This informational pamphlet outlines how governments can use the planning and development tools at their disposal to ensure that the right to adequate housing is realized. It also outlines key actions that governments should take to develop new approaches to planning and zoning to promote inclusive, vibrant communities that ensure adequate housing for all, and how individuals can engage in this process as well.
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) and the National Right to Housing Network (NRHN).
This informational pamphlet examines the issue of renovations and upgrading that lead to evictions from rental housing, which denies people their right to security of tenure – a key component of the right to housing. We outline how “renovictions” are playing out across Canada, and how advancing the right to housing can help to address these issues.
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) and the National Right to Housing Network (NRHN).
Stories of discrimination in rental housing are far too common in Canada. Many advocates have long pointed to discrimination in housing as a systemic issue caused by patterns of behavior, policies or practices that are a part of the structures of our society which put certain groups at a disadvantage.
What does systemic discrimination in housing look like in practice? From passive aggressive comments to discriminatory housing posts, three women share their stories about their challenges finding and maintaining safe and accessible housing in the Greater Toronto Area (GTA).
Dorrett White is a wife, mother, and working actor who has had roles on several shows, including The Boys, What We Do in the Shadows, and Self Made: Inspired by the Life of Madam C.J. Walker.
White remembers first experiencing discrimination in housing when her and her now-husband were looking for a place to rent in the Beaches neighbourhood where they could grow into as a family. White is Black and her husband is Latino. Though they looked good on paper – her credit was great and his job paid more than minimum wage – they endured what seemed like endless rejection.
“Every landlord that we went to, they would tell us, ‘alright we’ll take your information and we will give you a call back’ and we never heard from any of them,” White said. “Even when we offered personal references, a number of employment letters, and people who could vouch for us, we would still never hear back. And we would always get told and reminded that ‘parties can’t happen here’ or not to invite too many people over. I’m not sure what that was about but that was a common thread in every single landlord we met on that journey.”
After a long search, White and her husband were accepted for a one-bedroom apartment, but they would soon find themselves on a difficult rental search again.
For Jasmine Jennings, a 24-year-old former youth in care and crown ward about to embark a Bachelor of Social Work, the challenge of finding suitable housing began when she turned 18.
“For a lot of youth in care, turning 18 is nothing to be excited about and the only gift you are guaranteed on this day is abandonment,” Jennings shared. “While other 17-year-olds around me were focused on finding the perfect prom dress or walking across the stage, I was thinking about homelessness.”
Jennings said that time spent in care often leads to a belief “that putting up with abuse, mistreatment, or just generally being uncomfortable is something that I have to do.” The belief that she did not deserve safe and stable housing was with her when she started to look for a place to rent after being released from foster care.
There were other challenges facing her, as well.
“I am disabled and Black, and I am a woman of low income, so it feels like all of the odds are stacked against me,” she said.
“Because I am disabled, my income is ODSP. And a lot of times, landlords do not want to accept someone who is disabled. In fact, in a lot of housing postings, you’ll see ‘job letter or recent paystubs required’ and this usually leaves me living in spaces that aren’t safe and don’t meet my accommodations,” Jennings shared. “I have had knives pulled on me, I have had inappropriate sexual advances. I’ve been locked out. I have been told that I have to be home at 10:00 p.m. I have paid money in cash then been told that I haven’t paid, so I had to pay double. So, being left to live in spaces that aren’t safe has been really challenging.
White also found herself renting an apartment that she did not feel comfortable with due to discrimination in her rental search.
After enjoying their apartment in the Beaches neighbourhood for a couple of years, White and her husband sought to find a bigger place after having a daughter. Realizing that the Beaches would be too expensive for their budget, they decided to try looking in Scarborough. While Scarborough had more apartments in their budget, it was still difficult for them to find a landlord willing to rent to them.
“We thought it would be easier to look for an apartment as a family, but funnily enough, it felt like it was much harder,” White said. Instead of being told, ‘Oh, we don’t know if you can afford this place,’ we would be told things like ‘Oh, this one-bedroom or this two-bedroom might not actually work for your family’ or ‘no children allowed here.’ ”
After “months and months” of searching, they eventually found someone that would rent to them. Though there were some red flags, such as the landlord only accepting cash as rent payment, they took the place.
“Out of desperation, we decided okay, this guy said we could come in, so let’s go. That ended up being one of the biggest mistakes we ever made,” White said.
Sheila Warner is Gitxsan, a member of the wolf clan, and her spirit name is May-may-zey May-ga-zay, Eagle from all Directions. She is a licensed paralegal with Aboriginal Legal Services, working primarily in eviction prevention.
One major housing issue that Warner sees with the community she serves – low-income Indigenous people in Toronto – is related to Rent-Geared-to-Income (RGI) and the idea of being incorrectly identified as overhoused.
“If a family has a two-bedroom apartment or a three-bedroom apartment and CAS [Children’s Aid Society] apprehends one or two children then that tenant is suddenly overhoused and they try and evict them for that,” Warner explained. “However, in order to get their child back, CAS requires that they have a bedroom for each child that are of the opposite sex or if it’s the same sex there is only so many years they can be apart to share a bedroom. So, then your housing is at risk, your children are gone, and now you have no way to get them back because they are not going to give them back unless you have that housing.”
While she advocates for her clients regularly, Warner said that she finds it challenging to advocate for herself as she also faces discrimination in her housing.
“I am experiencing it this week with my own landlord,” she said. “I have lived in this place for almost 10 years, so my rent is significantly lower than what market rent is right now. The upstairs tenants have just moved out, so he has in turn started harassing me and yelling at me. He doesn’t talk to me, he screams at me, and he seems to think that this is okay.”
Recently, while her landlord was yelling at her for letting a neighbour park in her parking space, Warner told him and his wife that instead of being concerned about a minor parking issue, they should look at the mould in her bathroom that she has been asking them to take care of for years. Warner says that the landlord’s wife turned to her and told her that if she had a problem with the mould, she could move out.
“I know my rights and I can professionally defend myself, but it is so stressful that I can’t,” Warner said. “I am dealing with other people’s housing stuff all day that when it comes to dealing with my own, I end up putting up with it. And also, it is cheap rent, so I let them push me around.”
White, the actor and mother, also reports being treated poorly by one landlord.
After leaving the apartment in Scarborough, her and her family ended up renting an apartment from White’s old college professor. They loved the apartment, but the landlord of the building made it difficult for them to enjoy their stay.
“He would make rude comments to us under his breath. He wouldn’t greet us like he would greet all the other tenants…And if he did talk to us, it was in a really stern, angry, aggressive voice,” White said.
While the three women felt frustrated and disappointed by their experiences trying to rent an apartment in the GTA, they expressed optimism that things can get better for racialized and low-income renters.
White hopes that discussions like the one at the workshop “can lead to changes and reforms and maybe a bit more ruling for private landlords in terms of how they choose who they are renting to.”
The Aboriginal Legal Services, where Warner works, has recently begun offering an Indigenous circle where people from all backgrounds can go to engage in alternative dispute resolution.
“I think when people sit down and they discuss with their landlord what is happening and they can tell their side of the story, the landlord is forced to see them as a person and not a name and number on a file in their office, and that is really beneficial,” Warner said.
For Jennings, as a former youth in care who is now immersed in social justice work, “it is important to me that a worker understands the systemic nature of homelessness and implements anti-oppression practices whenever possible. It is important that a supporter understands the child welfare system, the realities of youth from care.…And finally, it is important that a supporter is culturally competent and how my race impacts the likelihood of securing safe housing,” she said.
“I don’t think that stable housing is a want. I think it is a need and is a social determinant of health,” she added. “It is my hope that youth who age out of the system can experience safety and what it feels like to be home.”
These stories from Dorrett, Jasmine and Sheila were first shared during a workshop on systemic discrimination in housing that took place on July 6, 2021. The workshop was organized by CCHR and the Right to Housing Toronto as part of a virtual workshop series that addresses the critical challenges in advancing the right to housing.
The Government of Canada’s National Housing Strategy (NHS) commits to address the housing needs of the most vulnerable, promote community building and encourage partnerships to advance the right to housing. How will this be done?
This pamphlet examines the extent to which governmental budgeting and resource allocation is contributing to meeting the goals the federal government has set out in the NHS, as well as its commitments to implement the right to housing as outlined in the National Housing Strategy Act (NHSA).
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) and the National Right to Housing Network (NRHN).
Throughout 2021, CCHR and the National Right to Housing Network (NRHN) held a series of regional workshops with local partners across Canada.
During these workshops, participants identified the systemic issues that prevent people from realizing their right to housing, including issues faced by: Indigenous people, women-led households, persons with disabilities, members of racialized groups, immigrants and refugees, members of LGBTQ2S+ communities and people with low incomes.
Participants have also proposed solutions for how this right can be claimed under the National Housing Strategy Act (NHSA).
Yukon, Northwest Territories and Nunavut
In partnership with:
British Columbia
In partnership with:
Alberta, Saskatchewan and Manitoba
In partnership with:
Quebec
This workshop was led by:
Note: this report is only available in French.
Ontario
In partnership with:
New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador
In partnership with:
As an immigrant, a survivor of domestic abuse, and a formerly unhoused person, Dankwa’s journey has neither been easy nor linear. She wants to share her lived experience because “there are so many other people that nobody will ever know their story, but they are dying on the street. A lot of voices are not being heard and I’ve been through so much that keeping it to myself is not going to help.”
Dankwa came to Canada to escape an abusive relationship in New York where she felt her pleas for help were not being taken seriously enough.
“I felt like I wasn’t getting the support that I needed,” she says. “My children and I were not safe at all, so I did what I had to do to protect me and my children.”
After arriving in Ontario, Dankwa ended up at a shelter. She describes her time there as challenging, with a lack of trust between the women staying there and the shelter staff.
“The shelter is a good place in an emergency. It should be just emergency services,” she says. “I should be staying in that shelter not more than two to three weeks and then should be put in a house or apartment. We need homes. We don’t need to put so much money in the shelters. No abused women with children should stay in a shelter for more than a month because then it becomes another mental health issue to deal with in that place.”
At her shelter, Danka says she did not receive the appropriate transitional support and was instead kicked out for overstaying.
“A shelter is where you’re supposed to get the legal services, where you get all the support that you are supposed to get, but in my case, that was not there. In my case, I had to leave because I had overstayed and when I said no, I was literally kicked out and my stuff was thrown out in a plastic bag.”
After leaving the shelter, Dankwa bounced around different places.
“I was couch surfing. I will go to this person’s place for a week [then] that person’s place for a week and sleep on their couch. I’ll go take a shower here then I will go somewhere else the next day and stay there for a little bit until I get my work money then I can stay in a motel. When that money runs out, I go back on the street and try to figure out what friend will take me in for the night.”
After bouncing around for months, she finally found a one-bedroom basement apartment that she could afford.
However, her joy at finding housing for the first time since fleeing her abusive relationship was short-lived.
“What I didn’t know was that it was another nightmare that I was going to face,” she says.
Dankwa’s new landlord lived above her and had strict rules around what Dankwa could or could not do.
“She told me that when I go out, I have to come home at a certain time or I shouldn’t come in. I should stay outside,” Dankwa says. “So, when I go out and it’s past 10:00 o’clock, I have to sleep on somebody’s couch again.”
Dankwa was also not allowed to have friends over in her apartment. If someone wanted to visit her, they had to sit in her landlord’s living room while the landlord was there.
After a friend came over one day at a pre-planned time and the landlord asked her to reschedule because she wanted to go out, Dankwa had had enough.
“I didn’t know where I was gonna go, but I said to myself ‘If I have left that man in the United States and have come all the way and stayed in the shelter where I’ve been kicked out of, there is nothing else that I can’t deal with.”
And with that, Dankwa was homeless again.
“I remember Thanksgiving. It was the saddest Thanksgiving ever,” Dankwa recalls. “I was always the person cooking Thanksgiving, everybody coming to my home. I had a huge house, it was beautiful. I worked so hard for that place. And Thanksgiving came and I was homeless.”
After a couple of months, Dankwa found another basement apartment that she could afford in Peel Region; this one without a kitchen, fridge, or microwave.
The first night, she slept on the floor with no comforter. The second day, while a friend drove her to find some supplies, they were hit by another vehicle.
Being an immigrant with no permanent resident card at the time, Dankwa was too scared to go to the hospital.
“I started having anxiety attacks and depression,” she says. “When a woman is running from abuse, we should not look at the nationality or the country that they are coming from in order to provide them [with support], we should look at them as a human being. As a woman who needs help, that is it.”
Dankwa stayed in the basement apartment “hoping that the kitchen would be done,” she says. “That did not happen.”
Dankwa says she explored different avenues for help with finding suitable and stable housing, but was rebuffed at every turn, in part due to her immigration status.
“After a while, I started moving again,” Dankwa says.
“The road to finding a place has not been easy. Throughout, I encountered landlords that would like to take advantage of me in every way they can knowing my situation. But one thing that I said to myself after what I experienced with my ex-husband and what I experienced in the shelter, is that there’s things I won’t entertain anymore. I would rather be on the street and be happy than giving money to somebody to abuse me.”
While Dankwa has now found more stable housing, she still fears that it could all be taken away.
“When it comes to women’s homelessness, we need more special attention,” she says.
“I’m not saying other people don’t need special attention, but most of the time, it is women leaving abusers and a lot of them will take their children with them, so it is not as easy for women to stay in the shelter or on the streets,” she explains.
“We live in a world where we are always trying to help other people from different places, but we have women here going through abuse who don’t even have a home to stay. And sometimes people think that we have the systems in place…but the programs and the systems are not set up to actually provide adequate housing, and so the woman ends up back with the abuser or on the street.”
For Dankwa, a large part of the issue with women’s homelessness is that there is a lack of understanding by the vast majority of the population. “People get judgmental because they have not been in our shoes,” she says.
“If I can use that energy that I have, that anger, that strength, to let people know [what homeless people] are going through then somebody might listen. Somebody might read the story somewhere. Somebody might have the passion to even advocate. And this is the way that I can help somebody else.”
Renters who are facing eviction have several resources at their disposal to help them take the necessary steps to protect their right to housing. This pamphlet includes a list of resources for each province and territory in Canada to inform renters about the provincial and territorial laws that protect their tenancy, the bodies that make decisions about their tenancy, where they can receive legal help and all other protections available beyond provincial legislation.
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) – formerly known as CERA – and the National Right to Housing Network (NRHN).
Inclusionary Zoning (IZ) is a planning tool used by municipal governments to encourage or mandate developers who intend to build new dwellings, to “set aside” a portion of these units for affordable use. Such units may be allocated for sale or lease at affordable rates. Developers may also have the option of building the affordable units in other locations within a city, or they may be able to pay cash in lieu of actually developing the units. Municipal governments may offer incentives such as further relaxations on building height or “density bonusing” to generate more investments from developers in affordable housing.
The rationale for adopting the policy partly stems from a general failure among many local governments to effectively leverage the dynamics of the market to create affordable housing options for low - and moderate-income people. For instance, in Toronto out of the 230,000 new housing units that were constructed or slated for development over the last five years, only 2% offered rents at or below market rates. Most of the new buildings are condominiums or detached homes. Housing options available for those living on fixed incomes like seniors or for people making a living off precarious employment like many young adults, are negligible.
Local planning and infrastructure investment decisions have created conditions to promote private development activity in major cities across Canada, but not enough affordable housing has emerged out of this process. Specifically, zoning amendments such as density relaxations and encouragement of mixed -use development signal greater economic activity, in turn promoting speculative behaviour in land markets. Prospective investors and developers make projections about potential development revenues generated based on the policy changes and related market and operational variables, in practice materializing into inflated investments in land. To maximize profit margins, new housing built on these lands are priced at rates that are targeted towards higher income earners.
The strategy is thus investor driven - one that endeavours to increase returns at exponential rates. The housing needs of households in the low- and moderate-income range are effectively overlooked, leading to a form of market failure that warrants some form of government intervention. Indeed, public policy appears to have created conditions for the development industry to reap windfall profits without many conditions in place to capture a meaningful portion of the proceeds for the greater needs of the public.
IZ closes part of this gap. By requiring or negotiating with developers to provide affordable housing options either directly or through cash in lieu, evidence from most jurisdictions that have experimented with the policy shows that affordable options can be created over time with varying levels of success. Plus, it is likely that the restrictive orientation of the IZ policy tool has a dampening effect on the skyrocketing prices of land in many cities.
Opponents of the policy tend to point to the policy’s cost prohibitive design. This, they suggest, leads to rising house prices, the burdens of which are carried by prospective homeowners, or supply could be constricted at a city-wide level. However, the theoretical basis and evidence to support such claims are fragile.
Firstly, property buyers tend to be sensitive to dramatic price shifts, so developers are left with little room to pass on high costs to these groups without risking losing market share. To the extent that there may be some increase in house prices in select cases, the role of IZ in this increase is minimal. In areas such as the Washington-Baltimore region, where the effects of the policy on supply have been studied, there appears to be no evidence of any negative effects after the introduction of the IZ policy.
While IZ clearly demonstrates potential, it can only work in cities with hot property markets, ones which are experiencing population and economic growth. If house prices are not escalating rapidly enough, then developers do not have the room to internalize the costs of the policy and generate sufficient returns. In fact, within cities, some neighbourhoods might be experiencing faster growth than others, implying the need for a differentiated approach to applying the policy.
Further, IZ primarily benefits moderate-income earners. A private developer can only do so much in creating affordable housing options. To sustain the arrangement, the prospective homeowner or renter must be earning a reasonable income generated from employment. This helps cover costs of rent or mortgage as well as maintenance and repairs over time. Its potential of helping meet the needs of this group is significant. Persistent shortfalls in affordable housing options can increase the risk of labour shortages on account of pricing out such households who then seek out cheaper options in other jurisdictions.
However, households in lower income categories such as newcomers and single-parent families have limited mobility options given that economic opportunities and social and physical infrastructure tend to be concentrated in larger cities. Neglecting such groups threatens the very economic dynamism and social fabric of large metropolises. A creative IZ policy that includes provisions for more stringent affordability requirements in some areas along with additional supports may hold some potential in covering a wider spectrum of income groups including households living in more precarious economic conditions.
Several European countries have experimented with various forms of IZ over the years. The United States, given its long history with implementing the policy, and comparable federal structure to Canada is noteworthy. IZ started emerging in the 1970s in American urban policy as federal housing programs started to wind down.
Today, there are over 500 IZ programs in about half of the country’s states, with jurisdictions ranging from large cities such as Chicago to smaller communities like Telluride, Colorado. The majority of initiatives is concentrated in California, New Jersey and Massachusetts. Key facts include:
The extent to which IZ can generate a significant number of affordable housing stock is contingent on the calibration of the policy, the permutations and combinations of which are determined by local context.
Montreal and Vancouver were the first Canadian cities to start experimenting with voluntary forms of inclusionary zoning. As provinces empower municipalities to adopt the policies, more are considering following suit. Notably, Toronto has proposed a mandatory program that will last for 99 years. Such actions point to an increasing recognition amongst municipal governments across Canada that value capture tools are a critical way to address the growing housing crisis in the country.
Janine Harvey lives in Ulukhaktok, a community of less than 450 people in the Beaufort Delta Region of the Northwest Territories.
At the time of this interview, her community has no internet service and so we speak over the phone instead of the now ubiquitous Zoom.
Harvey is a mother, wife, an advocate, and a supporter of Inuit culture. She describes Ulukhaktok as a “very cultural community; lots of hunting and fishing, craft making and artists.”
That culture is part of what led her back there after decades away.
“I wanted to be part of my culture again,” she says.
Harvey grew up in Ulukhaktok, but moved to Yellowknife when she was 19.
In Yellowknife, she began her career as a support worker with the YWCA, working at a women’s shelter called the Alison McAteer House.
“I worked there for five and a half years and during my time there, I would say maybe 90 percent of the women and children that were fleeing family violence were Indigenous or Inuit,” she says. “And I thought there was a need for more workers that are Indigenous because we have this connection. I thought I could bring a lot of different things to the table because I am helping my own people and they trust me.”
Harvey says she was drawn to the work at the shelter because of her own lived experience.
“I am a victim of sexual assault, and I am a victim of a kidnapping. With the trauma that I’ve endured myself, I decided I wanted to help other people,” she says. “I decided I wanted to make sure that women had a safe place to go…I wanted to be an advocate for a lot of women that were facing family violence or that didn’t have a home. Then it just became bigger.”
After the YWCA, Harvey started working at the Women’s Society in Yellowknife.
“With the help of the Women’s Society, me and my colleague Lauren started the Housing First program from the ground up,” she says. “That program opened my eyes to another area of vulnerable people: people who were homeless and had nowhere to go, who were sleeping outside in -30 weather.
“I thought ‘this is not right’ then ‘there’s more that I could do’, so I started working with the people that were experiencing homelessness. I started asking what they wanted to do and what they needed to do instead of me telling them.”
What she heard from a lot of people in the program, Harvey says, was that they simply needed non-judgmental support.
“There’s a lot of stigma towards homelessness. So, a lot of the people that I worked with asked ‘can you come with me to a meeting?’ or ‘can you come with me to Walmart because they’re not gonna let me in?’” Harvey says. “So, I found a lot of what we did was just to help empower the participants and to help reconnect them to society by going with them to meetings, to buy groceries, making sure they weren’t getting bad treatment from service workers or the public and just really helping them build their confidence.”
Harvey believes that “housing is a right and everyone deserves a home, no matter who you are, or where you are from” and says that the government is not doing enough to address the housing crisis and poverty in the North.
“I advocate because I see how my people are living in the poorest housing for the highest rent. They are living in these units, where some of them have no doors or there’s mould in the kitchen or their floors need to be replaced, and there’s no renovation because they don’t have the materials and there are not enough workers to do maintenance and repairs. A lot of people in the Northwest Territories and Nunavut live in really poor conditions for a really high cost of living.”
To push for change, Harvey sits on her local council, the Pan-Canadian Voice for Women’s Housing and the Steering Committee of the National Right to Housing Network.
“The government hasn’t taken action on ending poverty as much as I would like to see, and they haven’t moved forward on housing for years and years,” she says.
Because her community is under-resourced, Harvey’s work is currently unpaid.
“Everything I am doing now is as a volunteer,” she says. “My drive comes from hearing the really horrible stories that people have had to go through. The money doesn’t even matter, I am just going to keep fighting for you because what is happening is not right.”
Harvey’s return to Ulukhaktok has also been about healing.
“I went to Yellowknife for school, but I left my community due to family violence. I didn’t want to go back home because I felt judged and labelled and that I did wrong,” she explains. “The guy who had assaulted me when I was a teenager, I was one of the first people in my community to charge them for sexual assault. And the guy that kidnapped me got five years in jail, but it was really hard for me to move past all that.
“After some time in Yellowknife, after my kidnapping, I was an alcoholic. For a couple years. I drank my pain away. And everybody would say that I should go to a treatment centre, but I knew in my heart and in my head that I didn’t want to go to treatment because I couldn’t face being locked up, which a lot of people face up here. I now advocate for culturally appropriate treatment for our people, and for me, I knew I wanted to do my healing on the land in my own cultural ways.”
In Ulukhaktok, Harvey says she has gotten to “learn my Inuit way and reconnect with the land, my ancestors, and God, and have found forgiveness.”
She says she is hopeful that things will change and get better for her community.
“I believe that if I keep doing the work that I am doing, somebody might listen. Somebody in government might take action and give us more money for housing, for free lunches for children,” she says.
“I try and speak up and if someone hears me and has the passion that I have, they, too, can help end homelessness.”
Janine Harvey was one of the panelists at CCHR and the National Right to Housing’s workshop, “Claiming the Right to Housing in the North through the National Housing Strategy Act”, held in September 2021. The workshop is part of an ongoing series of regional workshops with local partners across Canada.
The right to adequate housing is derived from international human rights law. In international law, housing is seen as more than four walls and a roof. For housing to be considered adequate, it should meet a number of minimum conditions. One of these conditions is habitability, which means that adequate housing should guarantee its residents a place that is physically safe to live, provides adequate space where residents aren’t living in overcrowded conditions, and protects its residents against weather conditions like the cold, as well as other health or structural hazards.
Another minimum condition for a home to be considered adequate is the availability of services, materials, facilities and infrastructure. This means that its residents can access safe drinking water, have proper sanitation and disposal facilities, and can heat their home to just name a few examples. These minimum conditions ensure that a home is a safe and adequate place for its residents. When the right to housing and the conditions mentioned above are translated on the ground, it means that people can live in well maintained homes that are in a good state of repair. For Ontario renters, it is the responsibility of landlords to carry out maintenance and repairs, with regulations in place to hold them accountable.
The Residential Tenancies Act (RTA) is the Law that regulates the relationship between landlords and renters. The RTA applies to most rental housing in Ontario, such as rooms, apartments, houses, mobile home parks, and retirement homes. The RTA says that landlords are responsible for the maintenance and repair of everything that comes with renters’ homes, including appliances in the home and the common areas, such as hallways, parking garages and elevators. The RTA also says that landlords are responsible for taking steps to get rid of any pests and vermin, provide heat in cold weather, and are not allowed to cut off or interfere with any vital services such as the supply of water, electricity, or heat.
If a renter has a problem in their home, the first step is to inform their landlord about it and ask them to fix it. It is best to do this in writing, such as sending it in an email. If the landlord does not fix the problem, the next thing the renter can do is to call 311. This move will connect the renter to the City’s services department, such as those enforcing Property Standards, who can send an inspector to investigate the problem and order the landlord to fix it.
At the City of Toronto, another resource for tenants dealing with repair and maintenance issues is RentSafeTO, which can also be reached by calling 311. RentSafeTO is a bylaw enforcement program that launched in 2017 to ensure that owners of multi-unit housing structures (with three or more storeys and 10 or more units), such as apartment building owners, adhere to the building maintenance standards in the city. One of the goals of the program is to ensure that tenants are living in safe and adequate conditions, and to hold landlords accountable to keeping their buildings in a good state of repair. Owners of these apartment buildings are required to register with RentSafeTO and are responsible for complying with the rules of the program. If a landlord is not complying with the maintenance standards, the RentSafeTO team can issue orders and charge landlords.
The RentSafeTO program can be a critical component of ensuring that rental homes are safe and adequate places for their residents. Since its launch, the RentSafeTO program has audited most apartment buildings across the city. However, the program has also been criticized for failing to effectively carry out its mandate. Some have pointed out that not all buildings registered with the program have been audited. Others have pointed to the lack of standard operating procedures, which has left tenants waiting to know when their maintenance and repair problem will be resolved. Housing advocates have also raised issues with the lack of knowledge about the program across various communities.
If a renter continues to face maintenance and repair issues that their landlord is not responding to, and there is no resolution at the municipal level, they can then apply to the Landlord and Tenant Board (LTB) – the body that resolves disputes between tenants and landlords. Renters can make an application based on maintenance and repair issues and ask the LTB for remedies like ordering the landlord to fix the problem or for a reduction in rent for the months during which the problem persisted. After renters make an application, a hearing is scheduled at the LTB where they can present their case, and show evidence to support it.
While it is crucial to have the LTB process in place, there are a number of challenges that renters face. Many renters often have to navigate the process by themselves without legal representation. They have to prepare for hearings on their own and gather the evidence they need to support their case. This requires legal know how. Additionally, sometimes hearings may take several months to be scheduled, which means that the problems in their rental home may not be fixed for a long period of time. Depending on the issue at hand, waiting for the hearing can mean living in unhealthy and hazardous situations. Meanwhile, if renters are successful at their LTB hearing, the financial remedies awarded, such as rent reductions, are not typically very high. In some cases, if the LTB orders a landlord to fix a problem, landlords may not follow the order and it can be challenging for tenants to get their landlord to do so.
The gaps in protections for renters, coupled with an affordable housing crisis, means that many individuals living on lower incomes are forced to stay in homes that are in a state of disrepair as there are limited alternatives they can afford. This has become a widespread phenomenon that can be identified as a systemic housing issue.
In order to respond to systemic housing issues plaguing the living conditions of many renters living in Canada, it is important that the voices of those most impacted are heard by decision-makers. One of the main ways that people living in Canada can bring forward these systemic housing issues is through the National Housing Strategy Act (NHSA), which recognizes the right to housing domestically. The NHSA requires the government to create mechanisms to monitor the implementation of the right to housing and address systemic housing issues. One of these mechanisms is the Federal Housing Advocate, who is an independent human rights expert located within the Canadian Human Rights Commission. The role of the Housing Advocate is to investigate systemic housing issues and to hold our government accountable to meet its own policy to progressively realize the right to housing over time.
Once the Housing Advocate is appointed, submissions can be made by impacted communities on systemic housing issues. It is the hope that as renters learn more about these mechanisms, they can use them to push our governments to address systemic housing issues, such as those related to maintenance and repair.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.