Tenant/Hollyburn Harassment Hearing As Seen from the Back of the Room

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

Thank you

This is a great idea. Thank you to everyone who set up this blog.

GARBAGE AND RECYCLING

(to be provided after consultation with building management)

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

http://www.ltb.gov.on.ca/

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 15^th day of September in each year to the 1^st 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.

It is unwise to leave ANYTHING in parked cars, or to put into the storage lockers anything of value. Even for such routine items as empty suitcases, be sure to check insurance coverage.

ACCESS TO VISITOR PARKING, LOADING DOCK AND MOVING ELEVATOR

The loading dock and door to the moving elevator are located at the rear of the building, and accessed through the outdoor parking lot. That lot is also the Visitor’s Parking Lot, and is guarded by a locked gate.

Supposedly, dialing 6 on a landline connected to the intercom system will open the gate. However, that is not possible for those tenants not connected to the intercom, or who are OUTSIDE and not upstairs in their units.

So, to get access to the loading dock and moving elevator, one must go inside and ask at the Resident Manager’s office. If no one is there, one must prowl around the basement and other parts of the building to find a staff person who can both open the gate and put the elevator on service mode.

BUILDING ACCESS SYSTEM

The ACCESS system from the vestibule to individual units, intended to ring in each unit for the purpose of admitting visitors or those without building keys, requires a land telephone line. The increasing number of tenants who have cell phones instead of landlines have no ability to admit visitors to the building or to visitor parking.

It is intended that visitors be admitted by pressing ‘9’ on the land line phone to unlock the downstairs door, and ‘6’ to open the gate to the visitor parking area.

The system is old, and even units with landlines can find that they suddenly do not work or that it is not possible to HEAR what a caller in the vestibule is saying.

This Health and Safety issue has been reported to the president of Hollyburn Properties,

Director Paul Sander

President, Hollyburn Group

c/o B.C. Apartment Owners and Managers Association

#203 - 1847 West Broadway

Vancouver, B.C. V6J 1Y6

and was relayed all the way down the chain of command to the Property Manager here. There is as yet no indication that anything is being done to correct this problem. The police tell us that THEY can always get into the building – and when asked HOW, pointed to the physical strength of police officers. Fire Department personnel can always get in.

However, in the event of a medical emergency, units lacking intercom service have no way to admit responders. In the event that anyone is killed or injured as a result of this GLARING lack of service, PATA has documents proving that Hollyburn was made aware of both the problem and the potential liability, and copies of these documents will be furnished for legal action by anyone harmed.

AIR FILTER CHANGING

There are several filters in each apartment. In some buildings – and in this one in past years – filters were routinely changed twice a year, at the start of the heating and air-conditioning seasons.

Now, it is necessary to fill out work orders to get filters changed. This is well worth doing, because clean filters help both with air flow (and hencetemperature control) and with the control of odors from other units. This is an old building, and it is not possible to close the air vents running through the ceilings, so there is seepage of odors.

AIR FILTER CHANGING

There are several filters in each apartment. In some buildings – and in this one in past years – filters were routinely changed twice a year, at the start of the heating and air-conditioning seasons.

Now, it is necessary to fill out work orders to get filters changed. This is well worth doing, because clean filters help both with air flow (and hence temperature control) and with the control of odors from other units. This is an old building, and it is not possible to close the air vents running through the ceilings, so there is seepage of odors.

LAUNDRY

The Laundry Room is in the basement, adjacent to a room with sofas and shelves where unwanted books, magazines, or small household articles can be disposed of in case anybody else wants them.

There are 8 top loading washing machines, and 8 front-loading dryers. The dryers run for approximately an hour on a single token.

The cost for both washing and drying is $1.75 per load. Tokens are available in envelopes of 10 from the Resident Manager’s office in the lobby. Since that office is not always staffed, it is wise to buy tokens in advance of need.

The filters in the dryers are long, open, and near the front. Thus, clothes being dried often gather lint from the filters, and especially can get linty when clothes are removed. So, even though one is supposed to clean the filters both before and after using the dryer, it is a good idea to ALSO clean them from time to time DURING the drying cycle.

Using one’s fingers to clean lint filters is unpleasant, so one way to handle this is to go into the bathroom off the adjacent room and get some toilet paper to use in cleaning the filters.

MAINTENANCE - WORK ORDERS

To request maintenance in a unit, fill out a dated work order (available from the Resident Manager’s office in the lobby.) Keep the yellow copy, and note the date when the work has been completed. If you do not hear anything about your work order or the work has not been done within a week, notify PATA.

RENT INCREASES

Above-Guidelines rent increases (AGI’s) are becoming almost annual. There is a procedure for shielding landlords from unusual expenses such as drastic increases in utility or property tax costs, or unusual and necessary capital expenses.

There is an impression among 20 Prince Arthur tenants that this process is being distorted and abused. Current rules about passing through capital expenses require that these be Necessary, NOT cosmetic, and NOT solely for enhancement of prestige of the building. But expenses that promote energy conservation or promote handicapped access CAN be passed through to tenants.

Here is a PATA newsletter report of the January 22, 2009 AGI hearing:

“Eight tenants and our paralegal, Kevin Milburn, attended the hearing with 60 proxies from other tenants. After several hours of negotiation, the AGI increase was reduced from 1.94 % to 1.65 %. Because the portion related to construction of the decking outside the building only applies to tenants who resided here when the work was complete, tenants who moved in on or before July 1, 2008 will have an increase of 1.65 % plus the guideline of 1.8%, or 3.45 %. For tenants who moved in after July 1, 2008, the increase is 0.90 % above the guideline, or 2.7 %. Increases will go into effect on each tenant’s lease anniversary date, beginning February 1, 2009.”

Tenants are being asked by PATA to be observant about activities in the building, and LOG or PHOTOGRAPH EVERYTHING in preparation for fighting the NEXT AGI.