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.