Hamilton tenants without running water for 8 weeks remain stuck in 'horrendous' situation, says councillor

For 57 days David Galvin has had no running water in his Hamilton apartment. 

He said he hasn't been able to shower there or properly clean his home since the water was shut off Dec. 28. 

"I'm emotionally and physically debilitated from the stress," Galvin told CBC Hamilton. "I can't sleep. My guts are all out of order."

He's lost hope the water will be turned back on anytime soon — for him or the other tenants who have lived there for years, he said.

But there's nowhere else for them to go, said Galvin. He pays just under $900 a month for his two-bedroom apartment and makes minimum wage as a security guard at a city wastewater treatment plant — a job the 70-year-old doesn't know if he'll be able to do for much longer.

"All the people in the building are sick, elderly and or disabled," Galvin said. "Almost everybody is on a fixed income. None of us can afford to pay market rent." 

So, they have no choice but to stick it out, he said.

The landlord of 1083 Main St. E, a building in front of Gage Park, shut off the water supply when pipes burst after being exposed to cold air during renovations, according to the city. 

Situation is unprecedented, councillor says

A bylaw enforcement officer issued an order to the landlord a week later to repair or replace the broken plumbing system by Jan. 24, the order states.

However, the landlord appealed the order. And on Tuesday, the city's property standards committee, composed of five members of the public, agreed to wait weeks to enforce it — a decision that left tenants and councillors shocked. 

"The city has proven impotent at the moment," Galvin said after the vote. "Landlords can run roughshod over tenants and deny them the most basic and fundamental rights of their tenancy."

The building was bought by the corporation "1083 Main St Inc." for $10 million in June 2021, according to property records. Angela Smith, the paralegal who is representing the landlord, said she was waiting for direction from her client on whether to comment. She did not answer CBC Hamilton's questions including when the pipes would be fixed. 

For an apartment building to be cut off from running water for nearly two months is "unprecedented" in Hamilton and "horrendous," Coun. Nrinder Nann told council Wednesday. Nann represents Ward 3, where the building is located.

She confirmed with staff that pipes burst in several apartment buildings across the city — owned by other people and corporations — the last week of December and that all had been fixed except for those at 1083 Main St E.

"It is absolutely unacceptable for these residents to go this long without access to water," Nann said. "The residents are significantly compromised in terms of their quality of life and access to something that should be freely available, and readily available." 

Coun. Brad Clark (Ward 9) said he was "dumbfounded" and "incredibly disappointed" at how staff have handled the situation. 

"How can the City of Hamilton sit back and allow a landlord to deny an entire apartment building water for this length of time?" he said. 

No deadline set for landlord to make repairs

At the property standards hearing Tuesday, Smith, on behalf of the landlord, agreed to replace the pipes, city spokesperson Lauren Vastano told CBC Hamilton.

But Smith and city staff together requested the committee hold off on setting a deadline or enforcing the order until after an upcoming Landlord and Tenant Board (LTB) hearing, which "seemed reasonable," said committee member James Summers in an interview.

The landlord had previously filed an N13 to evict tenants for renovations, which will be heard March 8 and it then takes on average 60 days for a decision, Tribunals Ontario said. 

The landlord can't provide a timeline for when the plumbing will be fixed until he knows if the tenants will still be living there, said Summers, who is a local real estate broker. Seven of 60 units are currently occupied and a work report given to the committee said they'd all need to be vacant for the pipes to be replaced.

"I'm not in a position to challenge [the] report on how the work has to be done," Summers said. 

The committee is tasked with considering what work needs to be done in the building and not the hardships of the tenants, added Summers.

The property standards committee will reconvene within 45 days to set a timeline for the repairs, municipal law director Monica Ciriello told councillors Wednesday. In the meantime, city staff will inform tenants about the process, make sure the landlord is aware of what accommodations the tenants are looking for and ensure they're getting potable water.

Up until Tuesday, the city had been providing water to the tenants several times a week, dropping off 512 jugs costing around $12,000, said Vastano, the city spokesperson. The landlord has now agreed to take over that responsibility. 

Galvin said if he rations the water, it's enough for drinking, cooking and occasionally flushing the toilet. 

When he has to shower, he said he drives 15 minutes across town to a motel room paid for by the landlord. 

But it's a luxury Galvin said he doesn't take for granted. None of his neighbours can easily make the trek themselves as they don't have cars and most have turned down the offer, resorting to sponge baths or cold, makeshift showers.

"This is a public health emergency just waiting to happen," said Galvin.

There's also a fear among tenants that if they leave their units for a motel, the locks will be changed and they won't be able to return, he said. 

Next hearing will be within 45 days: staff

On Wednesday, Coun. Cameron Kroetsch (Ward 2) pointed out that the city has the power to hire a contractor to do the repairs and then tack on the expense to the property tax. 

Jason Thorne, general manager of planning and economic development, said the city can only do that after the order expires. That hasn't happened yet because the landlord has agreed to do the repairs even if no timeline has been set.

The next hearing might not happen for another six weeks, bringing the whole ordeal to 14 weeks, said a visibly frustrated Kroetsch. "And then we'll have another polite conversation with the landlord and say to them, 'Gosh, would you put this into compliance? The people would like some water.'

"There's no reason why we should be delaying this." 

Councillors have requested city staff report back on how bylaws including public health, vital services and property standards can be strengthened to protect tenants in the future. 

Mayor Andrea Horwath said this situation is the result of the provincial government not improving tenant and landlord rights for years. 

"We are going to rely on staff to bring a fulsome of a package as possible to basically fill the holes the provincial government has left for municipalities," Horwath told council, "while tenants are struggling to stay housed in a housing market that is pretty devastating."