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Co-op Eviction Bill

The Government of Ontario has proposed that the law about eviction from non-profit housing co-operatives (“co-ops”) be changed. These organizations meet important housing needs for low- and moderate-income Canadians. They support mixed-income communities and active involvement in housing issues by their members. For more information about non-profit housing co-operatives, see here: http://www.chfcanada.coop/eng/pages2007/about_1.asp

Co-op members can be evicted from their homes for many of the same reasons that tenants can be evicted – including non-payment of housing charges, bothering other people, and causing damage. Currently, these co-op eviction cases are heard by the Superior Court of Ontario and not by the Landlord and Tenant Board. This means that the cases are often expensive and time-consuming for the co-op and the member.

Co-ops asked the Government of Ontario to change the law so their eviction cases would be heard by the Landlord and Tenant Board. The government agreed to this request and has proposed a new law (at http://www.ontla.on.ca/bills/bills-files/40_Parliament/Session1/b065.pdf). ACTO supports this change, but there are some problems with what the government is proposing. The Bill will be debated in the Fall session of the Legislature. Here are the issues we want to see addressed:

1. Members of co-operatives need an impartial process to ensure that co-operatives meet their responsibilities to provide safe, quality housing

Tenants can apply to the Landlord and Tenant Board to get repairs done or to stop harassment and interference. Co-op members should have the same right.

2. All eviction applications by co-operatives should be heard by the Landlord and Tenant Board

Co-ops and their members recognize that Superior Court has become too expensive and time-consuming. But the new law would still allow co-ops to apply to this Court for eviction orders for reasons outside of the broad powers of the Landlord and Tenant Board. This could lead to unfair evictions.

3. Elimination of appeals to the co-op membership is unfair

If a co-op’s Board of Directors decides that a member should be evicted, he or she now has the right to appeal that decision to the full membership. The new law would take that right away, but allow the co-op to bring it back by passing a by-law. This important right should be available to all co-op members.

4. The Landlord and Tenant Board needs the power to determine subsidy questions in order to resolve disputes about arrears

The government has tied the hands of the Landlord and Tenant Board by taking away its power to decide if a subsidized rent is calculated properly. Under the new law, the LTB would not be able to review subsidized housing charges in co-ops in eviction applications. Tenants and co-op members receiving subsidies should have the right to challenge the calculation of their rent, just like private-market tenants do.