 2016 Census, renters comprised approximately 45% of the population of Toronto. Several recent surveys have put the current number at closer to 50% as accommodation affordability has since decreased. Renters comprise more than 30% of the population of the entire province. Please recognise that the impact of Bill 184 will be very widely felt.

Recent changes to rent control regulations, the Ontario Municipal Board and the Local Planning Area Tribunals have enhanced landlord's and developer's benefits, mostly at the expense of their tenants. Bill 184's modifications to the Residential Tenancies Act, 2006 appear to continue this troubling direction.

We are concerned that many of Bill 184's proposed changes will be detrimental to the secure tenancy of our residents. In particular, the following Sections are especially troublesome:

Section 82 - The requirement that a tenant provide advance, written notice to the landlord within a time period (not specifically identified in Bill 184 or readily found in the rules) in order to present mitigating evidence for non-payment of rent at a Landlord and Tenant Board eviction hearing will be onerous for most tenants, particularly those who may not have the means to afford representation.

Section 87 - This Section is silent on whether a retroactive lump sum owing under an Above Guideline Increase Rent Order issued after a tenant has vacated the premises, but effective before the tenancy ended, constitutes an arrears of rent that is eligible for collection for up to one year after the tenant has ended the tenancy.

Section 135 - It is unreasonable to allow a landlord to retain an increase in rent that is illegal because of its failure to comply with the notice requirements of RTA Section 116 unless the tenant notices the failure, stops paying the illegal amount, and objects to the landlord within one year of the landlord's infraction. It assumes a level of familiarity with the RTA that most tenants simply do not possess and is patently unfair.

We respectfully request that you stop the erosion of the rights of the significant tenant component of your constituency by removing or modifying these Sections before Bill 184 receives royal assent.

Yours sincerely,

Kathleen Burke

President