Brief to NDP Caucus

Publisher:  Federation of Metro Tenants Associations, Toronto, Canada
Year Published:  1976  
Pages:  30pp  
Resource Type:  Article
Cx Number:  CX274

Critique of the amendments to the Landlord and Tenants Act and recommendations for modifications to present legislation.

Abstract:  The brief should be read against the background of the Devitt-Sawchyn decision at the Ontario High Court in May, 1976, by which it becomes clear that the majority of rent increases in Ontario since the amendments to the Landlord Tenant Act in December, 1975, are illegal. Most likely the government will eventually introduce a retroactive amendment to legalize them. The brief attacks a whole series of inadequacies in present legislation including lack of annual building determinations which would regulate rental levels and of a registration system for rental increases. The present 8% maximum allowable annual increase often encourages hikes where none is justified. Moreover it cannot be adequately monitored. Specific modifications are offered to the present legislation governing discontinuance of a service or privilege or the provisions for a notice increase. Several inadequacies are noted in the Rent Review Board structure and alternatives beginning as a temporary measure has assured ineffective administration. From the tenants' point of view, lack of public guidelines about the administration of the act have led to inconsistent application based on the personality of the Rent Review Officers.