We have not been in this building very long, but hear lots of rumors about bullying and harassment of tenants and so forth -- along with suspicions that tenants with older leases are being targeted in hopes that they will leave so the units can be re-rented at higher rates. We have not PERSONALLY observed any such behaviour, but when we heard that there was to be a harassment hearing on a complaint against Hollyburn filed by a long-time resident, we took the time to go over to the LTB (Landlord Tenant Board) office to WATCH and LISTEN.
In case anybody else is ever moved to go to an LTB hearing to observe, here is what to expect.
Complaint cases are not scheduled at precise times, but are instead lumped together in groups and called based on the order of the file folders on the hearing officer's desk. So, there is a lot of waiting. It is not required that one refrain from reading and so forth while waiting -- as it is in some courts -- and instead we saw people reading, working on computers, and in one case SORTING a huge pile of paperwork onto a group of chairs.
There are microphones hanging from the ceiling at the front of the room, presumably for the recording devices, but it is difficult to HEAR much beyond the first couple of rows of chairs.
We did not know the 20 Prince Arthur tenant by sight, but when the Hollyburn manager started talking to her, we figured out that she was the complainant. She was accompanied by a lawyer, the manager was not. There was a man WITH him, but that person clearly was not a lawyer.
The Hollyburn manager came to the back of the room to ask us what we were DOING there. It is a public place and hearings are open, so we truthfully replied that we were interested in the process and wanted to observe.
When the 20 Prince Arthur case was called, the Hollyburn manager insisted on mediation instead of an open hearing, and while the complainant wanted a public hearing, she went along with mediation. The result was that the hearing officer declared a three-month waiting period -- Probation? Cooling off? -- and the parties are to return at the end of that time.
While sitting through multiple case hearings at an LTB office may not be everybody's idea of a good time -- we found it very interesting. There were cases from all over the city, with multiple cultures and personalities represented. One woman was there to help a friend, and put on such an impressive performance that we congratulated her on her way out and asked if she were a lawyer. She replied that No, she was not a lawyer -- but had watched lots of LAW and ORDER programs!
So, I guess the bottom line of our observations is that the light of day is a good thing and transparency is to be valued and encouraged We work at home, so are not bound by office time schedules, and the LTB office is near where we pick up our business mail. Since one can read or do analysis in the back of the room while waiting for cases of interest, we may do this again if there are more 20 Prince Arthur cases.
M. Welles
Monday, February 23, 2009
Monday, February 2, 2009
Sunday, February 1, 2009
EVICTION THREATS
See
http://www.ltb.gov.on.ca/en/Key_Information/170036.html
Under the new Landlord/Tenant Act, effective January 31, 2007, ex-parte evictions are no longer legal. There are formal procedures to be followed, depending on the reason the landlord claims eviction rights, and the tenant must be given a hearing and chance to both RESPOND and CORRECT deficiencies.
Verbal threats not followed up by formal, WRITTEN notice constitute ‘bullying’ and tenants can file HARASSEMENT complaints. See various topics in
SMOKE AND OTHER SMELLS
Given the age of the building and the construction of the vents, little can be done (other than keeping filters replaced) to reduce the spread of smells from unit to unit. However, some members reported that the VENTS in the ceiling appear to need cleaning and some may be clogged at the roof level. Residents with such a problem in their units should submit a work order for vent cleaning.
HEAT
A number of residents have voiced complaints about low temperatures in their apartments. If your apartment feels cold, document the temperatures with a good-quality thermometer and verify that it does not meet code. The Toronto Municipal Code, 497-2. “Minimum temperature” states:
“ A landlord shall provide heat to a dwelling unit that is rented or leased and that is normally heated at the landlord’s expense so that a minimum air temperature of 21 degrees Celsius is maintained in all areas of the dwelling unit from the 15th day of September in each year to the 1st day of June in the following year.”
There is a formal complaint and inspection process, but it is necessary to show that any building-specific maintenance request processes have been carried out. If your apartment temperature is below 21 degrees, file a work order with the building management to correct the heating problem. Management will verify your apartment temperature. If it is below 21 degrees, they must fix whatever problem causes the substandard temperature. If they do not within a reasonable time, there is a formal City of Toronto complaint and inspection process that must be followed. Before starting this process, make certain that the problem really exists and hasn’t been corrected within a reasonable time. Management is not required to provide apartments with more heat than the minimum 21 degrees absolutely required by this section of the Municipal Code, even though they may have done so in the past. See
http://toronto.ontariotenants.ca/heat.phtml
SECURITY
There have been frequent break-ins and thefts from storage lockers or cars in the underground garage. Report this to management, of course, but also CALL THE POLICE at 416-808-2222. They may not be able to DO anything about your loss, but FILE A REPORT so that police know WHERE in the area crimes are taking place. They can then allocate resources accordingly. Furthermore, savvy prospective tenants often check police reports, so it is to the advantage of management to MINIMIZE police reports by improving building security.
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