5 Questions for Change is a monthly feature that brings you insights from the people at CCHR working on the frontlines every day to advance the right to housing.
This month, we are talking to Victoria Wan, a Lawyer from our Client Services team.
1. What are two issues you see renters struggling with most right now?
The two most common issues I see right now are Above Guideline Increase (AGI) applications and maintenance issues. I talk to tenants in Toronto due to our legal services program, but I know these two issues are common throughout Ontario.
AGI applications are based on circumstances where a landlord can apply to the Landlord and Tenant Board (LTB) to raise the rent above the guideline amount. Each year, the Ontario government sets a “rent increase guideline”, which is the percentage that a landlord is allowed to increase the rent for rent-controlled units. Rent-controlled units are defined by the Residential Tenancies Act.
Maintenance issues within the rental unit or in the building are very common as well, especially for older buildings in Toronto and in Ontario. Always document and write to your landlord when you have a complaint about a maintenance issue. If the landlord is not responding, contact the Property Standards for your municipality, which is usually the phone number 311.
2. Is there a recent case or experience that stayed with you and what did it reveal about renters’ realities?
In our current economic reality, an extreme rent increase is very difficult for renters. As I mentioned above regarding rent-controlled units, there are more and more rental units that do not have rent control. Rental units that are not rent controlled include new buildings, additions to existing buildings, and most new basement apartments that are occupied for the first time for residential purposes after November 15, 2018.
I worked on a case that involved an extremely high rent increase of $600 in one year, on top of a current monthly rent of $3,000. Because the rental home was newly constructed and rented for the first time around 2021, the landlord is legally permitted to increase the rent to any amount. Despite attempts to negotiate with the landlord, the landlord was not willing to permit a lower increase amount.
The problem is with the rent decontrol laws set by the Ontario government in 2018. If you disagree with these rent decontrol laws, talk to your Ontario Member of Provincial Parliament.
3. When you represent tenants at the LTB, what’s the most common misconception you encounter- either from renters or landlords?
When I represent tenants at the Landlord and Tenant Board, a common misconception that I see from landlords or their representatives are that tenants are trying to be “annoying” to landlords and their representatives. Standing up for your legal rights as a tenant is not “annoying.” Being able to know and enforce your tenant rights is part of advancing the human right to housing in Canada. We live in a real world, where there are real human beings and families struggle to pay rent and afford food for themselves and their family. Learn more about CCHR’s work on the right to housing in Canada here.
4. If you could offer one piece of advice to renters across the country, what would it be?
Learn your rights as a tenant in your province. Seek free legal advice on tenant rights where you can get it. Read the municipal and provincial websites with the summaries on your rights as a tenant. CCHR has a resource for renters facing eviction for each province and territory in Canada here: Resources for renters facing eviction – Canadian Centre for Housing Rights.
If you are lucky to have secure and safe housing, try to support other tenants who are facing difficult challenges.
5. What drives you to do the work you do at CCHR?
I really do admire and appreciate my coworkers at CCHR, and I am inspired by the work they do to advance good housing policies and recommendations at every level of government. I am also driven by supporting affordable housing, and learning and working to find better solutions for renters in Ontario, and across the country. I hope to help in advancing the work for every Canadian to know that housing is a human right recognized by the United Nations.
Note: The information provided in this message is legal information only. It is not legal advice and is not a substitute for legal advice. If you require legal advice, please contact CCHR’s Legal Services team, a lawyer, or your local community Legal Aid clinic.