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


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

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.