Changes to housing act a welcome change, Sudbury landlord group says

Upcoming changes to the provincial housing act may make it easier for landlords to recover back rent or costs for damages from tenants, but critics say the bill isn't doing much to make sure small rental operations have enough cash to make it through the pandemic.

Bill 184, also known as the Protecting Tenants and Strengthening Community Housing Act, would provide a number of new avenues for landlords to both evict and collect unpaid rent from current and past tenants.

The changes would apply retroactively to when the province first declared a state of emergency over the COVID-19 pandemic.

Sudbury NDPMPP Jamie West saysbigger cities like Toronto facea rash of "rent evictions," where property owners evict tenants under the guise of undertaking improvements to the site. Once the unit is vacated, landlords can turn around and rent to someone else, often with an increase in rent.

The situation is a little different in northern communities, West says.

"In Sudbury, the majority of our landlords are what I would call a mom and pop landlord," West said. "We know a lot of these people...they work full time, and they own a duplex or they live on one side of the duplex, or they rent their basement."

"They're really struggling and I'm not sure how much this will help or not help them."

West saysthe NDP has been pushing for rent subsidy to tenants.

In an email, the NDP outlined the policy:

"For households experiencing unemployment or lost income as a result of COVID-19, the NDP is proposing the government subsidize 80 per cent of the household's monthly rent, up to $2,500 per home, per month, for up to four months. The funds should go directly to renters, and arrive as quickly as possible."

The idea has come under some criticism, West says, because of the belief that tenants would then be living rent-free during the pandemic.

But that isn't what the party is advocating for.

"What we're saying is, the provincial government hasn't really kicked in any money towards COVID-19," West said. "It's all been federal money and for the majority of it the provincial government is advocating deferred payments, you'll pay it later."

"But what we're saying is that we provide 80 per cent rent support as a subsidy to [the tenants,] and that allows them to pay their bills," he said. "So these mom and pop landlords could also pay their mortgage and make ends meet."

He also saysrenters would find themselves better off financially when the pandemic finally ends.

"They won't be in a situation where they have this huge mountain of debt to try to pay back and they're not in a situation where they're facing being evicted."

No cheering from landlords, yet

Sherry Jordan, the vice president of the Sudbury Landlords Association, saysthe changes to the housing act, which will now allow landlords to take any arrears collections to the Landlord Tenant Tribunal, will be a step in the right direction.

"Once a tenant defaults they are served an N4," Jordan said in an email. "When the N4 expires it is filed with the [Landlord Tenant Board] by the landlord for a cost.The LTB sends out notice to the landlord and the tenant of a hearing date."

At that hearing the tenant is put on a repayment plan if they are present, she said. If the tenant defaults on that payment plan, both parties have to be scheduled for a second hearing in order for the landlord to obtain an order for eviction.

"With the changes the parties will not need to attend a second hearing," Jordan said. "The landlord will be allowed to obtain the order for eviction without having to attend a second hearing with the tenant."

The changes should help landlords who are trying to recover costs or evict trouble tenants, but the group isn't celebrating just yet.

"In the landlord business we kind of wait for things to happen before we start to cheer," Jordan said.

"Because [the act] has never fallen to the benefit of the landlord for a very long time. It normally falls into the benefit of the tenants."

But overall, Jordan sayslandlords should be encouraged with the changes.

"We're happy to see that there's going to be some changes that are going to benefit us this time."