The housing bill tabled on Friday could mean the loss of leverage against abusive rent hikes for tenants. The representatives of the owners judge rather that Quebec corrects a drift.
Once adopted, the bill tabled by the Minister responsible for Housing, France-Élaine Duranceau, would allow landlords to refuse a request to transfer a lease “for a reason other than a serious reason”.
Lease assignment is one of the only rent control measures available to tenants. The latter can transfer their lease to another person before the end of the 12 months provided for, protecting the next tenant from significant rent increases.
In the midst of the housing crisis, the bill “does not solve the problem, in addition to adding fuel to the fire”, explains the co-spokesperson of the Regroupement des committees logement et associations de tenants du Québec (RCLALQ ), Cedric Dussault.
“It’s a huge setback for tenants, we won’t let it pass,” said Quebec solidaire spokesperson for housing and housing and deputy for Laurier-Dorion, Andrés Fontecilla, through of a press release
“It is not up to the tenant to control the increase in rent for the next person,” Minister Duranceau said at a press briefing in Quebec. It judges to protect the right of negotiation of the owners by granting them the possibility of refusing the assignment of the lease without going through the Administrative Housing Tribunal (TAL).
This story of lease transfer, or shopping for leases between tenants, is an obstacle to the property rights of owners.
France-Élaine Duranceau, Minister responsible for Housing, at a press briefing in Quebec
A victory deemed insufficient for the owners
The government “restores the facts” by going back on the assignment of lease, estimates Martin Messier, president of the Association of the owners of Quebec (APQ). When it was considered, this measure was rather intended to protect landlords from non-payment of rent in the event that the tenant decides to leave before the end of the lease.
“It is the tenants who have hijacked the function of the assignment of the lease”, underlines the director of public affairs and governmental relations of the Corporation of real estate owners of Quebec (CORPIQ), Marc-André Plante.
For Martin Messier, the bill “leaves a bitter taste”, when it was promising. Quebec’s position on the assignment of lease is “the only news that is correct” for landlords. For CORPIQ, the bill is more mixed: it “clarifies tensions” without responding to all the challenges of owners.
Owners consulted, tenants ignored
The RCLALQ “is not surprised” by the content of the bill since it claims to have been absent from the consultations, for lack of response from the minister’s parliamentary assistant, Chantale Jeannotte, who had invited community organizations to participate. The largest group of housing committees in Quebec is calling for a rent freeze to ensure real control.
“We get nothing more than to show a setback”, underlines Cédric Dussault. For their part, the APQ and CORPIQ participated in the consultations that led to the development of this bill, but note the absence of several of their recommendations, particularly with regard to the setting of rents.
Overview of Bill 31
Supervise evictions
The burden of proof will shift to the landlord in cases where the tenant does not respond to the eviction notice. The lack of response will no longer be considered from the outset as consent to eviction. It will be the same when an owner does not respect what he said in his notice of eviction, in particular in the case of a repossession of housing. It will be up to the owner to demonstrate that he acted in good faith. Greater compensation is also provided for tenants who will be evicted, the equivalent of one month’s rent per year depending on the number of years spent in a dwelling.
The F clause
Landlords of new buildings are not required to fix the tenant’s rent for the first five years and may require increases that are higher than what the TAL provides. Clause F will still hold, but landlords will have to include their forecast increases in the lease to avoid surprise increases. The Minister responsible for Housing says she has succeeded in encouraging owners to build by allowing increases according to the costs incurred, while increasing predictability for tenants.
Reconstruction of HLMs
The bill specifies that the profits generated by the sale of a low-income housing (HLM) must be reinvested in the reconstruction of the HLM. Robert Pilon, of the Federation of tenants of low-income housing in Quebec, says he is satisfied with this modification since the permission to demolish an HLM can turn out to be “a double-edged sword” when town halls want to chase one away. of their territory. Although “citizen vigilance” remains necessary for Mr. Pilon, the addition included in this bill is consistent with the Renovation Program for Low-Rental Housing announced Wednesday by the Société d’habitation du Québec.