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.

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.