Tuesday, March 23, 2010

RTB hearing

The RTB's hearing for Blair House Rehabilitation project took place over a period of three hours.

A reminder, Shindico does not have the right to make us leave prior to our leases being up.
If you or any other tenant feel that Shindico treated you in a way that was unjust, unethical -- or that they misrepresented the truth by sending the letters they did which made it sound like we were obliged to leave -- the RTB wants to know about it.

Contact:

1. Janet Halldorson -- RTB Rehabilitation Officer: 945.1962

2. Darren Cooper -- RTB Manager Client Services -- 945.4435


During the hearing Janet Halldorson did make a point of stating she takes the treatment of tenants during these kinds of projects very seriously, and she wants to hear from tenants regarding their experiences with Shindico on this. Janet said this is relevant even if you have already moved out, or plan to do so.

Another interesting point that came up during the hearing:
The RTB may take as long as two months to reach a decision on this.
In the meantime, it is possible that Shindico may initiate work to the building, but they have absolutely no right (nor did they ever) to force anyone out of their home.
Shindico's proposed *Rehabilitation* of the building is valued at approximately $2.7 million. That's about $67,000 per unit in "upgrades."

Another interesting point came up when one of the tenants attending the hearing revealed she's been in exactly the situation these sorts of *schemes* create. She has had to endure 3 evictions in the past 4 years, because landlords chose to *rehabilitate* her out of her home.

One of the tenants wrote a very strong letter that Janet read during the hearing. The points covered and questions raised were significant, and Janet stated that all these were duly noted and that she will be going over the letter with someone else to make sure the points raised were addressed properly.

Tuesday, February 16, 2010

Notes on the letter, dates, and RTB...

For anyone who is unclear about the Rehabilitation Scheme, Janet Halldorson at the Residential Tenancies Branch (204) 945-2476 is the Tenant Officer handling the case.

There are several things to note:

- Tenants are allowed stay until the end of their current lease. They are not *required* to vacate by April 30th.
This date is when the landlord would like to move forward with renovations.

- The letter before Feb 25th, is for the COMPENSATION of $600.
You still have a right to stay PAST April 30th, AND should you vacate after that you aren't entitled to the $600 (they are only legally bound to provide up to $350 in the act.)

- If you choose to stay past April 30, but want to leave prior to the end of your lease, you can provide 1 months notice in writing. (Janet has mentioned this... check with her for details if this is something of interest.)

- IF you want to re-lease your suite, you have until you vacate (no matter when) to send a letter in writing stating your interest. This is because they are renovating and asking us to leave.

- The RTB will go through and inspection of the suites again (maybe as soon as this week.) They show the suites and areas with major problems that require renovation. This happened last year, and it was Janet who came around in April, and she approved the rehabilitation order at that time, agreeing that the building needed these renovations.

- There will be an initial hearing (NOT an Appeal, but the first "process hearing") set after the RTB sends out an order letting us know if they've approved the rehab scheme. You can voice your concerns at this hearing or also specify details to be read or brought up via letter to RTB (talk to Janet.)

Thursday, February 4, 2010

More details on the "Notice to Vacate"

Recently, we all received a very well crafted letter designed to make us believe this Rehab. project is approved and that we need to *act fast* -- in order to take advantage of the *great deal* they're offering us. They want us all to sign off as quickly as possible and prepare to move out into the over.saturated 1% vacancy rate rental market.

Well, the truth is rather different. A number of us have spoken with Janet Halldorson, RTB's Rehabilitation Officer -- and Shindico's application has only just been received (from my conversation with her last Friday, she had yet to look it over). This means there are still various stages and hoops in the process that must be completed prior to Shindico having any official approval to begin this work -- let alone start giving us these type of threatening letters. In fact, tenants must first receive official notice of the application having been submitted to the RTB. This is one of the notices I received last year when they first attempted it, my name and other details were blurred out, but it basically looks like this:

http://2.bp.blogspot.com/_t9gT8M2MgoA/Sgi2BXeGdEI/AAAAAAAAAA8/esDttKcGdug/s1600-h/notice-3.jpg

Then, we are entitled to examine their documents and challenge the rehabilitation proposal. Janet Halldorson repeatedly stated that from what we told her, the tone of the letter was highly inappropriate, as was the verbal communications some have received from Shindico (i.e. Shindico's Colleen O'Rourke stated that construction crews would enter suites after April and make them uninhabitable, with effectively no clear plan on where the displaced tenants would be moved to. Effectively, Shindico wants all of us to feel very threatened and vulnerable by choosing to stay.)

Incidentally, although Shindico's letter reached us, they didn't bother forwarding it to the RTB -- Janet Halldorson seemed genuinely concerned by what she was hearing about it from us. Now, at least one of the tenants has faxed her a copy of this letter, so she is currently aware of its contents. Having said that, she requested that we fax her our letter so she can examine it and consider what to do next. When Janet was contacted last Friday, she made it clear she was interested in hearing from us and asked we include a cover letter outlining our concerns and if we felt Shindico's tactics were in our opinion "intimidating in nature" (her words).

NOTE: Janet Halldorson's fax number -- 945-6273 and email -- janet.halldorson (at) gov.mb.ca


Given the actual (non) status of their application currently, and Janet Halldorson's reaction, it would appear that Shindico's strategy is to *entice* as many tenants as possible to leave now, in order to lessen any possible challenges or delays in the application approval process. The more tenants who leave now, the easier the approval process will be and the more clout they'll have to say: "Our buiding is x% vacant now, and this means the Rehab project won't be much of an inconvenience to remaining tenants".

In any case, the important thing right now is for EVERYONE in the building to be aware that they need not sign anything for Shindico. We also need to contact Janet Halldorson about this in the letter she's requested. A number of us have been speaking in the halls, and feel it would be helpful to hold a tenants' meeting on this ASAP. Together, we can write up a letter that we can have all tenants sign prior to submitting. This way if any tenant has trouble with getting the letter done for whatever reason, this would allow them to have their voice included and heard.

-=-=-
Brian Grant (Housing Development Coordinator @ West Broadway Development Corporation), has mentioned there is the possibility that legal action could be taken as a precedent setting case, based on this being a human rights issue. We, as tenants do have a right to safe, affordable housing and current legislation/policy is making that less and less of a reality.

According to Brian Grant, the bulk of low to middle-income rental housing stock is currently being lost to condo conversions and rehab projects like this one. The reality is there is NOTHING stopping any of us having to relive a potential displacement from our next home in the event we move to another rental after this. This is the current trend right now.

Saturday, January 30, 2010

Notice to Vacate effective April 30, 2010

Hello Blair House tenants,

Just a note to let you know that the notice to vacate does not mean that you *must* break your lease by April 30, 2010. The management company is requesting you to leave, and are offering compensation to move out if you choose to sign the form and agree to break your lease with them and vacate.

Upon examining the documents more closely, there is an impression that one can still choose to stay until the end of the original lease.

Please feel free to comment or email.

Thank you.

Saturday, July 25, 2009

Reminder: APPEAL HEARING July 28 10:00 AM

For those of you interested, the Rental Increase Appeal hearing will be this Tuesday at the Residential Tenancies Commission

July 28, 2009
10:00am
Residential Tenancies Commission
1650-155 Carlton Street, Winnipeg, MB.

This is downtown on Carlton St next to the Convention Centre.

View Larger Map

During this hearing, the opportunity to present on why the above-the-guideline increase ordered by the RTC should be reversed.

Wednesday, July 15, 2009

Appeal hearing status

If you didn't have a chance to attend the viewing of the documents at the RTC scheduled July 8th this month, but did at the RTB previously, you can be reassured that it was the same set of documents with the addition of:

- 13 letters submitted objecting to the increase (THAT's GREAT!)
- The order given by the RTC with adjustments to the percentage due to Shindico's failure to produce receipts for certain items in their claimed amounts.
- Notices given to all the tenants with the new increase rents.

Not much more information than before.


The hearing is set for July 28th at 10 a.m. at the RTC (1650-155 CARLTON St.)

A few things to note:

1. Remember, the hearing is focused on Shindico's application for the year 2006-2007.

2. It doesn't matter if individual suites weren't improved, or that say" My floor hasn't had a replacement machine but other floors have..." we as tenants have to all collectively pay for the cost of the building improvement as a whole.

3. Supporting documents that any interested party intends to present need to be files 10 days prior to the hearing.
Submit 5 copies to RTC rep David Morais (945-7412).

-=-=-

A few of us did meet with Marianne Cerelli who has been kind enough with her time to offer advice.

If you are interested or intend to appear at the hearing - please don't hesitate to contact 43roslyn (at) gmail.com as we may have information to share that will help at the hearing.

Thursday, May 28, 2009

We're not being evicted! (yet)

Lease Renewals for the next 12 months are being delivered. There were approx 9 apartments who were slated to receive a lease renewal (for Sept 1st, 2009.) The owners have not given approval for this project as of yet -- a point confirmed by Shindico's Property Manager Candace Bertie, who also stated the Rehabilitation project has not been *cancelled*, but deferred.

"We were trying to rush it through this year," acknowledged Bertie this afternoon, "but because we'll have more time to get documentation into the RTB now, we hope to let tenants know about it much sooner next year. Hopefully, by early next spring."

What it means for current tenants is that for the time being, there is no scramble to look for a new place to live, but that we could expect a similar scenario (with possibly more official notice) approximately a year from now. Bertie also stated that no major renovations or maintenance are scheduled in the year to come, with the exception of replacing the boiler.

While we can all breathe a collective sigh of relief -- as far as having a place to call home for the next year -- we can still look forward to mounting the appeal of the 8% rent hike that's included on the new lease renewals.