After months of tumultuous debate, the government is preparing to adopt Minister France-Élaine Duranceau’s law, which is intended to be a response to the housing crisis. Faced with the hydra of inflation which slows down the construction of new apartments and increases the price of rents, Quebec has planned measures to bring new housing out of the ground and “restore the balance between tenants and owners” . In the eyes of the opposition, however, the bill misses the target by failing to repair the mechanism for controlling rent prices which has become “out of control”. Here is what this law will soon change in our lives.
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Lease transfers: owners will now be able to refuse
By far the most controversial element of the Duranceau law, owners will be able to refuse that a tenant transfers their lease to someone else at the same price for a reason “other than serious”, but in return they will have to agree to terminate the lease to allow the tenant who wishes to leave before the expiry date to do so. Outraged, the opposition parties have increased their efforts to “save” this tool which they consider to be a system for controlling rent prices, but the government has not given up, claiming that there are other ways. to limit increases.
Photo Stevens LeBlanc
Compensate victims of eviction
Under the new law, a tenant who does not respond to an eviction notice will be considered to have refused it, and not accepted by default as is currently the case. The owner who wishes to evict his tenant will then have to defend his point at the Administrative Housing Tribunal (TAL).
- Listen to the interview with Sylvain Gariépy, president of the Order of Urban Planners of Quebec, via QUB :
And when an eviction takes place, owners will be obliged to compensate their tenant up to one month’s rent per year of occupancy of the accommodation, for a maximum of 24 months. Previously, the compensation was only three months, and you had to defend your case before the TAL to obtain more.
The owners will have to show their credentials
The law provides for punitive damages to deter landlords from misinforming tenants when signing the lease. So, if they do not fulfill their obligation to indicate the lowest price paid for rent in the last 12 months (clause G), they will be subject to a fine, which will be determined by a judge on a case-by-case basis.
Courtesy photo
Bill 31 has been criticized because it does not limit the ability of owners of new housing to increase rent prices as they see fit over a period of five years. But to avoid unpleasant surprises, they will be required to indicate in advance, when signing the lease, the increases they plan to apply.
This way of doing things allows more “predictability” for tenants, France-Élaine Duranceau has often argued, without discouraging owners from building. She points out that there is a shortage of housing in Quebec, while the context of labor shortages and rising material costs complicates the task of developers.
Urban planning: cities will be able to circumvent their regulations
In the same spirit, the government adopted a controversial amendment to allow cities with at least 10,000 inhabitants whose vacancy rate is very low (less than 3%) to bypass its urban planning rules for the construction of buildings with a minimum of three dwellings.
Archive photo, QMI Agency
Municipalities will also be able to waive their rules for social and affordable housing or student housing projects, only for the next five years. To do this, however, they will have to carry out a public consultation.