WINTER/95 NEWSLETTER CONTENTS - 1995 Another Key Election Year for Tenants - The New Minister - Tenants, Rent Control and s. 23 Applications - Membership - Tenant Tip: Late Payments - Nice Guys No More? - Ontario Federations Meet - Policy & Security - Tenant Tip: Security 1995 ANOTHER KEY ELECTION YEAR FOR TENANTS! The Federation is urging all Tenant Associations and all tenants to recognize the vital importance of the upcoming Provincial election. The Provincial Government is responsible for Rent Control, the Landlord and Tenant Act, the Rental Housing Protection Act, the Residents Rights Act, allowing special tax rates for rental properties, funding for Tenant Organizations, and for non-profit housing. IN OUR AREA, THE MAJORITY OF ELIGIBLE VOTERS ARE TENANTS. Tenants have influenced past elections and can definitely influence this one. The 1975 election led to rent review. The 1985 election led to expanded rent review including a rent registry and the Rental Housing Protection Act. The 1990 election led to the demise of the Residential Rent Regulation Act and the implementation of the current Rent Control Act. It is quite possible that after the next election, everything we have gained could be put back on the table. Also improvements that we need could be placed on the table. It can make all the difference in the world, if elected representatives have been made aware of tenant issues during a campaign and have seen that tenants do take an active interest. It is important that politicians be "smoked out". Where do they stand? Would they improve Rent Control or weaken it or eliminate it? Do they favour the current unfair tax burden placed in our rents by the multi-residential property tax system? We have a right and a duty to press these kinds of questions. We have a right and a duty to help tenants make an informed choice when they vote. The Federation is working on a number of ideas including how to help you and your Association fully participate in this process. To start, we are organizing an all members meeting on February 1 at the RMOC (111 Lisgar) to stake out our strategies. Tenants have a lot to lose in 1995 and a lot to gain! If you would like to be involved, please call us at 594-5429. THE NEW MINISTER The Honourable Richard Allen is the new Minister of Housing. He has replaced Evelyn Gigantes who resigned in August. Mr. Allen is from Hamilton. He is a veteran of the Ontario Legislature. His background is in the world of academics. We have met twice with Mr. Allen since his appointment. He grasps issues very quickly and he understands the complexities of his Ministry. However, we should not expect high levels of activity from the new Minister as the current term of the NDP Government is winding down. You can write to the Minister at: 777 Bay St., 10th Floor Toronto, Ontario, M5G 2E5. Phone (416) 585-7111. Fax (416) 585-6935 TENANTS, RENT CONTROL AND s. 23 APPLICATIONS One of the biggest pluses of the new Rent Control Act is the direct correlation it draws between rent and maintenance. If the standard of maintenance is inadequate, then tenants can apply for a rent reduction under Section 23 of the Act. Eight of our tenants associations have already exercised this rights. In several cases the landlord has finally started making a number of needed repairs. At least one landlord has entered into serious negotiations with the tenants association. As reported in the last newsletter, the tenants at Navaho Drive were awarded a one year 5% reduction in their rents. If you would like to discuss making your own application call Dan or Kim at 594-5429. MEMBERSHIP A new year is upon us, and it is again time for us to seek your support for the Federation of Ottawa-Carleton Tenants Associations. Your dues will enable us to continue our work on behalf of all tenants in our region. For more than ten years, we have been the tenants' voice in Ottawa-Carleton. Won't you show approval of our efforts by renewing now? Individual memberships are $15.00 a year. Please, return the enclosed membership application form with your membership dues, and retain your status as a member of the Federation. If you have any questions please call us at 594-5429. TENANT TIP: LATE PAYMENTS The main obligation that tenants have is to pay rent in full and on time. Most landlords require that rent be paid on the first of the month. Even if the first falls on a Sunday or holiday, it is up to the tenant to make sure that the landlord gets paid on time. But what happens if, for whatever reason, you are late with your rent? Can the landlord charge you a late fee? Our opinion is NO. In this situation the landlord's remedy is to serve the tenants with a form 5 Notice of Termination (Eviction Notice). Can the landlord charge you a fee if your rent cheque is NSF? Yes. Recent changes to the Rent Control Act's Regulations permit a landlord to pass his cost on to the tenant. Tenants should know that being persistently late in paying rent is a grounds for eviction that the Court will allow. To avoid these various problems pay your rent on the due date. NICE GUYS NO MORE? A note from Dan McIntyre, Executive Director Being involved in a Tenants Association or Federation means that you want positive change for tenants. Working for change can include information, negotiation, political activity, and advocacy.Naturally, people wish change to happen through effective communication and persuasion. But, what if that does not work? At what point do you drop diplomacy and take action? When do you speak out and how do you make your point? If a landlord(s) is unscrupulous or a Government or Ministry is insensitive, should we be more aggressive? Over the past 12 years, the Federation has tried, and succeeded on many occasions, to be effective communicators and persuaders. There have been times when we have had to be aggressive in order to accomplish something for tenants and this has also led to some successes. It is my sense that we now need to enter into a more aggressive stage to deal with some issues. There are landlords doing unacceptable things. There are people in Rent Control who are not doing a good job. Being aggressive can include putting out more media stories and taking things more head on with adversaries. We expect to do these things in 1995. We are here to work for tenants. What do you think? Do we need to be more aggressive? If so, how should we be more aggressive? ONTARIO FEDERATIONS MEET By Della Kirkham, Board Member On November 25 and 26, 1994 an historic meeting took place in Hamilton when all five of the provinces organized Tenants' Federations met together for the first time. Federation reps from Toronto, Hamilton, Windsor, London, as well as Ottawa gathered to share information and "brain-storming" about a variety of tenant issues. Our Federation was well represented at the the two day affair with a team of five attending (Dan, Kim and board members Dave, Della and Diane). Discussions at the meeting revolved around fundraising and organizing strategies; the role of the United Tenants of Ontario; and finally, how the tenants' movement can best make its voice heard in the provincial election expected sometime this year. As a new member of the Federation board, I left Hamilton feeling the exercise was more than worthwhile. Not only did it give some of the newer Federations (and board members) an opportunity to hear directly from the "old hand", it was also a significant reminder that regardless of where in Ontario tenants live, we share many issues. We left the meeting committed to sharing information and ideas, particularly as the election gets closer. All in all, a reasonable success for first-time gathering! POLICE AND SECURITY There is growing concern in tenant communities about crime, security and vandalism. The Police have undertaken several public information initiatives so that the public can better protect themselves. Many Tenant Associations have had Police Officers attend meetings to discuss issues and give advice. Some have had the Police do security checks in their building particularly in regard to underground garages. We encourage our members to work with the Police in order to better protect our communities. On the other hand, the Police are being left short handed by fiscal restraints. We have heard comments about the Police being uncaring when they have received reports of thefts or vandalism in apartment buildings or complexes. Sometimes the attitude seems to be that there is nothing that can be done to recover goods or catch vandals. After all, insurance will cover some losses. We pay for police protection through our taxes. We also pay extra rent increases to landlords for capital expendi-tures which could cover extra security measures. The status quo is unacceptable. TENANT TIP: SECURITY How long does your underground garage door stay up when you enter? The Police advise that if it stays up for more than 20 seconds, the chances of unwanted people coming in are increased. They also recommend that motorists not proceed to their parking space until the door has come down after entry. Time your door. If it is more than 20 seconds - ask the landlord to adjust the timing. You can also call the police to report it so that they can "encourage" the landlord to do the right thing.q q