The Society for the Prevention of Cruelty to Animals (SPCA) of Montreal was before the Administrative Housing Tribunal (TAL) on Thursday to give weight to the challenge of a lease clause which prohibits pets in housing.
To assert her point of view and her arguments, she wants to intervene in the context of a dispute between a Montreal owner and the person who rents one of her apartments on Bordeaux Street.
Because for the animal shelter, the debate goes beyond the framework of this specific lease: “It is an issue that affects thousands of Quebecers and thousands of animals each year,” explained Me Sophie Gaillard, director of animal defense and legal and government affairs at the Montreal SPCA.
“It’s of interest to society,” added the SPCA’s lawyer, M.e Marie-Claude St-Amant, also president of the organization’s board of directors.
In this case, the owner applied to the Court in order to first obtain an order to force compliance with the clause in the lease prohibiting animals, and finally to formulate a request for termination and eviction. The tenant, who calls herself M, responded by asking the TAL to cancel the clause, because she wants to stay in her apartment with Bébé, her 13-year-old cat and Paul, her miniature dog. It is unthinkable for him to part with it.
“They are part of my daily life. They offer therapeutic support. They [les animaux] reassure us and offer a presence. During the pandemic, it was a moment of isolation for many and animals offer quite important support,” M confided outside the Court.
His lawyer, Me Kimmyanne Brown explained that the situation was “a little unusual”: the owner bought the building when M had lived there for more than 10 years and the previous owner tolerated animals. Which is no longer the case for the current landlord: the cat that was “rubbing” on the balcony bothered him. Even the plants on the balcony bothered him, the lawyer pointed out.
According to the SPCA, such clauses that prohibit animals simply should not exist. Their presence in homes is already controlled by municipal regulations, which limit, for example, the number of small furry animals.
The non-profit organization maintains that these clauses are abusive, unreasonable and contrary to certain fundamental rights provided for in the Quebec Charter of Human Rights and Freedoms. This forces families, desperate to find housing in these times of shortage and sharp rent increases, to get rid of their dogs and cats as if they were simple objects, while the Civil Code has only just come to recognize them, in 2015, as “sentient beings”.
On Thursday, the administrative labor judge who is hearing the case, Camille Champeval, was informed of a change in the situation: the owner abandoned his eviction request and reportedly sold the building. M can therefore stay in his apartment — for the moment.
But it remains a “sword of Damocles” over his head, points out Me Brown. A new owner can decide to invoke it at any time. Many do it in retaliation, she reports. This is why M wants to move forward to have the clause struck down.
Describing the SPCA’s request as “important and unusual”, the administrative judge took its request for intervention under advisement and promises to quickly let it be known whether the animal shelter will be able to present its arguments.
In addition, it clearly limited the debate: it can invalidate the clause for this specific lease, but not for all leases in Quebec. “I don’t have jurisdiction. »
On the other hand, if she agrees with the tenant, this “can set a precedent” and give weapons to all those who want to invalidate such clauses to keep their little animals with them, explained after the hearing Me St-Amant.
The SPCA submits that on average, more than one animal per day is abandoned due to moving: 401 animals were entrusted to the Montreal SPCA for this reason in 2022. And at the end of September, there were still 99 cats, 22 dogs and 24 rabbits in cages, awaiting adoption, in a single SPCA shelter in Montreal.