Hamilton tenants 'thrilled' after LTB blocks landlord's renoviction attempts

Tenants at a Hamilton apartment building are no longer living under the threat of renoviction after a win at Ontario's Landlord and Tenant Board (LTB). 

Beverly Hoadley, 87, and Amanda Dick, 42, were among the more than 20 people living at 103 Emerald St. S. who fought N13 eviction notices —  saying there are plans for work at a building, like a demolition or repairs — there were filed by landlord Jon Pilon.

Many, including Hoadley, have lived there for decades. 

As soon as Dick received the LTB's decision Friday morning, she went down the hall to share the "super exciting" news with Hoadley.

"Bev feels great. She is thrilled," said Dick. "Her 50-year tenancy is going to continue indefinitely." 

The landlord, based in London, said he needed tenants to move out so he could create four basement units and, in all the existing units, paint, replace flooring and windows, and upgrade kitchens and bathrooms, according to the LTB decision. 

A quote from a construction company "highly recommended" the building be vacant during renovations, but didn't say it was required, the LTB found. The quote also said the water and plumbing would need to be shut off "for extended periods of time," but didn't specify for how long or if it could be done intermittently. 

Landlord vague on details: LTB

At the LTB hearing, Pilon wasn't able to provide any more details about the service disruptions for tenants, the decision said. 

Under most circumstances, landlords must obtain all permits before the LTB will allow them to renovict tenants, wrote adjudicator Camille Tancioco in the decision. 

However, Pilon told the board he hadn't obtained city permits that would allow him to renovate the basement because of the ransomware attack that affected city services over a year ago, but that they'd be coming in soon, the decision said. 

 "[Pilon] has not provided sufficient documentary evidence that he had taken all reasonable steps to obtain the necessary permits," Tancioco said. 

As for the other units, Pilon admitted the renovations were cosmetic and didn't require a building permit, the decision said. 

"There is insufficient evidence for me to conclude that the repairs/renovations are so extensive that vacant possession is required," Tancioco ruled. 

Pilon did not respond to a request for comment through his legal representative and property manager. 

City bylaw kicks in

Dick said she's "very, very relieved" with the decision as it would be challenging to find a new apartment she could afford on fixed disability support payments. She currently pays $850 a month. 

Her landlord could reapply to evict tenants at any time, Dick said. But she is hopeful an additional layer of protection added by the City of Hamilton will help protect tenants if it's done in bad faith. 

"The renoviction bylaw removes some of the financial incentive for him to do that in the first place," said Dick. "We're hoping he finds it to be too much trouble and moves on." 

As of Jan. 1, a new bylaw requires landlords to apply to the city for a licence that costs $750 within one week of giving tenants N13 notices. 

The landlord is required to provide documentation, such as a building permit and engineering report, that specifies units must be vacant for the work to be done and reviewed by city staff. 

If licensed, the landlord is required to relocate tenants who plan to move back in after renovations. The landlord must provide them with similar units in terms of size and rental rate and, ideally, in the same building. 

If a unit of a similar size, location and cost can't be found, the landlord must provide tenants with "rent gap payments" — the cost difference between their current rent and average market rent — for as many months as they're displaced. 

If the landlord doesn't comply, the city can issue fines ranging from $400 to up to $10,000 per unit for an individual landlord and up to $50,000 per unit for a corporation depending on the severity or if there are repeat offences. 

In preparation for the LTB hearing, the Emerald Street tenants formed a union and received support from advocacy group ACORN and the Hamilton Community Legal Clinic (HCLC). 

"This is the culmination of seven months of hard, stressful work," Dick said. "Without ACORN and HCLC's help, we would've been lost. There's no way we could've pulled this off on our own."