The mayoress of Montreal, Valérie Plante, was able to say what everyone is thinking when she evoked the tragic events in Old Montreal last week: we all have to act to counter the housing crisis. We must not only mourn all the victims of the fire, but also worry about the people presently in the shadows.
The housing crisis is affecting a very large and growing number of vulnerable people. Too often, they live in completely unacceptable conditions, such as those suspected at the scene of the fire, and this, for the sake of not being able to find better on the rental market. Or for fear of asserting their rights and being categorized as “problematic tenants”.
The housing crisis also affects wealthier people who are reluctant to invest in real estate, not believing they can make a return on their investment. And finally, it concerns all levels of government, which must find the delicate balance between the rights of tenants and the financial interests of landlords.
Where to start ? Let’s highlight a few good moves first.
With regard to short-term rentals, we welcome the announced tightening of the Tourist Accommodation Act and Airbnb’s desire to publish on its site only offers that comply with Quebec regulations.
From a broader point of view, the staff of the Administrative Housing Tribunal (TAL) has been able to improve in recent years the time taken to be heard in cases of insalubrity or insecurity to a few weeks, or even less than a month. . Similarly, in Montreal, inspection services act quickly to send notices of non-compliance (a threat of a fine) to landlords who do not comply with the requirements of the Regulation respecting the sanitation, maintenance and safety of dwellings. .
It’s time for action
That said, much remains to be done.
The provincial government should first take note of the fact that several tenants refuse to open a request to the TAL, knowing that their name will remain accessible in public databases. For what ? In a market in crisis, many landlords only accept applications from tenants who not only have a good ability to pay, but who also have no history before the TAL, either as a plaintiff or as a defendant.
Quebec can and should change the situation, in order to anonymize requests. A precedent exists, among other things, in family matters, where requests remain anonymous. Applying the same principles to housing law would remove a significant burden from tenants who wish to live in clean and safe housing.
The fact remains that very few tenants will go to the TAL to denounce an unsanitary situation. Whether it is for lack of information, time, resources… However, when they go to trial, they struggle to obtain adequate compensation for unsanitary conditions. On average, the TAL often awards less than $1,000 in damages for stress suffered. And the court cannot do otherwise: it is bound by its own case law in the matter.
What do owners in bad faith conclude from this? That there will be little or no financial consequences to letting a harmful or even dangerous situation drag on in a dwelling! Most of the time, they know that their tenant is most likely to move before seeking orders from the TAL to have the housing problems corrected. And that they will be able to increase the rent of the accommodation when they leave.
We believe it is imperative to make the damage more salty in terms of unsanitary and insecure in order to create a greater deterrent effect for these owners. One solution would be to allow the TAL to award additional damages, called “punitive” damages, against landlords in cases of unsanitary and insecure conditions. Currently, this power is limited to cases of discrimination, harassment and takeovers or evictions made in bad faith. These punitive or exemplary damages could therefore be added to the meager damages currently granted to tenants and therefore provide better prevention against other similar situations.
Of course, these ideas alone will not be able to solve the housing crisis! However, combined with other reforms, they could lay the foundations of a Quebec that promotes the safety and dignity of all. As evidenced by the scenes in Old Montreal from the past week, it’s time for action.