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.

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

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.

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.

Back to the rent increase appeal for a moment...

Checked in with the RTB and RTC this morning: there has been no scheduled hearing for the appeal to the above the guideline increase.

The RTC gave me a ball park of July. We should be getting letters with info on the hearing soon.

CBC coverage

Online published:
http://www.cbc.ca/consumer/story/2009/05/19/mb-rent-increases.html

Also be sure to scroll through some of the comments at the bottom of the article:

http://www.cbc.ca/consumer/story/2009/05/19/mb-rent-increases.html#socialcomments

-=-=-

Radio One:

- CBC interview with Masha Giller May 19, 2009:
Tenants of a Roslyn Road apartment are worried about losing their homes. After battling an above-average rent increase, they are now facing eviction to make way for a building rehabilitation project.
Direct link to mp3 file

- Follow up Interview with Avrom Charach from the CFAA - Canadian Federation of Apartment Associations on May 19, 2009
Direct link to mp3 file

(Or visit this page and scroll to:
"Rent control is supposed to protect tenants. But the lord of all landlords says it's actually serving building owners. Find out why."

- CBC radio interview with Molly McKracken of the West Broadway Development Centre on May 20, 2009: Direct link to mp3 file

-=-=-=-

Items to note:

3 things that the RTB can take into account on above the guideline increase:
- Dishonesty (landlord did not do what they claimed they did on the application)
- Mathematical error (bills provided didn't match what they were trying to claim)
- General failure to maintain the property (new windows, roof, but toilet is always plugged...)

Above the guideline increase does not take into consideration:
- Tenant's financial ability or desire to pay
- Tenant's suggestion that the landlord didn't maintain the way a tenant WANTED to maintain (i.e. I didn't want the new stove - why did you buy it for me?)

With a rehabilitation scheme the RTB can alter the program so that it affects the tenant as little as possible.

CBC Coverage of Blair House Issues: Tuesday, May 19 (Information Radio)

CBC has confirmed they'll be airing the story somewhere between 7:10 and 8:30 Tuesday morning (19 May).  They plan to have the interview with one of our tenants here, the director of the RTB, as well as possibly someone from Shindico and/or the Professional Property Manager's Association (these last two are not confirmed).  There is the possibility that it *may* get deferred if there's a sudden, late breaking news story. 

So, if you're awake in the mornings listen at:
89.3 FM -- CBC's Information Radio, Tuesday morning (7:10 am - 8:30 am)

Also CBC TV's Mychaylo Prystupa may be doing a story on what's happening here.  More details will follow.

Termination notices & Rehabilitation Scheme

1. Shindico has begun the application process for what is called a Rehabilitation Scheme. This has not been approved by the Residential Tenancies Branch, but the application has been initially filed (we believe on May 1st.)

2. They have already given notice to three tenants in the building that they will be terminating their leases July 31st. (These tenants were given 90 days notice prior to their lease renewal date.)

Here are scans of the 3-page notice give to one of those tenants.
Click on the image to enlarge:



3. We have been told by property manager, Candace Bertie, that

- Everyone can expect this notice 3 months (90 days) prior to their lease expiring.
- If the application is approved, the proposed period of renovations would being June 1 and carry on until the end of October, November.
- New rents will be approx $850 for a 1 BR $1000 for a 2 BR.

4. Some things you need to know about what can happen after a rehabilitation scheme:

- A tenant who was previously living in a complex before a rehabilitation scheme is technically supposed to have the first chance to move back in. (see the points below...)

- New rents will be beyond scope of rent control for next FIVE years. In other words, you can come back to your apartment @ 850/month and then have it jacked up another 50, 75 or more dollars in subsequent years.

- the WHOLE building is affected, every suite has to have renovations as part of the rehab scheme criteria.

- Shindico may not charge the new rent until ALL renovations are completed and meet up to the expectations of the Residential Tenancies Branch. (There is a final inspection for this, and tenants can delay the new rent process is the renovations/repairs have not met the proposed plan.)




5. The official words from the RTB policies and guidelines:

- Within 14 days of applying for approval of their rehabilitation scheme, the landlord must give the tenants affected by the scheme written notice of their plans. The landlord must also give the tenants a chance to inspect the application and the supporting information.

- If the tenants must move out to allow the landlord to do the work, the landlord must give them a written notice to end the tenancy. The landlord must pay the tenant’s moving expenses up to $350.00.

- Tenants who lived in a residential complex, before the rehabilitation scheme, must be given the first chance to move back in. The landlord must charge the returning tenant the lowest rent they would charge any other tenant for the same unit.

- If a plan is approved, the rental unit(s) or complex can be exempt from the annual rent increase guideline for up to five years. The landlord is still required to give the tenants three months’ notice of any rent increase. The landlord is also required to give a Notice to New Tenant form to any tenant moving into the building.

To set an exemption period, the Branch calculates how much the landlord plans to spend on each unit. The Branch then uses the following scale:

Cost Per Unit Exemption Period

$ 6,000.00 – $7,999.99 - 2 years
$ 8,000.00 – $9,999.99 - 3 years
$10,000.00 – $11,999.99 - 4 years
$12,000.00 and up - 5 years

After the Branch sets an exemption period, a landlord may find that they must do more work than originally planned. If this happens, the landlord can apply to the Branch to extend the exemption period.



Suffice to say, we all feel pretty vulnerable right now and plenty unsure of what the next few weeks will bring. So far only 3 tenants have received notice, but no one else has, so we can only speculate what's to come.

In the meantime we will keep trying to figure out what action to take with both the appeal to the rent increase and now preparing to appeal the rehabilitation scheme should it be approved.

We all feel it is important to share the knowledge, and hopefully there will be some of you who may even be able to offer some help.

If you have thoughts or ideas please email 43roslyn (at) gmail.com

Explanation of Suite Inspections

Last week, we tried to find out why the RTB and Shinidco were inspecting suites. When questioned, the RTB insisted that there was no officer sent and no record of any inspection.

It was not until today that an Residential Tenancies Branch officer finally was able to provide an explanation for the inspection:

Apparently, the suite inspection that occurred the morning of Friday, May 1st, was not in regards to the appeal or the rehabilitation scheme application.

An Residential Tenancies Branch Repair officer was scheduled to meet with the group for a repair issue; the RTB was asked for guidance on whether certain areas were up to code.

With the termination notices being handed out the night before, we can only surmise that this was part of the plan in initiating the rehabilitation scheme application and having a representative of the RTB visit to confirm costs for repair, etc.

Notice given to 3 tenants

Late last night, one of the tenants in our building was given an eviction notice.

Based on some documentation to be signed by the tenants receiving this notice, we believe that 2 other tenants with the lease renewal date of August 1st, were also being asked to vacate by July 31st.

Reminder: APPEAL BEFORE MONDAY

IF you haven't already, it is important that you APPEAL before the deadline on Monday, April 27, 2009. (That's NEXT monday.)

You will have received a letter in the mail with the ORDER from the Residential Tenancies Branch that they have approved the increase. That letter would start out with this information:

All you have to do is:

1. Bring the ORDER you have been sent with you. You don't have to have a letter or any list of reasons just the Order so they can take a copy.


2. Go to 155 Carlton St. - it's at the corner of York and Carlton... If you know where Shannon's Pub is it's on the same block, just closer to us.
3. Go to suite 1650 - it's on the 16th floor.


4. There, let the front desk know you wish to file an appeal. They will give you a form to fill out at the desk, which involves putting down Shindico's address and details, and your address and details. It takes 5 MINUTES.
   
   
   

IF you cannot make it in person, the other option is to MAIL IT IN before Monday (if it's postmarked April 27th or before, it should still be accepted.)

• your name & address
• the RTB order #
• and a photocopy of the RTB order

Send it in to:

Residential Tenancies Commission
1650 - 155 Carlton St.
Winnipeg, MB
R3C 3H8)

Again, it's not necessary to write a letter with any particular details at this point.
The only thing you need to do is send in or fill out the form at the Residential Tenancies Commission. Again, for not very much of your time, you could be saving yourself a very significant amount of money paid in rent.

If you have questions, please email 43roslyn (at) gmail.com.


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Follow up email from Jennifer Howard

An email from Jennifer Howard addressing the issues raised on Monday's meeting:

Hi all -

It was a pleasure meeting with all of you on Monday. I wanted to provide you with the information that you had requested. Here are the questions you had asked me and the responses that I have been able to find:

1) What is the regulation with regards to applying for a rent increase to cover the costs of repairs made necessary by past neglect of general maintenance? Is there any definition of "regular maintenance"?

There isn't an actual definition of "regular maintenance" in either the Act or the regulations. The regulation states that a landlord's operating expenses can include the cost of renting, maintaining and repairing, facilities, equipment, furnishings and furniture to the extent that the costs have not been recovered from a tenant's security deposit or form another source. All of these expenses must be related to the normal or usual operation of the residential complex and must not be non-recurring or extraordinary expenses.

The Act provides that the director must consider whether and to what extent any increases in costs with respect to repairs and maintenance result from inadequate maintenance in previous years if the residential complex was sold in the last three years.

2) What is the rule about landlords applying the rent increase before it is approved? Can a landlord apply the increase before it is approved? At what point can the increase be applied?

Landlords who give the required three months written notice of a rent increase can begin collecting the proposed rent increase on the effective date of the rent increase even if the rent increase approval process is not completed by either the Residential Tenancies Branch or Commission on appeal. If the requested rent increase is not approved and the landlord has already collected it, the landlord is required to refund the tenants for any overpayments.

3) Is there a tenant officer that has this file with whom the tenants may speak and get more technical information?

The name of the officer who issued the Order is on the Order. If tenants require information that is not included in the Reasons for Decision they may contact this officer directly. His name is Rosaire Lemoine and he can be reached at 945-5722.

4) Is there a public document that lists the types of repairs that are eligible for an above guideline increase and the amortization period for each?

The entire rent regulation is at this web address http://web2.gov.mb.ca/laws/regs/pdf/r119-156.92.pdf

The specific regulations that deal with expenses are Regulation 8 (operating) and regulation 9 (capital).

I recognize that several of the concerns raised are more of a policy nature. Please be assured that I will be raising these issues with my colleagues, including the Minister.

Thanks for sharing your concerns with me. Please don't hesitate to contact me or my office if you require anything else. And please keep me informed on the status of your appeal.

Take care,


Jennifer


---------------------------------------------------------------------
Jennifer Howard
MLA for Fort Rouge
Constituency Office: 946-0272
Legislature Office: 945-3981
jennifer.howard (at) leg.gov.mb.ca

Recap: Meeting with Jennifer Howard

Several tenants were able to attend a meeting wit our MLA, Jennifer Howard, this past Monday evening.

The meeting was more in regards to policies and legislation and examining the process of appeal for tenants in general.

Ms. Howard was gracious with her time, and listened to each of us in attendance, but was clear that she was not really able to provide the resources and information for our immediate situation - the appeal process.

Still, some very important information was shared between tenants in attendance and also with our MLA.

On the topic of tenants’ rights and the appeal process:

• We discussed the difficulties and how little influence a tenant has during the appeal process.
  
  
• the issue of how tenants are allowed to access information – timelines for accessing documents being short and difficult, the inability to copy the documents to bring to outside assistance (lawyers, forensic accountants), and the timeline to appeal.
  
  
• the lack of access to resources and advocacy support that would allow tenants to approach the parties at a hearing with a solid case and appropriate arguments.
  
  
• we needed to understand what constituted “regular maintenance” and what could be claimed as “major repairs” to identify what exactly the landlord was attempt to recover costs for.
  

On the topic of policy and regulation:

• Ms. Howard spoke about the history behind the Residential Tenancies act, rent regulation and how they came about in response to inflation.
  
  
• These regulations were put in place to discourage landlords from dropping buildings and property that they felt were too expensive to maintain or keep. By allowing the application for increase above a guideline, they could find a way to recover costs in fixing up & keeping building in decent repair. This is meant to balance landlords costs to keep their buildings in good repair and reasonable rents for tenants.
  
  
• A residential advisory board made up of appointed representatives (landlords & tenants) is set to oversee and approve changes to these regulations...
  
  
• A regular avg increase in rent (below the guideline) usually does not cover larger repairs. 65% of tenants pay the avg guideline, 35% pay the increase.
  
  
• Affordability is another issue altogether from this.
  

Addressing these issues, investigating the “Advisory Board” and writing our thoughts and experiences with the process and sending them to Ms. Howard is something that several of the tenants are interested in pursuing in the long term.

In regards to our appeal, this is still something we are looking for help in building a united “case” for the hearing.
This is something most of us wish to address as it’s pending and time is of the essence.

The key thing is to appeal first.

Reminder: tonight's meeting with Jennifer Howard

1. Use the BROADWAY entrance of the Legislature (that is the *front*, so to speak). All other entries will be locked.

2. Check in with Security inside the front entrance, who may ask us to sign in & if anyone drove/parked in visitor's parking -- Security will ask for your license plate number.

3. Go upstairs to room 234 on the 2nd floor (using either the staircase or elevator)

If you're looking to walk over with someone, a small group will leave @ approx. 6:40 pm -- meetup in front of our building at that time.

Considering we'll have only about an hour with our MLA, perhaps we can ponder some of the questions we have for Jennifer Howard -- as well as any key points we'd like to make.

A few points to address?
- Given the fact she and other MLA's are very much *aware* of this situation as it currently stands (i.e. v. low vacancy rates, unwarranted rent hikes in massive quantities, and that current regulation/policies actually CONTRIBUTE to these problems) -- given these givens -- Just what is/will be DONE about it?

- What are the challenges/obstacles to effecting this change?

- What can we do to help our current situation?

Please keep in mind the point of the meeting is to gather more info on how to approach this appeal and what resources we may have access to.

CONFIRMATION of MEETING

The meeting with Jennifer Howard is all set up for 7pm at the Legislature on April 20 (Monday). The meeting will take place in room 234 on the 2^nd floor. All meeting attendees need to use the Broadway entrance and check in with Security. From there we can either go up the large staircase or take the elevators to the right to the 2^nd floor and proceed down the hallway to the South side of the building. If we have questions, we can ask Security to explain it for us.

NOTE: We'll need to give all meeting attendees' names to security in advance. If interested, please email 43roslyn@gmail.com by NOON Monday, 20 April.

Meeting with Jennifer Howard next week & the appeal process

We have the date for the meeting with Jennifer Howard, this coming Monday, 20 April @ 7pm. (the time still needs to be confirmed). It'll take place at her office at the Legislature. Check back for confirmation and address.

-=-=-

Regarding the appeal process with the Residential Tenancies Commission, there are two ways to appeal:

1. Going to their offices at 155 Carlton St. (suite 1650) and filing an appeal in person.

2. Mailing their office (1650 - 155 Carlton St. R3C 3H8) with the following information:
> Your Name & Address
> RTB order #
> Photocopy of the RTB order

*** NOTE *** it's not necessary to write a letter with any particular details at this point. The only thing you need are the items above: i.e. who you are, where you are & copy of RTB order.

The deadline is Monday, 27 April -- and if it's postmarked by that date it will be accepted as on time.

About the RTC's appeal process:

1. They open the file and assign an appeal officer. Apparently this officer will be an accessible point person for us, tenants. We will be able to discuss & ask questions of this individual.

2. Appeal Officer reviews all the previous documents/files associated with this case (obtained from the RTB).

3. A hearing date is set, generally within a month or so of the file opening. Tenants will recieve approximately 3 weeks notice for this hearing.

4. We will receive a *scheduled time* (approx. 2 weeks prior to hearing) to come view the file documents. By the sounds of it, this is a specific day/time that, if not convenient for certain tenants, they will be able to reschedule.

5. We attend the hearing and present our case.

Keep checking back for more information.

We will have an email for you to contact for more questions, but please read through the info here on this site first.

Thanks.

Order for the increase has been approved

The order from the RTB is in with the 8% increase approved. (Tenant's should have received a letter last week.)

It is now time to get moving towards the appeal. The appeal with the RTC is an entirely new process -- separate from whatever happened with the RTB.

The important thing is that as many tenants as possible actually FILE THE APPEAL. That and gathering the evidence (i.e. photos, info on apartment disrepair via questionnaires, etc.) is what needs to happen now.

The letter states you need to apply to the Residential Tenancies Commission* (1650-155 Carlton St, Winnipeg MB R3C 3H8) IN PERSON or by mail no later than Monday, April 27, 2009. Bring with you a copy of the order.

*The RTC is not the same as the Residential Tenancies Branch.
More information about the RTC can be found here: http://www.ppmamanitoba.com/articles/a0000018.html

** It is HIGHLY recommended that you apply in person - it removes any doubt that the appeal has been filed.

Information about the Above the Guideline Rent Increases

RENT INCREASE information

Attention BLAIR HOUSE TENANTS:

Main Issue:

Shindico and landlords: Dr. H Fleishman, Dr. S Berger, Dr. H. Gelfant, B. Mickelson, and Soaring Eagle Inc. have applied for an “ABOVE THE GUIDELINE RENT INCREASE”.

They are asking for 8.8 % increase, which is above the government set rate of increase for this year.

What we are trying to do:

We are trying to gather evidence and show proof that this increase is unwarranted and that the guideline increase over 3 years will be equal if not more than enough for the landlords to recoup expenditure costs and maintain the building.

Explanation:

A landlord can apply to The Residential Tenancies Branch for an above the guideline increase if they can show that the guideline won’t cover their cost increases. A landlord must give the Branch information to support or justify a larger rent increase.

Step 1: A Residential Tenancies officer checks the information the landlord gives to the Branch to make sure they have everything needed.

Sometimes the officer may ask the landlord for more information. In the case for Blair House, this did happen and the Landlord/Shindico responded on Dec 22, 2008.

Tenants of Blair House were sent letters stating that the Landlord had applied for this above the guideline increase on January 15, 2009 along with a summary outlining their costs and why they were applying.

This letter also invited you to go to the Residential Tenancies Branch to review the application.

Step 2: As a tenant you had the opportunity to send an objection to the Branch when you received your rent increase notice. There was also a chance to see and make comments on the landlord’s application before the Branch sets your rent.

Some of the tenants did view the supporting documents, and some sent in letters of objection. (before Feb 2, 2009)

After the tenants look at the file and make comments, the landlord will have a chance to see and respond to those comments. The officer then reviews all the information from the tenants and landlord and issues an order setting the rents.

Step 3: What does the Branch consider before it issues an order setting rent?

When setting rent, the Branch considers:

• increases or decreases in operating expenses;

• capital expenditures;

• any changes in the services the landlord provides;

• the landlord’s deficit, if any; and

• any written comments or objections from tenants.

The order setting the rent includes reasons so both the landlord and tenants will know how the officer arrived at the decision.

Step 4: We are now waiting to hear from the RTB regarding their decision.

This means the RTB:

will simply issue an order for increase.

This means, the next letter from the RTB will state that our rent goes up by a certain amount. It may say 8.8 % or it may say something else based on our objections.

Step 5: We can APPEAL this decision. But we need to offer proof and testimony.

So several tenants met, and discussed what we could possibly bring to light in the appeal process.

The meeting minutes are available here.

Repairs and requests

What to do if you have complaints or repairs:

Approach SHINDICO:

1. Call, write, or email Candace Bertie - our current Property Manger and if necessary go down in person and deliver a letter.

Candace Bertie
200-1355 Taylor Ave
Winnipeg MB R3M 3Y9

204-474-2000

2. Ask for a specific reasonable timeline. If you're looking at something to be fixed, be aware it may take some time for them to book a contractor. 2 - 4 weeks depending on the type of request should suffice. Come to an agreement with Shindico.

3. When you do agree upon a repair request, get it in WRITING.
If you leave a message or speak to Shindico but repairs still haven't been completed over your request, you have no proof of the agreement. The best thing is to email, or ask that they respond to an email you've written to them. This will be important should Shindico not fulfill the repair request in a timely manner.

4. If the repairs have not been completed... check in with Shindico regarding the original agreement (which you have now in writing.) Let them know that if they don't complete the repairs, that you will approach the Residential Tenancies Branch.

If nothing happens - you can contact the RTB. They will take you through the process of a formal request for repairs. The RTB will need to see and be convinced that the repair is necessary, so be prepared to show proof. This process may include a site visit from an RTB officer who will take photos for proof and will handle your case.

RTB then sends the managing company (Shindico) an order to repair if the officer deems the repair necessary. If the company *still* doesn't repair by the date specified in the order (by the RTB) the branch then can withhold the rent from Shinidco on your behalf (you pay the RTB not Shindico) and continues to do so until the the repair is made.


About our caretaker:

Our current caretaker, Edgar is not the enemy nor should he be expected to work 24 hours a day. Edgar is our caretaker and, in fact, he goes above and beyond what his actual duties are. He is conscientious and actually does care for and PROTECTS our building even if you may not see it. Edgar also LIVES in our building so he also a fellow tenant. He wants to our building to be comfortable and safe, and in good working order just like the rest of us - it's not his call because he works for the landlord and needs to follow orders.

He is officially paid by the landlords to handle care-taking duties as well as minor repairs. Shindico is the managing company that will call him if there is a repair needed. Edgar is not the person to approach - SHINDICO is.

That's why you need to go through the process... If Shindico is not answering it is not Edgar's fault. Complaining to Edgar will not make the repair happen any sooner. But getting it in writing and following up will allow you to place a formal request with the RTB.

Complaining is not going to fix it for you

Each tenant has their own list of repairs as well as the common list of issues for the building but the key to making anything happen is to put things in writing and to TAKE THE NECESSARY STEPS - not just complain to your neighbour. We all have similar if not the same exact issues, but complaining about them to each other is not going to make anything happen.

Tenant’s Meeting, Blair House February 16, 2009

Objective: To share information, and figure out what as a group of tenants can do should the order for rent increase be approved or should a hearing be set.

Tenants in attendance: Bill, Leona, Gavin, Darryl, Tom, Lola, Masha.

Marianne Cerelli from the West Central Resource Centre (http://www.wcwrc.ca/) and the newly formed Winnipeg Rental Network (http://www.winnipegrentnet.ca/) joined us to offer suggestions and advice.

1. We discussed at what point we are in the process:

- Because there were at least three tenants who submitted letters personally and were received by the Residential Tenancies Branch (RTB) we hoped that the officers reviewing the application will take our objections into account.

- The next part will consist of RTB reviewing all the information and then issuing an order. This means we will all receive a letter stating whether the RTB has approved the whole 8.8% increase, or they may make adjustments and say give us another amount based on their findings.

- We all assumed that there would also be an opportunity for an informal hearing to attend. (as of Feb 17, 2009, this may not be the case.)

2. We talked about what we could do at this point:

If we get another letter and no informal hearing, what happens next?

Once we receive an order from the RTB (issuing their decision on the rent increase), we can individually initiate the appeal by writing to the Residential Tenancies Commission.

This objection may lead to hearing date where we can attend and speak our side in the presence of the Residential Tenancies Commission and a representative from Shindico.

There is also mediation by the RTB that may come into play - we may have an opportunity to ask for mediation from the RTB - but if we have a clear case then this is not necessary.
Mediation can be used as a way to gather more information and/or negotiation.

Should a hearing be called very quickly before we can make proper preparations, we may have an opportunity to ask for the hearing date to be pushed back by the RTB/RTC.


3. What can I/we possibly use to write in that will be effective?

a) Number one priority: We need to demonstrate that the landlord’s request to increase our rent outweighs the actual cost incurred for maintenance and capital expenses. In fact, if we can prove that it’s for profit and not cost, we most definitely have a case.

b) Proof such as photographs (i.e before and after) that the landlord’s claimed costs do not warrant an increase.

The landlord put the following into the summary on top of repairs, maintenance, gas, & water:

– New Stoves & Fridges
– In-suite-painting
– Plumbing

Here are items included in cost (found on the application) that were not presented in the summary:

– new wooden fence
– washers & dryers
– interior & EXTERIOR painting
– replacement tools


The building itself has had exterior painting? Where?
Washers and Dryers, plural?? Which floors received them? Approx. 10 suites had new stoves and fridges replaced - how does that apply when the original appliances replaced were from the year the building was erected and were in dire need of replacement?

Although we each may have our own individual repair or suite issues, we have to be very clear that our landlord’s costs listed (and they can only claim a portion) can be recouped with the general increase and does not warrant this above the guideline increase.

c) Because our building is so old and does not have amenities such as visitor parking or a security system for our front lobby, is the rent increase justifiable in comparison to other buildings in the area? We may be able to speak about comparable suites and apartment buildings however it is not the strongest argument.

Again the idea is to prove the landlord’s application doesn’t show that it’s warranted to recoup costs - but just to profit…


4. We discussed who we could contact to help us:

– We attempted to find out if there was a specific officer from RTB who was assigned to our case… due to the frequency of these increases there is not one individual officer.

– Shirley Van Shie (legal aid/lawyer) who may take a our case if we have a chance and may be able to help to speak on our behalf

– Approaching pro bono Law Students to help, articling students who again may be able to speak on our behalf. There possibly may be a Law student within our building or relatives friends we could approach. (also a Michelle...? student)

– Brian Grant – Housing Coordinator for West Broadway may be able to offer information on comparable buildings and rent as well as profit issues.

- Patrick ? - Rent Safety Coordinator for Spence (Resource Centre?)

- Osborne Resource Centre?
- Mayfair: Families Forward centre?

Numbers to call:
- Citizens' Inquiry Service: 945-3744, 1-800-282-8060 ( for contact information across Manitoba)
- Citizen’s Information Service http://cms00asa1.winnipeg.ca/ 986.2117

5. Focusing on the issue of the rent increase

We talked about focusing on the issue at hand and leave bigger issues and political influence/approaching media for a different time or on a seperate “campaign”:

- Landlord/tenant inequality during process and approaching media and politicians regarding this city wide issue is not necessarily a route that will influence our situation at Blair House.

- Our focus needs to remain on addressing our concerns with the proposed rent increase in our building and on our fellow tenants.

6. Finally we tried to breakdown the next steps we wanted to take:

a) Contact our RTB officer and find out the latest status

b) Gather evidence:
– info from Shindico,
– past files and information from Apex should anyone have any and rent history
– photos and proof that the costs claimed by Shindico are not valid – i.e. replacement of laundry facilities? in suite painting?
– demonstrate that these costs did not improve ALL suites or the building on a whole. (number crunching? Reviewing the application (which we have copies of.)


c) Contact a legal aid: preparation for a presentation

d) Approaching tenants and asking for support to attend a hearing or to deliver letters and photos of proof.

e) Keeping tenants informed.

Issues with another Tenant

What to do if you have an issue with fellow tenant//neighbour.

1. Communicate with your neighbour.
Try writing a note as the person who may not know they are actually disturbing you. Give them the benefit of the doubt first. And communicate with them DIRECTLY. You don't have to be afraid of a "confrontation" - slip a note under the door, or in their mailbox. Leaving notes for the caretaker, or avoiding the contact will not help.

For instance, the disturbance may turn out to not be coming from their apartment - no one likes to be accused of anything, but even worse is wrongly accusing someone.

Just try to bring awareness to the situation first - most often people are not out to bother you.

2. Try to offer an alternative.
You may not know your neighbours' situation. Perhaps they are not aware you work night shifts and so need to sleep during the day. If you can suggest that you need to practice your drums at a certain hour, you may be able to come to an agreement or compromise.

3. Ask Shindico for guidance and help
If this doesn't change the behaviour and the disturbance continues, or you receive no response from your neighbour, then it may be time to contact Shindico at (204) 474-2000. (*Edgar is NOT Shindico. Call Shindico first and they will contact our caretaker, if necessary.)

Give them a call, explain the situation, let them know that you've attempted to contact your neighbour and the possible solutions you have offered.