Co-ops Gain Access to Landlord Tenant Board

Housing, Downtown Toronto

Housing, Downtown Toronto

Bill 14, the Non-profit Housing Co-operatives Statute Law Amendment Act, 2013, passed third reading Sept. 24, in the Ontario legislature. When enacted, the Residential Tenancies Act and Co-operative Corporations Act amendments will allow co-ops to apply to the Landlord and Tenant Board to resolve disputes.

Co-op housing providers and members have had to go to court to resolve disputes, because the non-profit housing was excluded from the Residential Tenancies Act. Co-ops and members will now have access to a more cost-effective way to resolve disputes, including persistent late payments, illegal behaviour, and intentional damage to property. Access to mediation services is part of the change.

The new legislation states, in part:

    Residential Tenancies Act, 2006

    20. Section 1 of the Residential Tenancies Act, 2006 is amended by adding the following subsection:

    Exception, Part V.1

    (2) Subsection (1) does not apply to Part V.1. The purpose of Part V.1 is to provide protection to members of non-profit housing co-operatives from unlawful evictions under this Act and to allow non-profit housing co-operatives and their members access to the framework established under this Act for the adjudication of disputes related to the termination of occupancy in a member unit of a non-profit housing co-operative.

There is no word on when the amendments will be signed into law.

According to the Ministry of Municipal Affairs and Housing, about 125,000 people live in Ontario’s 550 not-for-profit housing co-ops, with 44,000 households.

4 comments

  1. Angela Browne · · Reply

    However, with the new bill we will be able to represent cooperative housing boards to handle evictions.

  2. Angela Browne · · Reply

    I have represented members of housing cooperatives in various forums, but in order to do this, you really need to be familiar with housing cooperatives and how they operate.

  3. It the Co-operative Housing Act it states, “Residential Tenancies Act does not apply”. The Cooperatives make whatever by-laws they wish to make, including ones that contravene the Residential Tenancies Act. Why is it now they get to choose to use a system made by that act? The Landlord and Tenant Board is there not for Cooperatives. I think, in my humble opinion, that if they are choosing this route, the Residential Tenancies Act should rule when there is conflict with the Cooperative Homes Act or their By-Laws.

  4. The Bill apparently does not protect members of the Co-op who may have been denied maintenance services or had other rights violated by the Board. It will mean more eviction applications. More work for legal aid, and maybe a few cases for me.

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