Residential Tenancies Act: Briefing Book - Michael Walker

Residential Tenancies Act: Briefing Book

Residential Tenancies Act, 2007 

B R I E F I N G B O O K 

Table of Content 

Frequently Asked Questions 

� General 3 

� For Tenants 5 

� For Landlords 9 

Overview of the Residential Tenancies Act (RTA) 

� Introduction 12 

� Evictions 15 

� Rent Increases 19 

� Building Maintenance & Repairs 23 

� Landlord & Tenant Board 26 

� Rent Reductions due to Municipal Tax Decreases 27 

� History of Legislative Reform & Council Responses 29 

Key Differences, RTA and the previous Tenant Protection Act 

� Background 31 

� Rules that have changed 31 

� Rules that have not changed 35 

� Special Rules for Transition 36 

Update: The Tenant Defence Fund 

� Introduction 38 

� Background 38 

� Tenant Support Grants Program 39 

� Outreach Program 40 

� Key Results of the Grants Program 40 

� Program Review 41 

Education Initiatives on the RTA 

� Educational Initiatives on the RTA 43 

� Tenant Survival Manual 43 

� Tenant Hotline 43 

Facts on Social Housing 

� What is Social Housing 45 

� City’s role in Social Housing 46 

� Units Built 47 

� How to apply for a rent-geared-to-income unit 47 

Key Contact Sheet 

� Key Contacts 49 

� Helpful Websites 50

FAQ’s




GENERAL – RESIDENTIAL TENANCIES ACT 

Q: What is the Residential Tenancies Act (RTA)? 

A: The RTA is provincial legislation that regulates rents in residential rental 

buildings as well as aspects of the landlord/tenant relationship. It replaces the 

Tenant Protection Act (TPA). 

The RTA: 

� provides protection for residential tenants from unlawful rent increases 

and unlawful evictions; 

� establishes a framework for rent regulation; 

� balances the rights and responsibilities of residential landlords and tenants; 

and 

� provides for adjudication and other informal processes to resolve disputes. 

Q: What are the key differences between the RTA and the TPA? 

A: The RTA is mostly based on the TPA. However, some changes have been 

introduced to the most controversial provisions of the old law, such as the default 

eviction process and applications for above-guideline rent increases. Key changes 

are discussed in the “Key Differences” section of this briefing book (page 31). 

For more information about the differences between the RTA and TPA, please 

contact the Ministry of Municipal Affairs and Housing at 416-585-6511 for a 

copy of the Residential Tenancies Act brochure or visit the Ministry’s website at 

www.mah.gov.on.ca/userfiles/HTML/nts_1_28468_1.html. The brochure is 

available in English, French, and ten other languages. 

Q: Under the RTA, the Ontario Rental Housing Tribunal has been replaced by 

the Landlord and Tenant Board. What are the key differences? 

A: Effective January 31, 2007, the Ontario Rental Housing Tribunal became the 

Landlord and Tenant Board. The new Board continues to provide information 

about the legislation and to resolve disputes between most residential landlords 

and tenants. 

The intent of the new legislation was to make the operations of the new Board 

fairer and more accessible than the previous system. 

For example: 

� Now when a tenant is subject to an eviction application, the tenant will 

have a hearing without having to file a written dispute. 

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� The Board will send an information notice about the eviction hearing 

process to the tenant; this is in addition to the Notice of Hearing the 

landlord is required to give the tenant. 

� Some application fees are reduced, such as fees for above-guideline 

increase applications and photocopying services. 

For more information, please contact the Landlord and Tenant Board at 

416-645-8080 or visit the Board’s website at www.ltb.gov.on.ca. 

Q: Who is covered by the RTA? 

A: The RTA covers most residential rental units in Ontario, including apartment 

buildings, rented houses and townhouses, rented condominiums, mobile homes, 

care homes and rooming and boarding houses. 

However, there are some situations where a rental unit may not be covered by the 

Act or certain parts of the Act. For example, the Act does not apply if: 

� the rental building is a non-profit housing co-operative; or 

� the tenant must share a kitchen or bathroom with the owner, or the 

owner’s immediate family members. 

Many of the rules about rents do not apply to: 

� new rental buildings; 

� non-profit and public housing; 

� university and college residences 

However, these units are still covered by most of the other rules in the Act, such 

as maintenance and eviction rules. 

If you are unsure if a rental unit is covered under the RTA, contact the Landlord 

and Tenant Board at 416-645-8080 or visit the Board’s website at 

www.ltb.gov.on.ca. 

Q: How can I learn more about the RTA? 

A: A good first step to learn more about the RTA is to contact the Landlord and 

Tenant Board at 416-645-8080 for a copy of “A Guide to the Residential 

Tenancies Act” or visit the Board’s website at www.ltb.gov.on.ca. 

In addition, the City of Toronto funds the following services to help Tenants learn 

more about their rights and responsibilities: 

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� The Federation of Metro Tenants’ Association (FMTA) will be offering 

education workshops to tenant groups about tenant rights and obligations 

under the RTA throughout 2007. For more information, please contact the 

FMTA Outreach Coordinator at 416-413-9442. 

� The FMTA runs a Tenant Hotline with trained staff who can explain 

tenants’ rights and obligations, while providing advice on matters ranging 

from rent increases to maintenance to eviction. Counselling Services are 

available in 150 languages through the AT&T telephone interpreting 

service. The Tenant Hotline can be reached at 416-921-9494. 

� The FMTA produces the “Guide to Tenants’ Rights” booklet available at 

www.torontotenants.org/guide.htm. The booklet is currently available in 

English but plans are underway to translate it into 12 different languages. 

The FMTA also updates the Tenant Survival Manual regularly. The 2007 

Manual is being updated to reflect the changes in the RTA and will be 

available later this year. 

Landlords can contact the Landlord and Tenant Board at 416-645-8080 or visit 

the Board’s website at www.ltb.gov.on.ca, or the Landlord’s Self-Help Centre 

website at www.landlordselfhelp.com. 

FOR TENANTS: 

Q: I am about to move to a new rental apartment. Do I need to sign a lease? If 

yes, what should I expect to have included? 

A: The RTA does not require all landlords and tenants to have a written tenancy 

agreement or lease. A tenancy agreement can be oral or written. However, it is 

generally better to have it in writing because if there is a dispute later, a written 

record of the agreement may help to settle the dispute. 

A written lease agreement must set out the legal name and address of the landlord 

so that you know where to send any notices or documents that are required under 

the Act. 

It may also contain information about: 

� the date you will move into the rental unit; 

� the rent amount; 

� the date rent is to be paid; 

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� what services are included in the rent (such as electricity or parking) and 

any separate charges; and 

� the rules that the landlord requires all tenants to follow. 

The tenancy agreement should not contain any rules or conditions that are not 

allowed by the RTA. If there are any such rules or conditions in the agreement, 

they will not be enforced by the Board if there is a dispute between the landlord 

and tenant. 

You may be able to get help or information about signing a tenancy agreement 

from the Tenant Hotline at 416-921-9494. 

Q: I have never rented before and plan to begin renting soon. Is there any 

information available about rights and responsibilities of a tenant? 

A: Landlords are required to give new tenants an information sheet developed by the 

Landlord and Tenant Board that explains some of the rights and obligations of 

being a tenant. This can be found at: 

www.ltb.gov.on.ca/en/Key_Information/STEL02_111600.html 

In addition, there are a number of excellent resources either already available or 

currently under development: 

� The Landlord and Tenant Board has produced a general guide to the 

Residential Tenancies Act available at: 

www.ltb.gov.on.ca/en/Key_Information/STEL02_111677.html 

� The Tenant Survival Manual is currently being revised. This manual is 

prepared by the Federation of Metro Tenants’ Associations with funding 

from the City and help from the staff of community legal clinics. Check 

for its availability at: www.torontotenants.org/literature&links.htm 

� Community Legal Education Ontario has prepared a plain language guide 

called What Tenants Need To Know About The Law, available at: 

www.cleo.on.ca/english/pub/onpub/PDF/landlordTenant/tenantsaccess.pdf 

Q: I think that I am being unfairly evicted? What can I do? 

A: Tenants have security of tenure and can only be evicted for reasons permitted by 

the RTA. 

Sometimes the eviction may result from the conduct or actions of a tenant or their 

guest, such as not paying rent in full or causing damage to the rental property. In 

other cases, you could be evicted because the landlord wants the rental unit for 

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their own use or major repair or renovations are planned and the premises need to 

be vacated. 

For the full list of reasons for eviction, please contact the Landlord and Tenant 

Board at 416-645-8080 or visit the Board’s website at www.ltb.gov.on.ca. 

If you think you are being evicted without a justifiable reason, it is best to call the 

Tenant Hotline at 416-921-9494. The hotline counsellor will talk to you about 

your specific situation and give you advice, or refer you to other community 

services for help. 

Q: My landlord is not taking care of the building? Can he be reported? 

A: A landlord has to keep the rental property in a good state of repair. A landlord 

must obey all health, safety, housing and maintenance standards, as set out in any 

provincial laws or municipal bylaws. 

If you are concerned about the state of repair, safety or heating of your apartment 

or building and have approached your landlord, who has not addressed the 

problem, please contact your local Municipal Licensing and Standards office: 

� East Office (Scarborough Civic Centre) 416-396-7071 

� North Office (North York Civic Centre) 416-395-7011 

� Toronto & East York (2238 Dundas Street W, 3 rd Floor) 416-392-0855 

� West Office (Etobicoke Civic Centre) 416-394-2535 

You can apply to the Landlord and Tenant Board to order the landlord to fix the 

rental building if your landlord is not meeting their maintenance obligations. 

If the Board agrees that maintenance obligations are not being met, there are a 

number of remedies the Board can order, including prohibiting rent increases until 

the landlord has fixed the building in compliance with the prescribed standards. 

Q: My landlord has raised my rent? Is this allowed? 

A: Under the RTA, your landlord can increase the rent if at least 12 months have 

passed since you first moved in or since your last rent increase. The increase must 

be no more than the annual rent increase guideline, which is determined by the 

Government of Ontario. For 2007, the rent increase guideline is 2.6%. 

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Your landlord must give you at least 90 days notice in writing before the effective 

date of any rent increase. The proper forms are available from the Board offices 

or the Board website. 

There are certain circumstances in which the landlord can increase rents more 

than the guideline, but they must first apply to the Landlord and Tenant Board. 

If you want to know more about the rules for rent increases, or if you are unsure 

whether your rent increase is legal, contact the tenant hotline at 416-921-9494 or 

the Landlord and Tenant Board at 416-645-8080. 

Q: I have an application filed under the previous Tenant Protection Act (i.e. 

filed prior to January 31, 2007). What is the status of that application now? 

How will it be resolved? 

A: All applications that were filed with the Tribunal prior to January 31, 2007, have 

become the responsibility of the Board. This means that you will not have to refile 

any documents you have already filed with the Tribunal. 

If a hearing date has been scheduled by the Tribunal, it will take place as 

scheduled. If a hearing date was not scheduled by the Tribunal, the Board will 

schedule one. 

There are special rules for dealing with some applications filed under the TPA, 

but not resolved prior to the effective date of the RTA January 31, 2007. For 

more details on these rules, please contact the Landlord and Tenant Board at 

416-645-8080. 

Q: What services and programs does the City provide in support of Toronto’s 

rental housing tenants? 

A: The City funds and supports a number of initiatives, including: 

� Housing Help Centres – help tenants to find affordable housing, keep the 

housing you have and answer questions about rental housing. 

http://www.toronto.ca/housing/housing-help-services.htm 

� Rent Bank - provides modest interest-free loans to eligible tenants who 

are in rent arrears and facing eviction. More information is available at: 

www.toronto.ca/housing/rentbank.htm or by calling: 416-924-2543. 

� Tenant Hotline: responds to tenants’ enquiries about rights and 

obligations of tenants and landlords, while providing advice on matters 

ranging from rent increases to maintenance to eviction. Counselling 

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services are available in 150 languages through the AT&T telephone 

interpreting service. The Tenant Hotline is run by the Federation of Metro 

Tenants’ Associations (the FMTA). It can be reached at 416-921-9494. 

More information is also available at: www.torontotenants.org/hotline.htm 

� The Tenant Defence Fund - provides Tenant Support Grants and outreach 

and organizing assistance to groups of tenants fighting high rent increases 

or the loss of their rental housing. The program is funded and administered 

by the City of Toronto. The FMTA Outreach Team provides assistance for 

tenant organizing and grant applications. The Outreach Team can be 

reached at 416-413-9442. More information is also available at: 

www.torontotenants.org/outreach&organizing.htm 

FOR LANDLORDS: 

Q: As a landlord, what are the key components of this new legislation that I 

should be most familiar with? 

A: The RTA has made some changes in the areas of rent increases and eviction 

applications to the TPA that landlords should be aware of. For example: 

� The rent increase guideline is now based on the Ontario Consumer Price 

Index (CPI) rather than the building operating costs. 

� If you have got an above-guideline rent increase (AGI) for a capital 

expenditure, you must reduce the rent after the expenditure has been paid 

off; a similar rule applies to AGI based on utility cost increases. 

� Tenants are no longer required to file a written dispute to get a hearing on 

eviction applications, instead, all eviction applications will automatically 

move to a hearing. 

� The RTA permits a shorter eviction process under certain circumstances. 

For more detailed information, please contact the Landlord and Tenant Board at 

416-645-8080 or www.ltb.gov.on.ca, or the Landlord’s Self-Help Centre at 

www.landlordselfhelp.com. 

Q: I currently have a disorderly and disruptive tenant. What steps do I need to 

take to evict? 

A: Tenants have security of tenure and you may only evict a tenant for reasons 

permitted by the RTA. Reasons for an eviction could include: 

� not paying rent in full or persistently paying rent late 

� causing damage to the rental property 

� illegal activity 

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� substantially interfering the enjoyment of other tenants or the landlord 

If one of the conditions is met, the first step is to give the tenant notice in writing 

that you want the tenant to leave. The RTA sets out the proper notice period and 

remedy for tenants subject to any of the above eviction reasons. Generally, for 

substantial interference of enjoyment, the termination date is 20 days from the 

date you give the notice. 

If the tenant corrects his/her behaviour within seven days of receiving the notice, 

the notice will be void and the tenant will not have to move out. 

You must indicate the termination date in the notice. The proper forms are 

available from the Board offices or the Board website. 

If the tenant does not stop his/her behaviour within seven days, you can ask the 

Board to end the tenancy by filing an application on the eighth day of the notice 

period. 

If you live in the same property and your property has 3 units or less, the notice 

period is shortened to 10 days and you can immediately apply to the Board after 

serving the notice. 

The Board will decide if the tenancy should end after holding a hearing. Both the 

landlord and the tenant can come to the hearing and explain their side to a 

Member of the Board. 

For more detailed information on the process for ending a tenancy, please contact 

the Landlord and Tenant Board at 416-645-8080 or the Landlord’s Self-Help 

Centre at www.landlordselfhelp.com. 

For the most comprehensive information, please see the City of Toronto website at 

www.toronto.ca/housing - Tenant and Landlord Resources. 

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General Overview: 

RTA



Overview of the Residential Tenancies Act 

INTRODUCTION 

This Overview provides important information about the new Residential Tenancies Act 

(RTA) that took effect January 31, 2007. It highlights the key areas covered in the RTA 

that are of interest to Councillors and Councillors’ staff. It does not cover every section of 

the legislation. 

The new Landlord and Tenant Board web site provides a good range of information about 

the new Act including helpful brochures, frequently asked questions, forms and 

instructions, rules of practice for Board members, and links to the Act and regulations: 

www.ltb.gov.on.ca/. 

Additional information about the legislation, including backgrounders and media releases, 

can be found at the Ministry of Municipal Affairs and Housing Residential Tenancies Act 

web site: www.mah.gov.on.ca/userfiles/HTML/nts_1_26923_1.html. 

Purpose and Scope of the RTA 

The RTA is provincial legislation that regulates rents in residential rental buildings as 

well as certain aspects of the tenancy relationship between landlords and tenants. It came 

into effect on January 31, 2007 and replaced the Tenant Protection Act (TPA). 

Applications filed under the TPA and not resolved by January 31, 2007, will be addressed 

through special transition rules. For more information about transition rules, see 

www.ltb.gov.on.ca/en/Key_Information/STEL02_111533.html. 

The provincial government stated that the purposes of the RTA are to: 

� provide protection for residential tenants from unlawful rent increases and 

unlawful evictions; 

� establish a framework for rent regulation; 

� balance the rights and responsibilities of residential landlords and tenants; and 

� provide for adjudication and other informal processes to resolve disputes. 

What rental buildings are covered? 

Most residential rental buildings where tenants pay rent to a landlord for the right to 

occupy the rental unit are covered by the RTA. These include apartment buildings, rented 

townhouses, duplexes and detached homes, rented condominiums, rooming houses, most 

care homes, and for-profit cooperative housing. 

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There are a number of important exemptions. Generally, if the building, operations, or 

rent is regulated by some other piece of legislation, the unit or rent or rental agreement 

will be exempt or partially exempt from the RTA. For example: 

� Non-profit housing co-operatives are exempt from the RTA as these are governed 

by provisions of the Co-operative Corporations Act, 1992. However, tenants who 

are not members of the co-operative may be covered by some of the rules. 

� Social housing and new affordable housing are exempt from certain rent rules (i.e. 

annual rent increases and above-guideline increases) and certain rules governing 

the landlord and tenant relationship (i.e. sublet/assignment). If the tenant is paying 

a rent geared to income, the 90-day rule for giving a notice of rent increase before 

the date of the intended rent increase does not apply and there can be less that 12 

months between rent increases. 

Other examples of exemptions include: 

� New rental buildings built since November 1, 1991 and new rental units since 

June 17, 1998 are exempt from rent control and rules about annual guideline 

increases and above-guideline increases; however, they are still subject to rules 

for rent increase notice and frequency, evictions and other aspects of the RTA. 

� New affordable housing is now exempt from the same rules as social housing. 

Ontario Regulation 516/06 sets out the criteria a project must meet to be eligible 

for this exemption. The exemption applies to projects funded by certain 

government programs and projects developed under a municipal housing facilities 

by-law or other Council-approved program. There must be an agreement between 

the landlord and the municipality (or an agency or corporation thereof): the 

tenancy agreement must identify the unit as a subsidized unit, the government 

program that funded it, and that there is an agreement with the municipality; and 

the tenant must have been on the social housing waiting list or eligible to be on 

the list when their tenancy began. 

� A rental arrangement provided to an employee as a condition of employment is 

exempt. 

� Rental accommodation where the tenant shares a kitchen or a bathroom with the 

landlord. 

For more information about exemptions, refer to sections 5 to 9 of the RTA at 

www.e-laws.gov.on.ca/DBLaws/Statutes/English/06r17_e.htm. 

These following pages (15-28) provide an overview of the key areas in the RTA that are 

of most interest and concern to the tenants, landlords, and the work of the City. It 

13




highlights certain points of the legislation and is not intended to provide a comprehensive 

review or legal advice on any issue. For general information about the rights and 

responsibilities of tenants and landlords under the RTA, see the brochure of the Landlord 

and Tenant Board entitled “Information for New Tenants”: 

http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111600.html 

14

EVICTIONS 




Background 

Tenants have security of tenure. This means that they can continue to rent their homes for 

as long as they choose, except for very specific reasons. A tenant with a one year lease 

who pays the rent each month, for example, can remain in their unit after the lease has 

ended on a month to month basis, even if they do not sign another lease. Tenants must 

give proper advance notice to move out, generally 60 days from the end of the term or the 

last day of the lease. 

Most disputes between landlords and tenants concern termination of tenancies before the 

end of the lease or term, also known as evictions. A landlord may evict a tenant only for 

reasons permitted by the RTA. Sometimes the eviction may result from the conduct or 

actions of a tenant or their guests. This is called termination for cause. In other cases, 

tenants may be evicted because of other circumstances relating to ownership or 

disposition of the property. This is called a no fault termination. 

Causes of Eviction 

There are different causes that may lead a tenant to being evicted, including: 

� failure to pay rent; 

� consistent late payment of rent; 

� the tenant or another occupant has caused or permitted illegal activities in the 

rental unit or property; 

� the tenant, another occupant, or their guest has caused damage to the rental unit or 

property; 

� the tenant, another occupant or their guest has done something that impaired the 

safety of others; 

� the tenant, another occupant or their guest has disturbed the reasonable enjoyment 

of other tenants or the landlord; 

� allowing too many people to live in the rental unit that is inconsistent with health, 

safety or housing standards; and 

� misrepresentation of income when living in subsidized housing. 

No fault reasons include: 

� The landlord wants the unit for their own residence or for their spouse or 

� partner, or a child or parent of one of them, or a caregiver for the landlord or a 

family member; 

� The landlord of a property with no more than three units has agreed to sell the 

property to someone who wants all or part of the property for their own residence, 

15




or that of their spouse or partner, or a child or parent of one of them, or a 

caregiver for the landlord or a family member; 

� The landlord plans major repairs or renovations that require a building permit and 

vacant possession of the building; and 

� The landlord plans to demolish the rental property. 

In the case of major repairs or renovations, the tenant has the right to reoccupy the unit 

when the repair or renovation is complete, and the landlord must pay the tenant the lesser 

of three months’ rent or the amount of rent the tenant would have paid during the period 

of renovations/repairs. The City has planning policies that relate to the conversion of 

rental housing in certain situations. 

In the case of demolition, the landlord must compensate the tenant with three months’ 

rent or offer alternative accommodation acceptable to the tenant. The City has planning 

policies that relate to demolition of rental housing in certain situations. These policies 

provide for the replacement of rental housing being demolished as part of a 

redevelopment proposal. They also promote tenant relocation and assistance beyond the 

standard requirements of the RTA. The current, consolidated planning policies on 

housing, including those which deal with rental demolition and conversion, were 

approved by the Ontario Municipal Board in October 2006. 

The full Official Plan as adopted by Council in November 2002, with some modifications, 

can be found at: www.toronto.ca/planning/official_plan/pdf_chapter1-5/chapter1- 

5_searchable_locked.pdf. 

In addition to the Official Plan policies, the City of Toronto Act, proclaimed January 1, 

2007, permits Council to regulate the conversion and demolition of rental housing 

(section 111). City planning is currently developing this program. 

Further planning research on affordable and rental housing is provided at: 

www.toronto.ca/planning/housing.htm 

Contact for City Planning: 

Noreen Dunphy, Senior Planner, at 416-392-1255 

David Spence, Senior Planner, at 416-392-8124 

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The eviction process 

The eviction process involves different steps, forms and deadlines depending on the 

reason for the eviction. Tenants may move out or make remedy to avert eviction (except 

in situations such as illegal acts and impaired safety) at any stage. For those reasons for 

termination that do not have a remedy – most are the "no fault" reasons – the application 

will go to a hearing where the tenant can dispute the reasons for eviction. 

Generally the process involves a number of steps in the following sequence: 

� Notice of Termination – The landlord must give the tenant a notice in writing 

when they want a tenant to move out, regardless of the reason. This is called 

notice of termination. The notice must specify the termination date. 

� Application to the Landlord and Tenant Board (the Board) – If the tenant does not 

remedy the situation (e.g. pay rent before the termination date), the landlord may 

apply to the Landlord and Tenant Board to evict the tenant and/or collect the rent 

owed. Once the application is received, the Board schedules a hearing and gives 

the landlord a Notice of Hearing. The landlord is required to give the tenant a 

copy of the application and the Notice of Hearing. 

o Every tenant who faces an eviction application will automatically have 

access to a hearing or mediation. This is a change from the TPA which 

required the tenant to file a written dispute in order to have a hearing. 

� Hearing before the Board – At the hearing, the adjudicator hears evidence and 

arguments on both sides and decides whether or not to make an order on the 

application. For example, if the application is about eviction due to non-payment 

of rent, the adjudicator may decide whether to order the tenant to pay the rents 

owed or to evict the tenant. 

o Sometimes, the tenant and the landlord can reach an agreement on a 

payment plan and file a copy of the written agreement with the Board. In 

this case, the Board will issue a consent order based on the agreed 

payment plan and a hearing will not be required. 

o In a hearing about arrears or eviction due to non-payment of rent, the 

tenant can raise other issues such as maintenance or harassment as long as 

they can provide supporting evidence, and the adjudicator may order 

remedies on the tenant’s claim. 

� Order to terminate tenancy – After the hearing, the adjudicator makes a decision 

and issues an order that will be sent to both parties by mail. The order indicates 

the reason for the order and the effective date after which the landlord can enforce 

the order. 

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� Enforcement by the Sheriff – If the tenant does not move out before the effective 

date, the landlord can file a request with the Sheriff to enforce the order. However, 

the tenant can “void” (cancel) the order by paying all arrears anytime before the 

Sheriff comes. The RTA allows this remedy to be used only once for every 

tenancy. Only the Sheriff can force the tenant to move, not the landlord. The 

tenant has 72 hours to remove their belongings after an eviction. 

Fast-track evictions (RTA, sections 63 – 65) 

The RTA permits a faster eviction process in certain situations: 

� the tenant is purposely causing wilful or excessive damages to a rental unit or 

building; or 

� the tenant is using the rental unit in a manner that is inconsistent with its use as 

residential premises and where that use has caused or is expected to cause 

excessive damage to the rental property; or 

� the tenant is substantially interfering with the landlord’s reasonable enjoyment 

(e.g. playing loud music all night), when the property has three units or less and 

the landlord lives in the property. 

The process is faster because: 

� the notice period will be shortened from 20 days to 10 days; 

� the landlord can apply to the Board immediately after serving the notice to the 

tenant without having to wait until the notice period is over; 

� the tenant cannot void the eviction by repairing the damages or by stopping the 

conduct or activity; and 

� the Board will order the Sheriff to speed up the enforcement of the eviction. 

For more information about evictions, refer to sections 48-68 of the RTA. 

18

RENT INCREASES 




Annual Rent Increase Guideline (RTA, section 120) 

The Ontario government sets a rent increase guideline every year that applies to most 

residential accommodation covered by the RTA, with the exception of new rental 

housing, new affordable housing and social housing. The rent increase guideline is the 

maximum percentage that landlords can raise rents without getting permission from the 

Landlord and Tenant Board. This is known as rent control. 

The guideline increase can only be applied when at least 12 months has passed since the 

tenant’s last rent increase. The landlord must give at least 90 days written notice to the 

tenant prior to the effective date of the rent increase. 

The annual rent increase guideline is based on the Ontario Consumer Price Index (CPI) 

and announced in each August. The guideline for 2007 is 2.6 per cent. 

Under specific circumstances, the landlord can apply to the Board for a rent increase 

more than the guideline. This will be discussed in more detail below. 

The landlord can increase by up to 3 per cent more than guideline without an application 

if the landlord and tenant agree that the landlord will do major repairs or renovations, buy 

new equipment for the rental unit, or add a new service for the tenants. The agreement 

must be in writing. 

The landlord and tenant can agree to increase the rent for the provision of parking as a 

separate charge. This can happen at any time during the year and no notice of rent 

increase is required. 

Vacancy Decontrol (RTA section 113) 

Under the RTA, rent control does not apply to vacant units. This is known as vacancy 

decontrol. What this means is that when a tenant moves out and the unit becomes vacant, 

there is no limit to the amount of rent that can be charged to the new tenant. However, 

rent controls do apply to future increases charged to that new tenant after the new tenant 

has moved in. 

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Interest on Last Month’s Rent (RTA section 106) 

Landlords can ask tenants for a deposit before they move in. The deposit cannot be more 

than one month’s rent (one week’s rent if the rent is paid weekly) and can only be used 

for the last month or week of the tenancy. It cannot be used to pay for repairs or for any 

other reason. If the rent increases, the landlord can ask the tenant to pay the increase to 

“top up” the rent deposit. Under the RTA, landlords are required to pay the tenant interest 

on the rent deposit every year. The interest rate used is the same rate as the annual rent 

increase guideline (previously it was 6 per cent). They can use the interest to top up the 

tenant’s last month’s rent deposit, so that the deposit will be kept up-to-date with the 

current monthly rent. 

Above-guideline Rent Increases (AGI) (RTA sections 126 – 129) 

Landlords can apply to the Board to increase the rent of a rental unit by more than the 

annual guideline if their costs have increased due to one or more of the following 

circumstances: 

� capital expenditures, e.g. roof replacement; 

� extraordinary increase in municipal taxes or utility costs in the building; and/or 

� operating costs related to security services for the building. 

The landlord must give each tenant affected by the AGI application a copy of the 

application. A copy of the supporting documents (e.g. Bills) must be made available to 

tenants through mutual arrangements, or on a compact disc for a small fee (no more than 

$5). For buildings with property management offices, the landlord must make the 

supporting documents available for viewing by tenants on site. 

AGI based on capital expenditures: 

A rent increase is permitted for capital expenditure work that is necessary as 

defined in the RTA – work needed to protect/restore the physical integrity of the 

building, comply with landlord’s maintenance obligations, maintain the building 

operating systems (i.e. plumbing, heating, mechanical, electrical, etc.), provide 

accessibility, promote energy or water conservation, or maintain/improve building 

security. Routine maintenance and work that is solely intended to increase the 

prestige of luxury of a rental complex or unit is not eligible for a rent increase. 

Other key points include: 

� The rent increase allowed for the capital expenditure is determined by 

amortizing the permitted total cost of the item over a number of years and 

at an interest rate set by the RTA. 

20




� Above-guideline increases for capital expenditures are capped at 3 per 

cent per year for a maximum of 3 years. 

� When a landlord finishes paying for capital expenditures (e.g. a new roof), 

sitting tenants whose rents were increased based on these capital 

expenditures will have their rents reduced by the same percentage as they 

were increased (known as “cost-no-longer borne”). 

AGI based on extraordinary increases in utility costs: 

The key provisions related to this type of AGI application include: 

� A landlord can only apply for an AGI based on an extraordinary increase 

in utility costs when the increase is greater than the annual rent guideline 

plus 50 per cent of the guideline. For example, if the guideline is 2 per 

cent, a landlord will only be able to apply for an AGI if the utility cost 

increase is higher than 3 per cent. 

� In the situation where a tenant’s rent is increased because of extraordinary 

increases in utility costs, if the utility costs later decrease, the tenant’s rent 

will be reduced accordingly (“cost-no-longer borne”). 

� There may be rent reductions for five years after the initial increase was 

granted if utility costs decrease.. During the five-year period following the 

AGI increase, the landlord must provide written notice of actual utility 

costs on an annual basis to the tenants so that they can verify whether their 

rents should be decreased. Tenants can request a copy of the actual utility 

bills from the landlord on CD for a small fee ($5). 

AGI based on operating costs related to security services 

A landlord can apply for an AGI due to installation of a new security service or 

system in the building. 

The key provisions related to this type of AGI application include: 

� The security services must not be provided by any employee of the 

landlord. For example, the landlord cannot ask an existing building 

superintendent to patrol the hallways of the building and apply for an AGI 

based on a new security service. 

� Above-guideline increases for operating costs related to security services 

are capped at 3 per cent per year for a maximum of 3 years. 

21




Tenant Defence Fund - Help for tenants in challenging AGI applications 

The City’s Tenant Defence Fund provides assistance to tenants who wish to challenge 

AGI applications through two sub-programs: 

� Tenant Support Grants Program (Grants Program): This program provides direct 

grants to tenant groups to hire legal representation for their dispute. Applications 

for the grants are processed by Shelter, Support and Housing Administration 

(SSHA) staff through delegated authority of Council under the Grants Program 

By-Law (Toronto Municipal Code Chapter 797). 

Contact for Grants Program: 

Sheryl Pollock, Agency Review Officer, SSHA Division, 416-392-0053. 

� Outreach and Organizing Program (Outreach Program): This program assists 

tenant groups to organize and prepare for the dispute process, including review of 

the AGI application files and making applications for a tenant support grant. The 

Outreach Program is implemented through a purchase of service agreement with 

the Federation of Metro Tenants’ Associations (FMTA). 

Contact for Outreach Program: 

Dan McIntyre, Outreach Co-ordinator, FMTA, at 416-413-9442. 

More information about the Outreach program is also available on the FMTA 

website at: www.torontotenants.org/outreach&organizing.htm 

22




BUILDING MAINTENANCE AND REPAIRS 

Key RTA Provisions Related to Maintenance 

The RTA has provisions that encourage landlords to maintain their buildings and provide 

remedies for tenants who are living in poorly maintained buildings. These include: 

� Tenants can apply to the Board for an order to stop all rent increases, including 

annual guideline increases and above guideline increases, when the landlord is in 

serious breach of their obligations regarding health and safety and property 

standards. This is called an “Order Prohibiting Rent Increases” (OPRI). The OPRI 

applies to rent increases for the current tenant and any future tenant of the units 

for as long as the order is in effect. 

� If the landlord has filed an AGI application, the tenants can raise maintenance 

issues at the hearing. The Board may dismiss some or all of the AGI application if 

there are serious outstanding work orders or maintenance issues. 

� Where tenants apply for an order determining that the landlord is in breach of 

property standards obligations, the Board can allow the tenants to pay some or all 

the rent to the Board, instead of paying to the landlord, until the serious 

maintenance issues are resolved. 

� Landlords are allowed to inspect a rental unit to determine if the unit has any 

maintenance problem, provided that they give the tenant 24-hour written notice in 

advance. 

� When repair work is being performed on a building, the landlord must give 60 

days notice to the tenants and prospective tenants about the work that is to be 

done, and the notice must include details of work, expected duration and impacts, 

and updates on any significant changes. 

� Tenants can apply for a rent abatement where repair work is performed and the 

landlord does not follow proper procedures. The Board may allow an abatement 

of up to 25 per cent of the rent. The rent abatement level can be raised up to 100 

per cent of the rent if there is excessive interference and the work is not done 

properly. 

The City’s role in property standards maintenance: 

There are almost half a million rental housing units in the City. Most of Toronto’s rental 

housing is more than 30 years old. While a lot of capital investment has gone into 

maintaining rental housing, there is a need for ongoing replacement and repair. Concerns 

have been raised about the aging stock and the need to ensure the quality, health and 

safety of renters. 

23




The City has a property standards by-law (Municipal Code Chapter 629 at 

www.toronto.ca/legdocs/municode/1184_629.pdf), enforced by the Municipal Licensing 

and Standards Division (ML&S), to ensure that all residential properties are maintained 

to a minimum standard. Owners are required to repair, maintain, and keep properties 

clean in accordance with the prescribed standards. Occupants are required to maintain the 

property they occupy in a clean and sanitary condition such as: 

� Maintaining fixtures and appliances 

� Keeping exits clear 

� Limiting the number of occupants 

� Taking immediate action to eliminate unsafe conditions 

The current enforcement system relies upon complaints and depends upon tenants 

working with their landlords to address maintenance issues, and contacting ML&S 

offices when problems persist. ML&S has developed a maintenance request form that 

tenants may use to notify their landlord about a maintenance problem. This form is 

available in 22 languages on the ML&S site at: 

www.toronto.ca/apartmentstandards/home.htm 

Website on properties with outstanding work orders 

The ML&S web site provides information related to by-law enforcement activity within 

the city of Toronto, specific to apartment buildings. The details of property standards 

orders issued against rental apartment building with 4 or more units (excluding social 

housing units and condominiums) within the last two years are posted for public viewing 

at: http://www.toronto.ca/apartmentstandards/home.htm. 

A list of property standards offices and phone numbers is available at: 

www.toronto.ca/licensing/key_contacts.htm. 

Vital Services 

� Vital Services By-Law (Toronto Municipal Code Chapter 835) 

Since 1998, the City has implemented the Vital Services By-Law to ensure 

continuing vital services (gas, fuel, hydro, water, and hot water) for tenants of rental 

buildings where the landlord is responsible for utility payments (i.e. “included in the 

rent”) and has failed to make the payments. The by-law requires utility service 

providers to give the City 30-days notice prior to discontinuing the service. If the 

utility service is discontinued, the City may issue an order through the Property 

Standards By-law, and may pay the utility provider; the cost is recovered by adding it 

to the property taxes for the building. The Vital Services by-law is available at: 

www.toronto.ca/legdocs/municode/1184_835.pdf. 

24




Contact for Vital Services By-law Program: 

Lance Cumberbatch, Director, Investigative Services, ML&S, at 416-392-7633 

� Heating By-law (Toronto Municipal Code Chapter 497) 

The City has a Heating By-Law which is separate from the Vital Services By-Law. It 

requires landlords of rented accommodation to provide heat at a minimum air 

temperature of 21 degrees Celsius in all areas of the rental unit from the 15th day of 

September in each year to the 1st day of June in the following year. It is available at: 

www.toronto.ca/legdocs/municode/1184_497.pdf. 

The RTA includes “heat” as one of the vital services and stipulates that heat must be 

provided at a minimum temperature of 20 degrees Celsius in the period between 

September 1 in a year and June 15 in the following year. This change to the RTA 

provides a standard for all Provincial municipalities where there is no property 

standard by-law and no specific provision relating to vital services. In the case of the 

City, there are existing provisions in the Municipal Code for addressing both vital 

services and adequate heat. Enforcement activity will continue in a way that does not 

place the residents of the City at risk. 

Multi-residential Apartment Regulatory Strategy 

The City of Toronto Act, which was proclaimed on January 1, 2007, gives the City power 

to introduce regulations relating to rental residential buildings. ML&S is currently 

developing a regulatory strategy to ensure multi-residential apartment buildings are 

maintained in accordance with the provisions of the Toronto Municipal Code. 

Recommendations are expected in the first half of 2008. 

Contact for Policy Lead on Multi-residential Apartment Buildings Strategy: 

Fenicia Lewis-Dowlin, Senior Policy and Research Officer, ML&S, at 416-392-8096. 

25




THE LANDLORD AND TENANT BOARD 

Background 

Effective January 31, 2007, the Ontario Rental Housing Tribunal became the Landlord 

and Tenant Board. The new Board continues to provide information about the legislation 

and to resolve disputes between most residential landlords and tenants. 

The intent of the new legislation was to make the operations of the new Board fairer and 

more accessible than the previous system. 

Key points about the Board Administration 

� Applicants are responsible for serving a copy of their applications and supporting 

documents to the respondents (in a landlord application, the respondents are the 

tenants); however, the Board must notify the respondents that an application has been 

made against them. The notice must provide information about the hearing wherever 

possible (i.e. the date and location of the hearing, contact information for the Board, 

and the file number of the application). 

� The Board may permit a tenant who is making a maintenance and repair application 

to pay some or all of their rent to the Board. This payment would not be regarded as a 

default in rent. 

� The Board will make forms and publications more user-friendly, and reduce fees for 

applications for above-guideline increases and other administration fees. For example: 

� photocopying fee: reduced to $0.50 from $1 per page 

� request for review of an order: reduced to $50 from $75 

26




RENT REDUCTIONS DUE TO MUNICIPAL TAX DECREASES 

Automatic Rent Reductions due to municipal tax decreases (RTA sections 131-133) 

� The RTA allows residential tenants to automatically reduce their rents when the rental 

residential building in which they live has experienced a property tax decrease of 

more than 2.49 per cent between the two prior consecutive years. The law requires 

municipalities to provide notices to landlords and tenants if their buildings are subject 

to an automatic rent reduction. The notices must be sent if there are more than six 

rental residential units in a building (i.e. multi-residential rental properties). In 2001, 

Council adopted a policy that the notice must also be sent to buildings with six or 

fewer units (i.e. residential rental properties), to ensure that tenants in smaller rental 

buildings have the same opportunity as tenants in multi-unit buildings to 

automatically reduce their rents. 

� The notices must be sent to landlords by September 15 and to tenants by December 

15 each year. Tenants who are eligible for automatic rent reductions can reduce their 

rent effective December 31 of the year they receive the notice. Generally the 

reduction is applied beginning with the January rent payment. 

Amount of Rent Reduction 

� The amount of the rent reduction for multi-residential class properties (i.e. properties 

with more than 6 units) is equal to 20 per cent of the percentage tax reduction. For 

example, if property taxes were reduced by 10 per cent, the tenant would be permitted 

to reduce their rent by 2 per cent (10 per cent x 20 per cent = 2 per cent). 

� The amount of automatic rent reduction for residential class properties (i.e. properties 

with 6 units or less) is equal to 15 per cent of the tax decrease percentage. 

� The 20 per cent and 15 per cent figures are set by the RTA regulations, and cannot be 

changed by the City. 

The City’s role in notifying landlords and tenants 

� The program notifying landlords and tenants of automatic rent reductions is jointly 

implemented by the Revenue Services Division (RSD) and the Shelter, Support and 

Housing Administration Division (SSHA). RSD manages the property tax database 

and calculates the rent reduction amount, while SSHA develops communication 

materials and resources, and manages the budget for the program. 

� The City funds a tenant hotline operated by the Federation of Metro Tenants’ 

Associations (the FMTA) to respond to tenant inquiries on all matters concerning 

27




rights and responsibilities of tenants and landlords. Tenants can call this hotline to 

obtain information on automatic rent reductions. 

� More information about the RTA rules for automatic rent reductions is available on 

the Shelter, Support and Housing Administration website at: 

www.toronto.ca/housing/rentlower.htm 

Staff Contacts: 

Property Taxes: Raj Mathavan, Supervisor, Planning and Policy Development, RSD, at 

416-395-6738 

Residential Tenancies Act: Gwynne Cheung, Policy Development Officer, SSHA 

Division, at 416-392-0643 

Contact for the Tenant Hotline: 

By phone: 416-921-9494 

Link to FMTA website: www.torontotenants.org 

28




HISTORY OF LEGISLATIVE REFORM & COUNCIL RESOPNSES 

Since the enactment of the Tenant Protection Act (TPA) in 1998, concerns have been 

raised about various aspects of the law, including excessive rent increases, fast-track 

evictions and poor maintenance in rental buildings. When the current Ontario Liberal 

Government took office in October 2003, it promised to repeal the TPA and replace it 

with new legislation to provide real rent control and protection for tenants. In June 2004, 

in response to the Province’s consultation on reform of the TPA, City Council 

recommended changes in 15 key areas concerning the rules that regulate rents and other 

tenancy issues: www.toronto.ca/housing/pdf/report-citys-response-tpa-consultation2004- 

2.pdf. 

The submission also included a Planning report that dealt specifically with the issue of 

conversion and demolition of rental housing: www.toronto.ca/housing/pdf/uds-responseprov-consultation-paper.pdf. 

The report recommended that the provincial government 

bring forward permanent legislation to provide Toronto and other interested 

municipalities with the power to control the conversion and demolition of rental 

properties. This recommendation was not addressed in the RTA. Nevertheless, the new 

City of Toronto Act, proclaimed on January 1, 2007 and the amendments to the Municipal 

Act do provide the City and other municipalities with such power. Section 111 of the City 

of Toronto Act states that: “The City may prohibit and regulate the demolition or 

conversion of rental housing properties with 6 or more dwelling units”. 

In January 2006, City Council submitted more amendments to the TPA based on 

Councillor Walker’s recommendations: www.toronto.ca/housing/pdf/clr-walkercommunication.pdf. 

In addition to the submissions, on March 9 2006, Council hosted a 

special Tenant Forum for tenants and housing advocates resulting in more than 450 

tenants supporting Council’s recommendations to change the TPA and save the existing 

supply of affordable housing. Proceedings of the Tenant Forum and recommendations 

were forwarded to the Province: www.toronto.ca/housing/pdf/forum-proceedings-2006appendix-a.pdf. 

On May 3, 2006, the provincial government introduced Bill 109, the proposed 

Residential Tenancies Act, and held public hearings in Toronto in late May and early 

June. A written submission on behalf of Council was made by Mayor David Miller to the 

Standing Committee on General Government: www.toronto.ca/housing/pdf/writtensubmission_060206.pdf. 

It was reinforced by Councillor Michael Walker, Chair of the 

City’s Tenant Defence Sub-Committee, through his deputation to the Standing 

Committee on June 5. 

29

RTA VS TPA: 

KEY DIFFERENCES



Summary of Key Differences 

Residential Tenancies Act vs. Tenant Protection Act 

Background 

The RTA is mostly based on the TPA; however, it has introduced some changes to the 

most controversial provisions of the old law, such as the default eviction process and 

applications for above-guideline rent increases. The following table summarizes the 

differences or changes in key issues between the new law and the old law. A summary 

brochure on the new changes is available on the Ministry’s website in English, French 

and ten other language at: 

http://www.mah.gov.on.ca/userfiles/HTML/nts_1_28468_1.html 

Rules that have been changed 

Key Issue RTA TPA 

Eviction Applications No default process for evictions – tenants 

not required to dispute and all applications 

go to a hearing or mediation 

Determination of annual 

rent increase guideline 

Tenants required to file a 

dispute within 5 days; 

otherwise, there will be no 

hearing and the tenant will 

be evicted by default order 

For applications due to non-payment of rent, No such provision 

the tenant may bring up any related 

landlord-tenant matters (e.g. poor 

maintenance); the Board may order 

remedies to resolve the matters 

At all eviction hearings, the adjudicator 

cannot grant eviction until s/he reviews 

tenant’s circumstances and considers 

whether to deny or delay eviction 

Annual guideline to be based on monthly 

Ontario CPI averaged over the 12-month 

period ending May 31 of the previous year 

No such provision 

Based on building operating 

costs (8 cost categories) 

averaged over 3 years 

31

AGI – capital 

expenditures 






AGI – extraordinary 

increases in utility costs 

Ontario Rental Housing 

Tribunal 

Cap increases to 3% for maximum of 3 

years 

Rents reduced when capital items are paid 

off 

Stricter definition of eligible capital 

expenditures & no routine maintenance 

items allowed 

Landlord must make application 

information available to tenants 

Increases up to 4%, no limit 

on number of years 

Rents not reduced 

Definition unclear, AGIs 

have been approved for 

maintenance items 


Rents reduced when utility costs go down Rents not reduced 

Renamed as Landlord and Tenant Board 

with renewed mandate to be more 

accessible and fair 

Reduced fees for AGI applications and 

other services 

All rental and landlordtenant 

matters to be 

adjudicated by the Tribunal 

Photocopying: $1/page; 

Request for review: $75 

32






Notify tenants of eviction hearing separately No such provision in TPA, 

from the formal notice required of landlords however, the Tribunal is 

doing it administratively 

Increase maximum fines $25,000 for 

individuals, $100,000 for corporations 

Simplify information materials, notices and 

forms (intended as administrative change; 

not written in the RTA itself) 

Max. fines $10,000 for 

individuals, $50,000 for 

corporations 

Notice of hearing confusing 

– tenants do not know they 

must dispute to get a 

hearing 

Maintenance Tenants could apply to the new Board for an No such provision 

order prohibiting the landlord from taking 

any rent increases or the Board could 

dismiss an AGI application, if the landlord 

fails to comply with work orders or 

obligations for proper maintenance; for 

serious issues, tenants could pay the rent 

directly to the Board (Note: new provision 

is not the same as the OPRI provision under 

the Rent Control Act; instead of an 

automatic prohibition of rent increases, 

tenants must apply) 

Vital Services Include “heat” as one of the vital services Vital services does not 

and require that heat must be provided at the include heat in its 

specified time (September 1 to June 15) and definition. 

minimum temperature (20 degrees Celsius) 

33






Rent reductions due to 

property tax decreases. 

Differentiate the percentage of automatic 

rent reduction between multi-residential 

class properties (i.e. 7 units or more) and 

residential class properties (6 units or less): 

Maintain the rent reduction rate for multiresidential 

buildings at 20% of tax decrease 

percentage; change the rate for smaller 

buildings to 15% of tax decrease 

percentage 

Smart Meters When smart meters are installed, tenants 

may receive automatic rent reduction 

according to prescribed rules and may apply 

for a remedy if the landlord fails to comply 

with electricity conservation requirements 

for any appliances or other aspects of the 

rental unit. 

Fast tracked Evictions: 

(a) wilful or undue 

damages 

(b) use of rental units 

inconsistent with 

residential use 

(c) substantial 

interference with 

landlord’s 

reasonable 

enjoyment in 

small building (3 

units or less) 

Evictions due to 

Landlord’s or purchaser’s 

personal use 

NOTE: These provisions not yet in effect. 

Shorten notice of termination period to 10 

days, disallow opportunity for remedy, and 

expedite enforcement of eviction order 

Eviction order not issued unless 

landlord/purchaser files affidavit sworn by 

the person requiring the rental unit to the 

Board 

Percentage of automatic 

rent reduction equals to 

20% of tax decrease 

percentage for all building 

structures. 


Currently, landlord must 

give 20 days notice, with 

remedy opportunity 


34






Interest rate on last 

month’s rent deposit 

Equal to the annual guideline (i.e. CPI) 6% interest 

Rules that have not changed (or not significantly changed) 

While there are some significant changes from the TPA as indicated in the above Table, 

many of the old rules or provisions remain in the RTA. The key areas that are not 

changed include: 

� Vacancy decontrol continues – this means that landlords can set new rents for 

vacant units. 

� Rental buildings that were not occupied for residential purposes before November 

1, 1991 continue to be exempt from rent control; rental units are exempt from rent 

control if they were not occupied for any purpose before the enforcement of the 

TPA in June 1998. 

� No change to rent increase rules – the following rules still apply to most rental 

buildings/units, except social housing: 

o 90 days notice must be given before any rent increases are charged 

o no increase until 12-months have passed since the last rent increase 

� Social housing is still exempt from certain rules (e.g. 90-days notice, rent levels, 

rent increases, sublet/assignment). 

� No change to rent reduction rules based on: 

o discontinued/withdrawn services 

o illegal rent or charges 

o poor maintenance 

� Security of tenure: there are few changes to grounds and notice of termination 

periods (other than those mentioned earlier) in applications for eviction before the 

end of lease/term. There is a minor change in the length of time evicted tenants 

can retrieve their possessions from 48 hours to 72 hours. 

� Rental housing protection provisions – few changes in condo conversions, 

renovations/repairs, demolitions, and conversions to other uses. 

o Condo conversion: tenants continue to have security of tenure and first 

right of refusal to purchase unit at the price and terms/conditions in the 

landlord’s offer. 

35





o Renovations/repairs: tenants continue to have the right to occupy the unit 

upon completion of the renovations/repairs and be given compensation 

equal to the lesser of 3 months’ rent or the rent for the renovation/repair 

period. 

o Demolitions and other conversions: tenants continue to be entitled to 3 

months’ rent compensation or be offered another unit acceptable to the 

tenants. 

Special Rules for Transition 

Special rules will apply to some applications that have been filed under TPA but not 

resolved before RTA is proclaimed on January 31 this year. 

Examples: 

� Eviction applications: 

� No default eviction orders will be issued. 

� At all hearings, adjudicators will be required to consider a tenant’s circumstances 

when deciding about an eviction. 

� For eviction applications due to non-payment of rent, tenant could bring up any 

related landlord-tenant matters, e.g., poor maintenance, and the Landlord and 

Tenant Board could order remedies to resolve these matters. 

� Tenants could pay arrears (and related landlord costs) to void the eviction order 

up until the Sheriff enforces the eviction. 

� Applications for above guideline rent increases 

� If there are serious maintenance problems or serious outstanding work orders, 

adjudicators could dismiss the landlord's application or order that the rent 

increases cannot be taken until the required maintenance work is completed. 

� Applications for serious maintenance issues 

� The Landlord and Tenant Board could require rents to be paid directly to the 

Board instead of to the landlord. 

For more information about transition rules, see 

http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111533.html. 

36

TENANT DEFFENCE 

FUND UPDATE



Tenant Defence Fund Update 

Introduction 

This update provides information about the City’s Tenant Defence Fund and an update on 

the results of the program. Links to additional information materials and contact 

information are also provided to help Councillors and their staff refer tenants to the 

program when they need assistance. 

Background 

The Tenant Defence Fund (TDF) program was created by Council in November 1999 to 

respond to the need of tenants who wished to dispute landlords’ applications for rent 

increases above the statutory guideline (AGI) to the Ontario Rental Housing Tribunal (the 

Tribunal). At that time, the Ontario Government’s Tenant Protection Act (TPA) had been 

implemented for several months, resulting in an increase in AGI applications to the 

Tribunal and in applications/appeals to the Ontario Municipal Board (OMB) for 

demolitions or conversions of rental housing. Although tenants could dispute AGI 

applications at the Tribunal and landlord appeals to the OMB, there was a general lack of 

resources for tenants in organizing and obtaining legal representation. 

The TDF assists tenant groups with their disputes regarding above-guideline rent 

increases and landlords’ appeals to the OMB on demolition or condominium conversion 

applications. The program also helps tenant groups make an appeal to the Divisional 

Court on orders issued by the Tribunal concerning AGI applications, or apply for a 

judicial review of Tribunal orders on AGI applications. 

The Tenant Defence Sub-Committee, comprised of seven City councillors, is responsible 

for overseeing the implementation of the TDF Program. The Shelter, Support and 

Housing Administration Division (SSHA) is responsible for daily administration of the 

Program. 

The TDF program assists tenants through two sub-programs that complement each other: 

� a Tenant Support Grants Program (Grants Program) that provides direct grants to 

tenant groups to help defray the costs of disputing AGI applications or OMB 

appeals, and 

� an Outreach and Coordinating Program (Outreach Program) that helps tenants 

organize to prepare their defence before the Tribunal and/or the OMB, and to 

make applications to the Grants Program. 

38




The approved budget for the Tenant Defence Fund was initially set at $300,000 and 

equally divided between the Grants Program and the Outreach Program. Since 2003, the 

budget has been increased to $325,000 due to an increasing amount of tenant education 

and outreach work. The funding proportion between the two sub-programs varied each 

year according to the level of applications for the grants and the amount of outreach 

work. In 2006, the approved allocation included $125,000 for the Grants Program and 

$200,000 for the Outreach Program. 

The Tenant Support Grants Program (the Grants Program) 

The Grants Program helps tenants cover the legal and administrative costs of preparing 

for a dispute or an appeal. The program provides two types of grants for tenant groups: 

� Basic grants – up to $1,000 – pay for basic representation and administrative costs 

for disputes of AGI applications at the Tribunal. 

� Additional grants for any of the following: 

o to pay for the fees of professional services (e.g., lawyer, accountant, and 

engineer) for more complex AGI cases at the Tribunal, up to $5,000 per 

group 

o to appeal a Tribunal order concerning an AGI application to the Divisional 

Court, up to $10,000 per group 

o to request a judicial review of a Tribunal order concerning an AGI 

application, up to $10,000 per group, and 

o to challenge a landlord application/appeal to the OMB for demolition or 

condominium conversion, up to $15,000 per group. 

The program criteria for eligibility and administrative requirements are set out in a bylaw 

(By-Law 48-2000, amended and codified in City of Toronto Municipal Code Chapter 

797: www.toronto.ca/legdocs/municode/1184_toc.pdf). 

Groups applying for a grant must meet certain requirements regarding tenants’ signatures, 

rent levels and proof of the landlord’s AGI or demolition/conversion application. If 

approved, the grant payment is released to the group after a Tribunal Order, OMB or 

Court decision document is forwarded to the City. In certain situations, advance 

payments are permitted. A sample application form for the Tenant Support Grant is 

included in this briefing package. 

For more information about the program or to download a copy of the application from 

for a basic grant, please see: http://www.toronto.ca/housing/about-tenant-defense.htm 

Contact for the Grants Program: 

Sheryl Pollock, Agency Review Officer, SSHA, at 416-392-0053 

39




Outreach and Organizing Program (the Outreach Program) 

The Outreach and Organizing Program helps tenants organize and prepare for their 

dispute to their landlords’ applications. 

This program is implemented on behalf of the City by the Outreach and Organizing Team 

of the Federation of Metro Toronto Tenants’ Associations (FMTA) through a purchase of 

service agreement with the City. In addition to assisting with tenant organization, the 

outreach team provides educational workshops on the Tribunal dispute process and 

tenants’ rights, helps the groups to apply for the grants, and links the groups to other 

community services for further assistance. An independent review of the Outreach 

Program in 2001 found that the program has been effective in helping tenants (see 

Community & Neighbourhood Services Report No. 6 Clause 15, adopted by Council on 

June 26-28, 2001; 

www.toronto.ca/legdocs/2001/agendas/council/cc010626/cms6rpt/cl015.pdf). 

More information about the services of the outreach team is provided in the pamphlet 

entitled “Tenant Defence Fund Outreach and Organizing Team” available on the FMTA 

website at www.torontotenants.org. 

Contact for the outreach program: 

Dan McIntyre, Outreach Co-ordinator, FMTA, at 416-413-9442 

Key Results of the Grants Program and the Outreach Program: 

The Grants Program has been effective in helping tenant groups actively participate in 

Tribunal, Court or OMB processes. From its inception in 2000 to the end of 2006, 370 

tenant groups have received grants for disputes related to Tribunal AGI applications. 

The program has also helped six additional tenant groups to successfully challenge their 

landlords’ appeals to the OMB for demolition or conversion of their rental buildings to 

condominiums. By having access to the $15,000 grant, these groups were able to secure 

effective legal representation before the OMB and actively participated in the OMB 

hearings. Some of these tenant associations reached a satisfactory agreement with the 

landlord for financial and other compensations, while others won their cases as a result of 

OMB’s dismissal of the landlord’s appeal or due to the landlord’s withdrawal of the 

appeal. 

40




In addition, 16 tenant groups have received grants for Court appeals on various issues. It 

is noteworthy that the appeals of 9 of these groups related to a Tribunal order granting the 

landlord an AGI for a one-time spike in gas heating cost. Although the court upheld the 

Tribunal order, it suggested that the TPA rules granting above-guideline rent increases 

based on utility cost increases should be reviewed. This issue was subsequently addressed 

in the new Residential Tenancies Act. 

Since the inception of the Outreach Program, the outreach team has assisted over 150,000 

tenant households in about 700 buildings, and conducted more than 1,600 meetings and 

educational workshops and events for tenants with respect to information about the 

Tenant Defence Fund and the Tribunal process, helping tenants organize and review 

landlord files for preparation of hearings. 

In addition, the outreach team has helped tenants through the following: 

� produced outreach and educational materials regarding tenant organizing entitled 

“Step by Step Guide and Challenging a Rent Increase Above the Guidelines”, and 

translated these materials in 6 other languages (Chinese, Spanish, Arabic, 

Russian, Polish and Tamil). Please note, the Step by Step Guide is currently being 

revised to reflect the RTA changes; 

� conducted outreach and education work related to the Ontario Government’s 

consultation on rent reform to increase tenants’ awareness of the issues and 

participation in the consultation process; and 

� expanded outreach to multi-cultural communities and worked with Councillors to 

organize area tenant meetings in their wards. 

As part of the Outreach Program for 2007, the FMTA will conduct a one-year pilot 

project to offer education initiatives about tenant rights and obligations under the new 

RTA. These initiatives will be targeted at, but not limited to, private sector tenants with 

low income and living in the City’s priority neighbourhoods. 

Program Review: 

A review of the overall TDF Program is underway to examine ways to change and 

improve the program. The review focuses on areas where changes may be needed, 

including program mandate, funding level, administration and outreach support. 

Consultation with key stakeholders and user groups is underway to gather their views for 

the review. The review will be complete in Fall 2007. 

41

EDUCATIONAL 

INITIATIVES



Programs to Assist Tenants Learn about the New Legislation 

Educational initiatives on the Residential Tenancies Act (RTA) 

As part of the Outreach Program supported by the Tenant Defence Fund, the Federation 

of Metro Tenants’ Associations (FMTA) will conduct a one-year project offering 

education initiatives about tenant rights and obligations under the new RTA throughout 

2007. These initiatives will be targeted at, but not limited to, private sector tenants with 

low income and living in the City’s priority neighbourhoods. 

Update on the Tenant Survival Manual 

The Tenant Survival Manual is a manual that provides information to tenants about the 

most current legislation governing rent regulations and tenancy issues. The manual gives 

tenants a basic understanding of the law in simple and easy to understand language. It 

covers a broad range of issues, including the rights and responsibilities of tenants and 

landlords, and offers ideas to tenants as to how to address the issues and where or whom 

to get help, including community resources and relevant City divisions such as Shelter, 

Support and Housing Administration, Planning and Municipal Licensing and Standards. 

The manual was initially developed and produced through City funding when the 

previous legislation (the Tenant Protection Act) was enacted in 1998, and was updated 

annually. It has not been updated since 2004 due to uncertainty about timing of the new 

legislation. City funding has now been provided to update the manual to reflect the 

changes as a result of the new legislation. In 2006, the FMTA developed a small booklet 

entitled “Guide to Tenants’ Rights” and translated it into 12 different languages. The 

Guide has been updated to reflect the RTA, but has not yet been translated. The Guide 

can be found at: www.torontotenants.org/guide.htm 

Tenant Hotline (416) 921-9494 

The Tenant Hotline is a telephone information and counselling service that responds to 

tenant inquires about the rent regulation and tenancy legislation, rights and 

responsibilities of tenants and landlords, and all other tenant and landlord matters related 

to the legislation. The hotline also provides referrals to other community information and 

advisory services in the City, including community legal clinics, housing help centres, 

community mediation services, and city services. It is operated by the FMTA through a 

purchase of service agreement with the City. More information about the tenant hotline 

is available at: www.torontotenants.org/hotline.htm. 

43

FACTS ON 

SOCIAL HOUSING




What is Social Housing? 

Social housing is rental housing for individuals and families with low incomes. This 

housing has been developed and is operated with financial assistance from government. 

Rent in social housing is generally set at 30% of gross income, with adjustments for 

utilities. 

Social housing takes various forms, including: 

• private non-profit housing; 

• co-operative housing; 

• municipal non-profit housing; and 

• housing administered under Private Rent Supplement Agreements, the Limited 

Dividend Program, or Housing Allowance Programs. 

Private non-profit social housing buildings are owned and operated by community-based 

non-profit corporations, such as churches, seniors’ organizations and ethno-cultural 

groups. 

Co-operative social housing residents elect a board of directors from their members and 

contribute to operations and life of the community through a range of volunteer activities. 

Co-operative housing is governed by the Co-operative Corporations 

Act (not the Residential Tenancies Act). Some urban native programs operate as private 

non-profit housing for Aboriginal people. 

Municipal non-profit housing is owned and operated by a municipal government. In 

Toronto, it is the Toronto Community Housing Corporation (TCHC), which is owned by 

the City and governed by a board of directors appointed by Council. The TCHC reports 

to Council each year on how it has put its Community Management Plan into action. The 

TCHC manages a portfolio of about 58,200 rental units, including those built by its two 

predecessor municipal non-profit housing corporations (Metro Toronto Housing 

Company Limited and Cityhome), as well as the public housing stock transferred from 

the former Metro Toronto Housing Authority. 

Private non-profit housing and municipal non-profit housing are exempt from certain rent 

rules (i.e. annual rent increases and above-guideline increases) and certain rules 

governing the landlord and tenant relationship (i.e. sublet/assignment). If the tenant is 

paying a rent geared to income, the 90-day rule for giving notice of rent increase before 

the date of the intended rent increase does not apply and there can be less than 12 months 

between rent increases. 

45




Under a private rent supplement agreement, the landlord sets aside units for households 

requiring rent-geared-to-income, and the City pays the landlord the difference between 

geared-to-income rent and the market rent for the unit. Under the Limited Dividend 

Program (LDA), the landlord agrees to set aside some units to provide rent-geared-toincome 

housing for low-income households, in return for preferential mortgage financing 

by Canada Mortgage and Housing Corporation (CMHC). The RTA also applies to the 

private rental building; however, those tenants assisted by the rent supplement program 

and the LDA are exempt from certain RTA rent rules and sublet/assignment rules since 

they pay rent geared-to-income. Therefore, the 12 month rule for taking rent increases, 

the 90-day rule for giving notice of rent increase and rules limiting the amount 

TThe Housing Allowance Programs give temporary assistance to households by providing 

a fixed payment to private landlords to reduce the monthly rental costs. Tenants must be 

on the waiting list for a rent-geared-to-income unit or be eligible to be on the waiting list. 

The RTA applies to units under the Housing Allowance Program, unless they are exempt 

from the RTA for some other reason (i.e. certain rent rules and sublet assignment rules). 

What is the City’s role in social housing? 

Administrative responsibility for social housing was transferred from the Province of 

Ontario to the City of Toronto on May 1, 2002. The transferred social housing portfolio 

includes public housing, the former federal non-profit housing projects and former 

provincial non-profit and co-operative housing projects. Federal housing co-operatives 

were not transferred to municipalities — their administration and funding remains with 

CMHC. 

The City’s responsibilities include: 

• funding, ensuring housing providers meet program requirements; 

• establishing operating policies; 

• giving advice and guidance to housing providers. 

Housing providers own the properties and manage the day-to-day operations. 

The Shelter, Support and Housing Administration Division (SSHA) administers the 

transferred social housing portfolio on behalf of the City. For more information about 

social housing and what the City is doing with respect to social housing, see the SSHA 

web site at: www.toronto.ca/housing/social_housing/index.htm 

46




How many social housing units have been built? 

There are 90,000 units in the City-administered social housing portfolio. These include 

86,740 units built and operated by private non-profit, co-op housing corporations and the 

TCHC, as well as 3,260 units developed in partnership with the private market sector 

with funding from various housing programs, such as rent supplement, housing 

allowance and limited dividend programs. In addition to these, there are about 10,000 

units in co-operative projects administered by other orders of government. 

How can one apply for a rent-geared-to-income unit? 

Toronto Social Housing Connections (Housing Connections) administers a central 

waiting list for the City’s rent-geared-to-income housing. Housing providers manage 

their own intake processes for their market rent units. People can apply for rent-gearedto-income 

units through Housing Connections. The application must include documents 

that are used to determine basic eligibility, including information about status in Canada, 

household size and household income. Housing providers must select applicants in order 

from the waiting list prepared by Housing Connections. 

Information about the social housing units in the community, including application 

forms, is available at the Housing Connections Resource Centre, located at 176 Elm 

Street and on the Housing Connections website: www.housingconnections.ca or call 416- 

981-6111. Applicants can also contact community agencies, known as designated 

community partners, for information and assistance. A full list of community partners is 

available on the Housing Connections website or from the Housing Connections office.35 

47

KEY CONTACTS



Key Contacts 

GENERAL 

Phil Brown 416-392-7885 

General Manager pbrown1@toronto.ca 

Shelter, Support & Housing Administration 

Katherine Chislett 416-397-0260 

Director, Housing and Homelessness Supports kchisle@toronto.ca 

and Initiatives 


RESIDENTIAL TENANCIES ACT 

Gwynne Cheung 416-392-0643 

Policy Development Officer – Tenant Support gcheung2@toronto.ca 

Housing and Homelessness Supports 

and Initiatives 


TENANT DEFENCE FUND 

Tenant Support Grants Program 

Sheryl Pollock 416-392-0053 

Agency Review Officer spolloc1@toronto.ca 


Federation of Metro Tenants’ Associations 

(FMTA) Outreach Program 

Dan McIntyre 416-413-9442 

Outreach Coordinator dan@torontotenants.org 

Federation of Metro Tenants’ Associations 

EDUCATION INITIATIVES ON THE RTA 

FMTA Tenant Hotline 416-921-9494 

FMTA Outreach Program 416-413-9442 

SOCIAL HOUSING 

Kathleen Blinkhorn 416-392-0054 

Director kblinkh@toronto.ca 

Social Housing Administration 


Veronica Edwards 416-338-8344 

Manager, Policy & Community Liaison vedwards@toronto.ca 

Social Housing Administration 


49

Helpful Websites: 



Key Contacts 

� Shelter Support and Housing Administration Division: 

www.toronto.ca/housing 

� Municipal Licensing and Standards: 

www.toronto.ca/apartmentstandards/home.htm 

� Ministry of Municipal Affairs and Housing: 

www.mah.gov.on.ca 

� Landlord and Tenant Board: 

www.ltb.gov.on.ca 

� Federation of Metro Tenants’ Associations: 

www.torontotenants.org 

� Centre for Equality Rights and Accommodation: 

www.equalityrights.org/cera 

� Advocacy Centre for Tenants Ontario: 

www.acto.ca 

� Community Legal Education Ontario: 

www.cleo.on.ca 

50

Residential Tenancies Act: Briefing Book - Michael Walker

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