CONSULTATION PAPER: EVICTION LAW REFORM ("ELR")

The Non-Profit Housing Co-operative Statute Law Amendment Act, 2013 

 

In Ken's opinion, this statutory laws requires amendments under the New Progressive Conservative Party of Ontario that was elected on June 7, 2018 and sworn into office as at June 29, 2018. 

 

Some background information:

 

Second Session of the 40th. Ontario legislature resumed business on September 9, 2013.  

In Ken Hummel's (Ken) view, MPP's were irresponsible for fast-tracking Bill 14, non-profit Housing Co-operative Statute Law Amendment Act, 2013 into Law on September 24, 2013 at the request of CHF Canada lobbyist. In Ken's view, Bill 14 was poorly drafted and flawed, and further amendments were needed. Bill 14 Royal Assent received on September 26, 2013 [Chapter Number S.O. 2013 C.3] And was proclaimed into law on June 1, 2014.

 

In Ken's view, CHF Canada lobbyist proclaim this law as a victory for their member housing co-ops. Ken's views the lobbyist... & politician's that supported Bill 14 into law, as having low regards for co-op members' and treated them as second class citizens!

 

In Ken's view, Bill 14 does not allow co-op members' to file applications to seek remedies for maintenance, housing charge disputes, and harassment issues at the Ontatio Landlord and Tenant Board (LTB). Tenants of Landlords are protected under law and can file applications to seek remedies on those three issues at the LTB.

Click link to view: BILL 14 Stage and Action 

Standing Committee on the Legislative Assembly

Wednesday 11 September 2013

Click link to view: PUBLIC HEARINGS

Click link to view: Ken's e-mail's dated March 5, 2013 to MPP's - re: Bill 14

Click link to view: Ken's 4-page Brief re: Bill 14 in PDF

Standing Committee on the Legislative Assembly

Wednesday 18 September 2013

Click link to view: Standing Committee Meeting Minutes

Bill 14, Non-profit Housing Co-operatives Statute Law Amendment Act, 2013 will not be amended prior to third reading in the legislature. The inherent problems with co-op housing are not being considered. Bill 14 was tailored made legislation from the very beginning with all political party support from politicians the legislature and bureaucrats at the Ministry of Municipal Affairs and Housing ("MMAH") for the Co-operative Housing Federation of Canada ("CHF Canada") lobbyist and others who supported it.

Bill 14 panders to CHF Canada lobbyist and its member co-ops, board of directors and management staff that calculate co-op member housing charges and are responsible for co-op housing repairs and related maintenance issues.

Bill 14 will make CHF Canada member co-ops, board of directors and management staff less accountable. When Bill 14 becomes Law, the fallout will cause irrevocable harm to many co-op members.

I can only hope the lack of consideration about the inherent problems associated with co-op housing and the fallout from Bill 14 legislation will haunt those MPP's and others consciousness for the rest of their lives, in addition its my belief that karma will come back at all who supported this Bill that basically amounts to grand-theft of individual co-op member right's under law and dismissed issues about poor governance and management at co-ops that can also be related to housing charge disputes and maintenance issues.  

Re: Standing Committee on the Legislative Assembly meeting minutes dated September 18, 2013. Ken was offended and angered that Bill 14 was tailored made for lobbyist and their supporters from the get-go. - re: Presenters' at the Public Hearings held on September 11, 2013 - ..."they would have had to be ruled out of order"...

In Ken Hummel's view, Ontario legislature MPP's, Bureaucrat's at the Ministry of Municipal Affairs and Housing, and Co-op Housing Stakeholders should all be called OUT OF ORDER for supporting Bill 14 that was tailored made and pander to housing co-ops, especially its Board of Directors and Staff Management.

In Ken's view, Bill 14 is a SIC piece of tailored made legislation without some requested amendments and it may also remind some folks about said amendments about **Justice**

In Ken's view, Bill 14 is a 'Fraud-Friendly Bill' in regards to federal program co-op housing member housing charge calculations that should never had all political party support without some important amendments.

Although the following 2:48 minute video satirizes a Lobbyist and a Senator in the United States, Ken offers his translation into Ontario, Canada politicts that some may view as CO-OP HOUSING DAY IN THE ONTARIO LEGISLATURE !

The link below details all debates in the Ontario legislature and committee meetings that fast-tracked BIll 14 into LAW as S.O. 2013 C.3 ::

THE TRANSFORMATION OF A FRAUD-FRIENDLY BILL 14 INTO LAW

Some Social Media reaction to Bill 14 that is now law:

nlstoronto.org                                                                                                    

November 2013                                                                                    

'New Co-op Housing laws: Less than meets the eye'                                             

CLICK HERE  

 

rabble.ca                                                                                           

January 16, 2014                                                                                     

By Josh Hawley                                                                                  

"Evictions for all? What effects will Bill 14 have on co-op residents"

CLICK HERE

 

Continued criticism is expected from those who opposed Bill 14 without amendments

[Supplemental information about non-profit co-op housing in Canada]

Inherent problems with co-ops: http://tinyurl.com/d68zyto

Stakeholders can pander to co-op board of directors and management staff: http://tinyurl.com/chbhs62

Indicators of poor member engagement in the co-op sector: http://tinyurl.com/c3rwq2n

A fraud-friendly culture can exist at co-ops: http://tinyurl.com/aabbd3p

Bill 14 removed the requirement of a Duty of Procedural Fairness in consideration of the merits of the case that the Court system offers resident co-op members, and the main reason eviction proceedings are tossed out of Court.

Under the legislation related to the Ontario Ministry of Municipal Affairs and Housing that released a Consultation Paper in 2009, suggest that about 50% of rent-geared-to-income ("RGI") co-op housing subsidy calculations and market rent housing charges would be preformed by the MMAH. 

Canada Mortgage and Housing Corporation ("CMHC") has operating agreements between federal programs non-profit housing co-operatives ("co-op") across Canada.

CHF Canada statisticts for 2013 noted 555 co-ops in Ontario with 44,087 households of that, there are 477 federal government agreements (apx. 225 co-ops) and 20,683 federal programs households. 12,943 households that represent about 22,000 low-income Ontarians would have their RGI  subsidy housing charge calculations performed at these federal program co-ops.

In only one legal case, the government of Canada agency CMHC enforced compliance of the operating agreement in respect to RGI that involved eight housing co-operatives in 1997. Case Docket Number: 97-CV-123838

Compliance monitoring is expensive, not done in detail, and many records that may document the co-ops management are not monitored. If a co-op breaches the operating agreement then obtaining a court order can be expensive to force the co-op to comply with the operating agreement ("specific performance").

It is alleged that CMHC has demonstrated negligence in compliance monitoring of co-ops. CMHC's failure to enforce compliance of the operating agreement between co-ops can encourage co-ops to breach the operating agreement.

CMHC and others engage through Risk Management that place the onus upon individual members with modest or low incomes that have a RGI to repay any money owed back to the co-op that represent debt. Members paying market rent that are over-charged rent should also have the right to seek remedies for disputes related to housing charge calculations.

Individuals at co-ops that intentionally under or over calculate housing charges are negligent in the calculation of member housing charges need to be held accountable and responsible for their negligence.

We should all expect a higher 'Standard of Care' from the individuals that calculate member housing charges at federal program co-ops.

The legislation would not allow co-op members to apply to the Landlord Tenant Board (LTB) to seek remedies for disputes related to housing charges, maintenance or any other grounds under the Residential Tenancies Act (RTA)

Co-ops and its members would have to try and resolve the disputes stated above internally at the co-op with its board and/or members.

In Ken's view, there are really huge problems with board, members, and staff being objective, impartial and fair at co-ops, especially in eviction proceedings.

In Ken's view, associative difficulties at co-ops, are attributable to poor management, interpersonal conflicts, multicultural prejudices and challenges, collusion, abuses of power, cliques, and favoritism etc. Please review Crisis Situations in Co-ops 

CMHC, the Agency for Co-operative Housing (the "Agency") and CHF Canada recognize and understand these type of 'Crisis Situations in Co-ops'.

In Ken's view, CHF Canada lobbying efforts that don't allow individual co-op members to apply to the LTB to seek remedies for disputes related to housing charges, maintenance or any other grounds under the RTA is an attempt to in-fringe upon the rights of individual members that live in co-ops, and absolve CMHC, the Agency, and individuals at co-ops of their responsibility and 'Duty of Care' that under or over calculate housing charges for its individual co-op members. 

Under the legislation, co-op providers and residents would have most of the same protections and benefits available to landlords and tenants, including access to mediation services.

In Ken's view, access to mediation services through the LTB and RTA, would not apply to disputes related to housing charges and co-op maintenance issues...

Co-op members need an Adjudicator in the LTB or through the Court system that may help ensure decisions relating to under or over calculating housing charges, especially in respect to evictions are procedurally fair, done objectively and impartially without prejudice towards co-op members.  

Ken reviewed and quotes from the news release on April 16, 2012 by the Ministry of Municipal Affairs and Housing in regards to Eviction Law Reform. - "Ontario Strengthening Protections for Co-op Residents"..."Changing the tenure dispute resolution process will make the process"..."transparent for co-ops and their members."

In Ken's view, any suggestion that Bill 14 is strengthening protections, and making the process transparent for co-op members is complete nonsense and far from the truth.

nlstoronto.org

June 6, 2013

"Co-operative Housing, Eviction and Rent-Geared-to-Income (RGI) Subsidies"

http://tinyurl.com/ktdtv59

Ken urged Members of Provincial Parliament (MPP) in Ontario to amend proposed Bill 14 that allows co-op members to apply to the LTB to seek remedies for disputes related to housing charges, maintenance or any other grounds that include mediation services under the RTA. MPP's turned a deft ear towards Ken.

In Ken's view, it's a travesty for co-op members to be denied this simple request that protect a co-op member right to objective, impartial and fair eviction proceedings etc. by MPPs

Some additional background information: 27-page Report-Analysis of evictions in the City of Toronto in regards to the Co-operative Housing Sector published March 31, 2004. Click link to access: http://tinyurl.com/3lmypsa

     

Last revised and updated on June 29, 2018

Information may be updated/revised or deleted without prior notice

Ken Hummel, Administrator, CHIE