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Ask for Repairs, Get an Eviction Notice : Life in Subsidized Housing
Lurline Bennett has lived in subsidized housing at Kingston Road, Scarborough for seven years. It is a three bedroom town house, which for the past 18 months has had one resident, Lurline. She needed repairs starting with a back door. Del Property Management responded to Bennett's request for repairs by sending a Notice to Terminate a Tenancy Early (Form N5). Bennett said, "I guess they got the letter from John [Clarke of the Ontario Coalition Against Poverty] and they write me an eviction notice asking me to move out of the unit by March 28th, 2008." That response was unacceptable to OCAP who organized a press conference at the CHU responsible for Bennett's Scarborough home. Lurline Bennett said she'd contacted management about the issues, "I put in work orders and every time I put in work orders or I try to contact them, all I've been told by the Property Management is that I have to fix it myself. I have to pay for everything myself. That they are not going to fix nothing in the unit that's what I've been told." "The back door was the original door from when the house was built. It came apart from underneath, it came loose and fell off the hinges. I went and put in a report and let them know that I need a new back door. They said they weren't replacing any, if they do put it on it is going to cost me $500.00. I would have to pay for it myself."
John Clarke of the Ontario Coalition Against Poverty said, "what has happened is a response to the letter that we sent them telling them that the woman didn't have a back door and we expected it to be fixed. They are trying to evict her on the grounds that all of the problems that she has with her unit are essentially of her own making. That is to say that she has destroyed six doors, ruined the floors, ruined the kitchen cupboards and presumably invited the mice in as well. On that basis they are now trying to evict her so we've come to the area office and try to begin the process of dealing with it. We discovered this morning, we weren't aware of it up until now, that Del Property Management that is the agent of Toronto Housing in this matter and the eviction actually comes from them. We won't deal with Del we'll deal with TCH itself." With that Lurline Bennett and John Clarke entered the Community Housing Unit 04 at 2180 Ellesmere Road, Scarborough to bring this to the attention of Ron Adair, the Community Housing Manager.
Dubreuil replied, "Ron Adair isn't in today, he's actually out." Then she realized, "you're just asking for a meeting with Ron." John Clarke informed Dubreuil of the issues pertaining to the tenant's home. "Essentially there has been an allegation that this woman damaged her own floors. The place is in horrible shape, because it hasn't been maintained. There is a back door missing that is a chronic situation. In the case of the front door, there was actually a written damage report that was filed with security so there's no possible way that you can argue she damaged that door herself." No one not Ron Adair, not Patricia Dubreuil, not even Derek Ballantyne, CEO of TCHC could possible expect anyone to live without a back door. Bennett's temporary solution was the family found an old door and wedged it into place. This fixes the main issue, having an actual door to her home and not an empty space where a door should be. But as John Clarke pointed out to Dubreuil, "On one hand if someone was to kick the door in there is not security." "Right", said Dubreuil. Clarke added, "on the other hand for someone to try to get out from the inside if there's a fire, well it's a two-level, arrangement and [a fire hazard]." Dubreuil replied, "We can look at having that certainly repaired. If it turns out from this process that it's found to be damage caused by the tenant there will charges for that. It's the process." Why hasn't the process been followed. Bennett through OCAP asked to have the door fixed and received an eviction notice. That wasn't the process Dubreuil outlined. Clarke then dropped a bombshell on TCHC. Bennett, he said, "applied for a transfer she's a single person in a three-bedroom home." Only it wouldn't have been a bombshell if TCHC had arranged the transfer when it was requested. "Okay, sorry, she's been over house for two years?" Dubreuil asked. Clarke said, "That's when she made the request." "The overhoused [issue] seems a bit curious to me." Dubreuil said. She added when Clarke pushed for a meeting with Adair, "I don't make appointments for him. If in the fact the door is insecure we can repair the door." Why hasn't it been done. This is a security issue for the tenant. People are supposed to be safe in their own homes. "If in fact the door is insecure, we can repair the door, but again if it is determined it is tenant damage you know I mean doors might fall loose off the hinges, door knobs might come loose, so beyond that they'll repair the door, if it needs to be replaced, they'll replace it. But you know if there is a tenant charge needed here, if it's determined at the tribunal that these things are tenant damaged then those costs will be applied to the tenant." Huh! TCHC can't make this repair despite repeated requests and goes on ad nauseam that if it the tenant's fault the tenant will be charged. How about they fix the door? Focus on the tenant's safety rather than covering their back sides with unproven claims against the tenant at the CHU level while Ballantyne has provided a quote regarding the $300 million in outstanding repairs to us in October of 2007. "[Derek] is fully aware of the capital repair needs throughout our portfolio as he has been in and out of units right across the portfolio." Dubreuil summed up, "this is regarding 4331 Kingston Road...you'd like a meeting with Ron Adair. This tenant [Lurline Bennett] moved in seven years ago. So your position is it has taken some time to deteriorate to this condition. The back door is missing, which I told you I would contact Lisa [Property Manager at 4331 Kingston Road] to have that secured, that [Lurline Bennett] called in a written report regarding the front door into security, if that's the case we should have the report. That just that I have advised you" again! "that there will be a tenant charge if in fact it turns out that this is tenant damage is determined to be by the tribunal; that she has been overhoused by about 2, 2 and 1/2 years in a three-bedroom all by herself. You would a proper and dignified meeting with Ron otherwise you are going to come back with an action on a much bigger scale. You will be back and you are insisting on a meeting." John Clarke complimented Dubreuil on her efficiency - didn't translate into all of the tenant's repairs being made or the overhousing issue of 2 and 1/2 years to be resolved. Clarke made an interesting comment when discussing the issue of TCHC's failure to deliver maintenance and worse a landlord reacting with an eviction notice when asked to do their job. Clarke said, "even Rob Ford would have a problem with this." The Toronto Tribune contacted Rob Ford and described the issue. Ford said, "Number one, there is nobody that works harder for tenants in Toronto Community Housing than Robert Ford. I set up meetings once every month to meet with people that needs transfers or needs housing at the Etobicoke Civic Center. Outside of that one I wish that lady called me because I would have went over there," quickly it was pointed out the tenant in question didn't live in Ford's Etobicoke ward. He didn't care, "if this lady calls me I will go to Scarborough. I will bring Municipal Licensing and Standards officers with me and I will bring Housing people with me and I guarantee that I will get this problem rectified. Pass on my name and number to her. My next housing meeting is Friday April 18th. I deal with the top people Michele Haney-Kilig. I will do anything for people that live in Toronto Community Housing. If they have a broken window or their toilet doesn't work, if they have a hole in the wall, I guarantee I will get it fixed for them. Ask anybody that lives in Rexdale, I have a lot of Toronto Community Housing buildings and I take care of these people, first and foremost. I just encourage you to pass my name and number on to that lady and if she wants to be part of the meeting, I'm in Etobicoke Friday April 18th, I can slot her in right now, or if she wants me to go over to the building with by-law officers and I'd be more than happy to do that." John Clarke and OCAP's efforts had some success. "The backdoor has been repaired and she is on the priority transfer list. At this time not all of the repairs have been done." The question needs to be asked how many TCHC tenants receive an N5 notice when they request repairs. That is a misuse of the Landlord and Tenant Board. A landlord should not be allowed to evict a tenant who wishes their home to meet city and provincial building code standards. Del Property Management is part of the Tridel Group of Companies according to Tridel's website. Elvio DelZotto, Deputy Chairman of the Board, donated $1,500.00 to David Miller's 2006 Mayoral campaign. |
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