Less than a week before the announced end of the status of their private residence for seniors (RPA), the tenants of the Mont-Carmel residence in Montreal have won a first round. The building will remain an RPA until at least September 19, the Superior Court ruled.
Updated yesterday at 10:12 p.m.
Suzanne Loiselle, a tenant contacted by The Pressgreeted the court’s decision with an “outburst of joy and relief”, but showed cautious enthusiasm.
“We know very well that this is not the point of arrival, but the point of departure. This is the first step in a long legal process. »
The company that bought the property last December must “take the necessary measures to maintain the operation and certification” of RPA, judge Sylvain Lussier ruled in a safeguard order issued on Tuesday.
The order was requested by Nicole Jetté, a 79-year-old tenant. Mme Jetté suffered a stroke on December 20, 2021, six days after ownership changed hands.
The following month, she received a “notice of eviction for change of assignment”, informing her that as of July 31, 2022, the residence would no longer be an RPA offering the services associated with this status, such as the presence of an auxiliary nurse and a panic button.
The lady “remains in the recovery stage” and this interruption of service “could cause the plaintiff serious prejudice”, estimated the judge.
Mme Jetté is agent for 56 residents, but according to the court, 95 other tenants have already left the RPA.
Residents could sign “a new lease as a simple tenant, at the current rent increased by 3%”, mentioned the letter which accompanied the notices of eviction. But taking into account the services included in the RPA rent, the actual increase was well over 3%, noted a resident at The Press last February.
For other RPAs
Beyond the immediate interests of the residents of Mont-Carmel, “we are fighting for our governments to legislate to protect this kind of institution, and that these residences are not at the mercy of voracious property owners,” said Ms.me Loiselle in a telephone interview.
[Les résidants] can count on Québec solidaire to fight the battle by their side to the end.
Manon Massé, co-spokesperson for Québec solidaire, about the RPA located in her riding
If QS were brought to power, he would legislate “once and for all to prohibit changes in the vocation of RPAs and the abusive evictions of seniors,” said Ms.me Massaged by release.
PHOTO PATRICK SANFAÇON, LA PRESSE ARCHIVES
Manon Massé, co-spokesperson for Québec solidaire
Mont-Carmel is owned by the 955 René-Lévesque Est limited partnership, whose president, Henry Zavriyev, is the sole shareholder. At the time of writing these lines, he had not responded to our request relayed by one of his lawyers.
The RPA’s certificate of compliance is valid until December 7, 2023. The owner had returned it to the Integrated University Health and Social Services Center (CIUSSS) of Centre-Sud-de-l’Île-de-Montréal, but the CIUSSS will have to return it to him, the court ordered.
Since the change of ownership, RPA has been administered by Gestion LRM. This contract ends on July 31, confirmed the owner of LRM, Robert Kuntzlinger, however refusing to comment.
The owner of the RPA planned to dismiss “the personnel assigned to this task” after July 31, the judgment mentions, citing an affidavit by Mr. Kuntzlinger.
Who will provide RPA services from 1er august ?
The level of information is zero.
Suzanne Loiselle, tenant of RPA Mont-Carmel
“And it’s been like that since the change of administration,” said Mr.me Loiselle, who had not yet received information from the owner on Wednesday.
“It’s hell, you also have to fight for the quality of services,” she added, citing the health, maintenance and security services. “Before, the person at the reception knew everyone. Now it’s like a sieve! »
With Louise Leduc, The Press