IHM News, Volume 26, Winter 2005

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INSTITUTE OF HOUSING MANAGEMENT

Volume 26, Winter 2005

Canadian Publications Mail Agreement # 40739009

E N H A N C I N G T H E K N OW L E D G E A N D S K I L L S O F P RO PE R T Y M A N AG E M E N T P RO F E S S I O N A L S

Wellington Terrace Inside President’s Message ..............................................................2 IHM Board of Directors..........................................................2 Wellington Terrace ................................................................3 President’s Commentary........................................................4 Accessibility is more than a Ramp ..........................................5 Protecting Yourself from Unseen Harmful Germs ...................7 To Deal or Litigate at Tribunal ................................................9 Golf Tournament.................................................................10 Electric & Gas Powered Recreational Vehicles Policy .............11

President’s Message

(In)Effective Communication will Make or Break You! Communication may best be described as the process by which people “attempt”, and I stress attempt, to share meanings via the transmission of symbolic messages.

The activity of communication for a property manager takes up a large portion of your work time. Good communication skills contribute to your success as professional and respected property managers, not only among your tenants but also with your professional colleagues.

Communication elements include; the sender, encoding, messaging, channelling, receiving, decoding, notice, and feedback.

To encode you must convert the information to be conveyed into appropriate symbols or gestures. Recoding is the process by which the receiver interprets the message.

These are the critical elements in communication and potential disconnect. If the de-

coding matches the senders encoding the communication is effective. This process can be side railed by external forces such as noise which interferes with the message.

Feedback is the receiver’s reaction to the sender’s message.

Effective property managers must establish open, objective and authentic dialogue between tenants, contractors, and all other customers.

To assist you in getting the message right the first time, I recently came across the following Ten Commandments of Good Communication in a British property management journal that may be of interest to you: 1. Seek to clarify your ideas before communicating 2. Examine the purpose of the communication and what you want to accomplish 3. Consider the physical and social setting whenever you communicate 4. Consult with others when appropriate 5. Be mindful, while you communicate, of

the overtones and content of your message 6. Take the opportunity to convey something of help or value to the receiver 7. Follow up your communications 8. Communicate for tomorrow as well as today 9. Be sure your actions support your communication 10. Seek not only to be understood but to understand If the Ten Commandments fail you may also wish to practice my cardinal rule of S.S.R: • Keep it SHORT • Keep it SIMPLE • Keep it RELEVANT In the end be respectful, be a good listener, and be attuned to receiving unspoken reactions and attitudes.

Kindest regards, Greg Grange, B.A., F.I.H.M. President

2005 Board of Directors PRESIDENT

TREASURER

Greg Grange, B.A., F.I.H.M. Mgr., Housing Division City of Kingston 216 Ontario Street Kingston, ON K7L 2Z3 Tel: (613) 546-4291 ext. 1265 Fax: (613) 546-3004 E-mail: ggrange@cityofkingston.ca

William J. Corrigan, A.I.H.M. Chair: Finance Committee Williams and McDaniel 31 Irene St. Huntsville, ON P1H 1W3 Tel: (705) 788-7690 Fax: (705) 788-0928 E-mail: billco@cogeco.ca

VICE-PRESIDENT

DIRECTORS

Mary Pinto, A.I.H.M. Chair: Membership Committee Regional Municipality of Waterloo Planning, Housing & Community Services 150 Frederick St..

Kitchener, ON N2G 4J3 Tel: (519) 575-4769 Fax: (519) 743-6527 E-mail: pimary@region.waterloo.on.ca

Lee Campbell, A.I.H.M. Co-Chair: Communications Committee Kingston Frontenac Housing Corporation Manager, The Social Housing Registry 471 Counter Street, Suite 100 Kingston, ON K7M 8S8 Tel: (613) 546-5591 Fax: (613) 546-9375 E-mail: lcampbell@cityofkingston.ca

SECRETARY Deborah Filice, A.I.H.M. Co-Chair: Communications Committee Halton Community Housing Corp.

690 Dorval Drive, 7th Floor Oakville, ON L6K 3X9 Tel: (905) 825-6000 Ext. 4414 Fax: (905) 849-3568 E-mail: deborah.filice@halton.ca

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Joan Cranmer, F.I.H.M. Chair: Education Committee Victoria Park Community Homes 155 Queen Street North Hamilton, ON L8R 2V7 Tel: (905) 527-0221 Fax: (905) 527-3181 E-mail: dcranmer@cogeco.ca

James Mellor, A.I.H.M. Liaison: Conference Committee Windsor-Essex County Housing Corporation 945 McDougall Street P.O. Box 1330 Windsor, ON N9A 6R3 Tel: (519) 776-4631 Ext. 14 Fax: (519) 776-5510 E-mail: jmellor@wechc.com

Harry Popiluk, F.I.H.M. Chair: Marketing Committee Victoria Park Community Homes 155 Queen Street North Hamilton, ON L8R 2V7 Tel: (905) 527-0221 Ext.215 Fax: (905) 527-3181 E-mail: hpopiluk@vpch.com Don White, A.I.H.M. Chair: Nominations Committee Toronto Housing 931 Yonge St. 2nd Floor Toronto, ON M4W 2H2 Tel: (416) 981-4870 Fax: (416) 981-5960 E-mail: Don.White@torontohousing.ca

CANDIDATE REPRESENTATIVE Lynn Alexander Candidate Representative Property Manager The Region of Durham Housing Services P.O. Box 623 Whitby, ON L1N 6A3 Tel: (905) 434-5011 Fax: (905) 434-1943 E-mail: Lynn.alexander@region.durham.on.ca

ADMINISTRATORS: Lynn Morrovat (Administrator)

Ext. 254

Josee Lefebvre Ext. 255 (Administrative Assistant) IHM Office 2175 Sheppard Ave. East, Suite #310 Toronto, ON M2J 1W8 Tel: (416) 493-7382 Fax: (416) 491-1670 Email: ihm@taylorenterprises.com

IHM News

Feature

Wellington Terrace

by Tricia Marlow, New Housing Initiatives Co-ordinator, Halton Region Wellington Terrace is a 126 suite ninestory apartment, owned and managed by Halton Community Housing Corporation, and is located at the corner of Brant and Pine Streets in downtown Burlington.

Halton Community Housing Corporation (HCHC) is an amalgamation of Halton Region’s municipal non-profit housing corporation and the former local housing authority and was created in September 2001. In addition to its Rent Supplement Program, HCHC owns and manages 1,816 units of social housing in various housing communities across Halton Region, one of which is Wellington Terrace.

Wellington Terrace was developed at a capital cost of approximately $14M, under the jobReady component of the jobsOntarioHomes Program. In accordance with program requirements, units are offered on a rent-geared-to-income, and market-rent basis. The project, which was occupied in Winter 1995, was designed by Fliess Gates McGowan Easton Architects and constructed by Andrin Brant Limited.

Of the 126 suites, 27 suites are modified for barrier-free access to allow tenants to live independently in their units. As part of the integration to the downtown core, a portion of the building was designed to accommodate commercial non-shelter space, separate from the residential component of the building.

The Wellington Terrace project is a unique endeavour as that it provides integrated housing for people with different abilities.

There are 40 units for seniors requiring support services and 20 units for intellectually challenged adults.

Halton Region, through its supportive housing program, provides supports to seWinter 2005

Wellington Terrace Grand Opening May 1995

niors to encourage long-term independent living within their own apartments at Wellington Terrace. An emergency response system is in place for all forty of the designated support units with essential support services provided on-site, 24 hours a day.

While all suites at Wellington Terrace are equipped with their own kitchens, a servery was provided to augment the supportive housing program and provide an additional amenity within the building.

As such, the Terrace CafĂŠ provides dining opportunities for all residents of Wellington Terrace, when they choose.

Halton Region also provides caregiver relief in the form of a respite bed that can be booked by community residents.

This service offers supervised care for seniors including: convalescence care, vacation care, caregiver relief, and program assessment.

Short-term accommodation is available from five to 30 days.

One unit has been taken out of the portfolio to provide this respite care service.

Supportive housing is also co-ordinated by Community Living Burlington whose mission is to enrich the quality of life, development and community integration of individuals with developmental disabilities, in Burlington. Twenty units are identified for this program.

Access to all the units in Wellington Terrace, with the exception of the respite unit, is provided through Halton Region’s Coordinated Access System (Halton Access to Community Housing HATCH).

Wellington Terrace is a unique building and requires a unique property management response. In addition to a property manager, HCHC has a maintenance oper-

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ator who lives on-site and provides day- today building maintenance services. On-site office space is also provided to each of the support service providers. The working relationship between HCHC and the support service providers at Wellington Terrace is clarified through formalized agreements.

Since it’s opening over ten years ago, Wellington Terrace has had an active tenant association as well as membership on HCHC’s Tenant Advisory Committee.

Has the project been a success?

Housing seekers cite the excellent location within the Burlington downtown core, the support service opportunities and nonshelter space such as the Terrace Café as amenities, which make Wellington Terrace a housing selection of choice.

Waiting list for units can be seven to eight years.

Tea in the Community Room

President’s Commentary Social Engagement and Involving Younger Tenants As a property manager by profession, I struggled for years and found it an uphill battle to generate tenant involvement in social activities.

This extends to the tried and tested promotion of bingo and similar events particularly geared to our aging tenants.

The struggle to keep activities going may be attributed to tenant turnover, interests change, or it could be that routine becomes as dull as doing nothing!

With increasing diversity and client groups such as younger tenants, it is time to think beyond senior bingos, bake sales, and afternoon teas.

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As property managers we must meet the needs of our tenants by involving everyone in the design, delivery, and evaluation of activities within our building complexes.

I think the key to success is to engage younger tenants, who in most cases are experiencing their first tenancy. As a property manager, your challenge is to be innovative and get this tenant group involved.

Whether you are in the private or public sector, the spirit of youthfulness needs to be captured, which will contribute to a vibrant and appealing environment in which to take up rental residency.

Young at heart!

Greg Grange, B.A., F.I.H.M., President

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Accessibility is More than a Ramp

by Barry Kaplan “As many as 1 in 6 Canadians has a disability. These disabilities range in severity and type, including limited mobility, hearing and vision loss, illness, speech disabilities, developmental, intellectual, cognitive, learning, and other hidden disabilities.

Moreover, as the population ages, the proportion of Canadians with disabilities will increase, and seniors have a higher incidence of disability as the rest of the population. Taken together, these overlapping groups are a growing force. It makes sense to increase universal access, develop awareness and training for employees, and promote and provide enhanced service for all people, including those with disabilities.”1 In this article, I’ll provide an overview of some resources that may be useful in helping to design and retro-fit buildings to improve accessibility; and I will also discuss another area where barriers may exist: “customer service”.

What compels property owners/ managers to consider accessibility?

There are two provincial acts and two provincial codes that relate directly to accessibility: the Ontario Human Rights Code, the Accessibility for Ontarians with Disabilities Act, the Ontario Planning Act, and the Ontario Building Code.The Ontario Human Rights Code has primacy over all other provincial legislation including the Accessibility for Ontarians with Disabilities Act. Of late, citizen appeals to the Ontario Human Rights Commission on accessibility topics constitute the largest category of complaints the OHRC investigates. This reality, coupled with a strong provincial accessibility act, is increasing the salience of planning for accessibility, for all organizations across Ontario.

In June 2005, the province of Ontario introduced a tougher and more far-reaching law addressing accessibility – The Winter 2005

Accessibility for Ontarians with Disabilities Act, 2005 or AODA. This legislation is tougher than the previous provincial legislation, the Ontarians with Disabilities Act, 2001, in that it prescribes penalties of up to $100,000 for non-compliance. It is more far-reaching in that it targets private-, in addition to public-sector, organizations.

In Ontario, the current standard for accessible design is contained in Section 3 of the Ontario Building Code. The Ontario Building Code, in its current form, is generally recognized to be insufficient in addressing the needs of people with disabilities. The Province has acknowledged this and will be developing new, more accessible standards in the near future. The standards will be developed by committees comprised of public and private-sector organizations, individual citizens, able-bodied people and people with disabilities, and will consider accessibility issues in a sector-specific way. Standards committees for “customer service” and “transportation” are already being developed. The standards committees for the next three priority areas, “built environment”, “employment” and “information and communications”, will probably be developed in a year or two. While we don’t know at this point what the standards will be, we do know that the legislation requires that all organizations report to the Ministry responsible for this legislation, the Ministry of Community and Social Services, about their activities related to barrier identification and remediation. Complaints about the lack of accessibility at an organization or institution, or a random audit by the Ministry, may lead to the imposition of penalties if the organization/institution fails to comply.

What resources currently exist to assist with barrier identification and remediation in the built environment?

There are no financial support programs available from the Province for making

existing buildings more accessible. Canada Mortgage and Housing has a “Residential Rehabilitation Assistance Program (RRAP)” and a “Home Adaptation for Seniors’ Independence Program (HASI)”, but both programs are targeted at lowincome owners of private residences.2 Fortunately, information resources about architectural and engineering design for accessibility are available from several sources for little or no cost. Some Ontario cities across the province, in a desire to design or modify their own properties to a higher standard of accessibility, have adopted the Canadian Standards Association’s “Accessible design for the built environment (B651-04)”. This publication can be purchased from the CSA online store at www.ShopCSA.ca. Other cities, notably Toronto, London, and Peterborough, have developed their own standards for accessible design, which can be obtained from their websites. The Canadian National Institute for the Blind’s “Clearing Our Path”, available through the CNIB, is another useful, cross-disability set of accessibility criteria.

What should be considered regarding customer service and accessibility?

According to the Canadian Standards Association, “providing appropriate customer service for people with disabilities requires that an organization has: 1) an understanding of the varying needs and expectations of all its customers and how to meet these needs; 2) an awareness of how to interact and communicate with people with disabilities; and 3) a management system that can be implemented to monitor and improve customer service.” 3 To accomplish these objectives, most organizations have recognized that there needs

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ants may be useful. This service is often delivered for free, on-site.

Conclusion The goal for integrating accessibility planning throughout our community is concisely and aptly articulated by The Honourable Dr. Marie Bountrogianni, Minister of Citizenship: “(It) is about fairness. It is about opportunity. Inclusion. And empowerment. It is about the ability to pursue dreams. The chance to be a full partner in society and make a full contribution to society.”6 Housing providers can do their part by attending to physical and customer service barriers within their properties.

References to be a high-level organizational commitment to barrier identification and removal, and that training will most likely be required to affect positive change.

“Accessibility sensitivity” training for employees, covering topics such as characteristics of various disabilities, appropriate language to be used by staff, and information regarding provision of information in alternate formats, is available through many not-for-profit organizations, at relatively low cost. The March of Dimes, and the Independent Living Centre, offer cross-disability employee training. The Canadian Standards’ Association’s “Customer Service Standard for People with Disabilities” is an excellent resource for a system-wide approach.

Risk of death or injury from fire is often greater for people with physical, mental or sensory disabilities, and accordingly, disabilities and fire safety/emergency preparedness is another area where property managers, superintendents, security tenants, and tenants are well-advised to identify barriers and develop action plans.4 Contacting local Fire and Rescue personnel regarding their ability to provide information and training sessions for staff and tenants may be useful. This service is often delivered for free, on-site.

Research has shown that people with disabilities can be more vulnerable to victimization.

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For example, a person with a developmental disability can be less able to recognize and avoid danger, while a person with a physical disability can be less able to protect themselves or escape harm. There are many statistics confirming that persons with disabilities are at a higher risk of being victimized: • Rates of violent crime against people with developmental disabilities are 4-10 times higher that the rates against the general public.

• They are assaulted 2.9 times more often that the general population.

• Sexually assaulted 10.7 times more often.

• They are the victims of a robbery 12.7 times more often.

• Adolescents are 3 times more likely to be physically and sexually abused.

• Women with disabilities are 34% more likely then non-disabled women to be physically or sexually assaulted by their partner.

• Women with disabilities are 1-2 times more likely to experience abuse.

• 50% of women with disabilities have been sexually abused as children.

In addition, persons who have disabilities are often victimized repeatedly by the same offender. These offenders are also more likely to be people they know, including caregivers, service providers, and family.5 Contacting your local Police Department regarding their ability to provide information and training sessions for staff and ten-

1 The Canadian Standards Associations’ Customer Service for People with Disabilities (B480-02) June 2002, p. 5.

2 The RRAP program was developed for low-income homeowners, where up to $18,000 may be provided as a forgivable loan. Eligibility is restricted to home owners who live in their house, whose household income is below a predetermined level, whose house is at least 5 years old and is valued below a predetermined level, and several other criteria. CMHC’s HASI program targets low-income seniors and offers a forgivable loan of up to $2,500. Applicants need to be 65 or over, have a household income below a predetermined level, have at least one member of the household who has difficulty with daily activities due to loss of ability brought on by age, and whose home is a permanent residence.

Customer Service for People with Disabilities (B480-02), p. 5.

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Regarding people with disabilities and seniors, advice generally includes the following: install and maintain smoke alarms, live near an exit, plan your escape, don't isolate yourself, and now your responsibilities and abilities.

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Sgt. Helene Corcoran - Victim Services & Diversity Coordinator, Kingston Police Force, from a speech at the Accessibility is More than a Ramp forum, Kingston, Ontario, Nov. 8, 2005.

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6 Dr. Marie Bountrogianni , from a speech to the legislature, Nov. 18, 2004.

About the Author Barry Kaplan has been the City of Kingston’s Accessibility Co-ordinator since June 1, 2003. He has a Master of Public Administration from Queen’s University and Bachelor of Arts in Political Science from the University of Toronto.

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Protecting Yourself From Unseen Harmful Germs

by Penny Lewick Building superintendents need to be aware of many potential issues including exposure to harmful germs. It is always a challenge to protect yourself. Daily you are exposed to hundreds, if not thousands, of germs that can cause infections. Some exposures are obvious and jump out at you; others are less visible and need to become part of your awareness.

This article discusses some of the invisible potentially infectious organisms.

No one has a sterile home. We all deal with the common organisms/germs in our own homes. Many organisms are beneficial and do not cause illnesses. When you visit others, you are often exposed to new organisms/germs. Most of the time your body can deal with exposure to these new germs easily. Some may get on you, but unless they can get into you, they can’t harm you.

The goal of infection control in the workplace is to prevent harmful germs from coming into contact with a susceptible person in the first place. The foundation of good infection control in the workplace is to assume that everyone is possibly infectious. Proper procedures have to be followed at all times.

Often, when someone leaves an apartment, it is left for others to clean for the next person. This superintendent is placed in the position of being exposed to unknown germs and must protect themselves.

In some instances, extra protection is necessary to ensure personal safety. Most of the time this is referred to as PPE or Personal Protective Equipment. The PPE may involve gloves, face shields/masks, steel toed shoes. Employers, Ontario Health & Safety Association (OHSA) and a work task will dictate the proper PPE in a specific work environment.

Winter 2005

To understand the importance of using PPE, it is also important to understand how illnesses are spread. The three basic ways are airborne/droplet, fecal/oral route, and bloodborne.

tents and then touch your mouth before washing your hands. These germs may give you an illness that includes vomiting and/or diarrhea – such as Norovirus, hepatitis A, ecoli, and Salmonella.

If germs are airborne you breathe them into your body. For this method of transmission, you must share airspace with an infected person. Airborne illnesses include chicken pox, tuberculosis, and Legionella. Legionella is airborne but the source is often mechanical cooling systems or showers that aerosolize the germs and causes pneumonia.

Saliva in particular may cause several illnesses including the common cold, fifth disease, strep throat, hand, foot & mouth disease, mononucleosis, and the Flu.

Droplet infection is spread when you are within three feet of an infected person and germs that are spread by droplets include the common cold, and influenza [the Flu] If the bugs are spread by the fecal/oral route, you have to touch or have direct contact with something that is contaminated by faeces or a bodily fluid such as saliva or stomach con-

If the germs are bloodborne, you have to be in contact with blood or bodily fluids.The part of you that contacts these fluids must have a cut or opening in the skin for the germs to enter your bloodstream. Bodily fluids are semen, vaginal fluid, saliva, breast milk or tears. Bloodborne illnesses include hepatitis B, hepatitis C and HIV. If you find used needles, they should be handled with care and discarded in a proper sharps container, often available from a drugstore.

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IHM News

To protect yourself from infections you need a healthy lifestyle, appropriate immunization and good hygiene including a clean environment, regular use of Routine Practices and frequent handwashing.

Healthy lifestyle includes: • nutritious food • adequate sleep and rest • regular exercise • absence of unhealthy behaviours (such as smoking and excessive drinking) • manageable stress level Adults should be immunized against tetanus, diphtheria, the Flu, and consider hepatitis A and B. Routine Practices (formerly known as Standard or Universal Precautions) are practices to prevent spread of infections that apply to all activities. They include the use of protective barriers to lower your risk of bloodborne illnesses. They include handwashing; PPE; appropriate use of gloves; safe sharp handling; and environmental clean-up. You must use the barriers correctly; dispose of contaminated articles safely; clean contaminated surfaces; and, wash your hands after you remove the barriers.

Handwashing is the first step in protecting yourself from acquiring illnesses.Usually, plain soap and water will do the job. Soap and water must be used when hands have visible dirt or whenever food preparation is involved. Alcohol-based hand sanitizers can be used as long as hands are not visibly dirty.

Products containing 70% alcohol are recommended.

NOTE: If water is not safe for drinking because of germs, it may not be safe for handwashing. A hand sanitizer can be used after visible dirt is removed and hands are dry.

When to wash your hands: • when hands are visibly soiled • after contact with any body fluids • after handling garbage • after removing gloves • after handling contaminated objects/equip.

• after handling any chemical

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• after sneezing or coughing • after personal body functions – toileting or blowing nose • before and between direct contact with other individuals • before preparing, handling, serving or eating food • after handling raw food • before eating • after smoking • after handling pets • after applying sunscreen or insect repellent • after completion of work shift How to wash your hands: • Turn on water to a comfortable temperature for you. (Temperature does not affect the outcome) • Rinse hands.

• Add plain soap (liquid is best – NOT antibacterial) • Wash hands using friction on all surfaces – palms, backs, between fingers and thumbs, up onto the wrist area – for at least 20 seconds.

• Rinse soap from all surfaces under the running water for another 20 seconds.

• Dry hands with a clean paper towel and use the towel to turn off the taps.

NOTE: Wear gloves when cleaning bodily fluids. After cleaning, remove and discard the gloves then thoroughly wash your hands. Gloves can have microscopic tears which may still result in exposure.

Routine Practices – especially careful handwashing - are only effective if used all the time. You cannot tell by looking at an item which ones have germs that can be harmful to you.

When in doubt check your company policies.

For more information contact the Public Health Staff in your local Health Department.

Penny Lewick Public Health Nurse Halton Region Health Department Communicable Disease Control Services

New Members & Graduates Strategic & Financial Planning for Property Managers Archer, Karen Bendo, Elpiniqi Bitonti, Tony Blair, Cox J. Capone, Carmine A. De Leo, Paolo De Palma, Domenic Djukic, Ruzica Dragu, Marius Dziamyanava, Yuliya Genescu, Anca R. Hanes, Ryan Humphries-Stiff, San Ionescu, Petronela Kennedy, Joanne Khan, Rana Kim, In

King, Mike Milovanovic, Vesna Mollah, Ahm Ziaul Morrison, Elaine Motoc, Iuliana T. Pavlov, Pavel Puka, Vitore Rivet, Greg Samson, Ruel Sodenkamp, Ulrich Speer, Betty Terziev, Zheni Toole, Elizabeth (Vicky) Valenticevic, Frank Xhoxhaj, Feta Xhoxhaj, Mimoza

Human Relations For Property Managers Ambo, Elsa Berezovska, Ludmila Besir, Alexandrina Bitonti, Tony Carbunaru, Cristina Cherkashyna, Lyudmyla Chestodalov, Evgueni Coroian, Alin Dini, Majlinda Dragan, Andrei Du Boulay, Richard Ereqi, Xhevdet Ford, Michelle A. Gheorghian, Aurelian Humphries, Sandra Jano, Fjoralba Kocalev, Violeta

Kotov, Yuriy Lahchakov, Yulia Nedyalkova, Ira Nishta, Valentyna Orsatti, Terry R. Peleg, Benjamin (Ben Petritaj, Evelina Rollins, Doug Shakaj, Majlinda Simone, Vito Taullaj, Sokol Todorovic, Djordje Vasile, Gabriel N. Veenendaal, Danielle Wang, Zhilei Wu, Ping Yurev, Alexey

Building Maintenance for Property Managers Gheorghian, Aurelian Golesorkhi, Vahid St. Jacques, LeeAnne

Property and Building Administration Hunter, Linda Micea, Vasile Ionut Pyzhov, Tatiana

New Candidate Members Bouterse, Nancy Brajak, Michael Csordas, Tracey Chtchoukina, Olga Goldband, Jeff

Muffels, Maria Ogden, Michelle Richardson, Jennie Sherwani, Mashkoor

New Accredited Members

St. Jacques, LeeAnn Tsui, Ernest

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To Deal or Litigate at Tribunal

by Harry Fine than end it. Even commercial landlords see the benefit of rehabilitating tenancies with a vacancy rate at about 5%.

Members of IHM are a diverse group, many operating in social housing environments, and others in the for-profit strictly commercial arena. When tenancy problems arise in Ontario, the Tenant Protection Act (the TPA) contains provisions setting out the rights, obligations and remedies for the parties. But achieving your remedy is sometimes difficult, in part because the Tribunal hesitates to grant evictions even if you prove your case, and in part because social housing providers are generally guided by an eviction prevention strategy that makes eviction a remedy of last resort for the board and management.

Mediation is available at all Tribunal regional offices, and is usually available on hearing dates in the satellite locations as well. Mediators will work with the parties to resolve all the contentious issues, and formalize the agreement either in a written mediated settlement, or the adjudicator may place the settlement terms in an order on consent of the parties. For added flexibility, subsection 181(2) of the TPA allows that mediated agreements, unlike consent orders, can contain provisions outside the realm of the Tenant Protection Act. Mediation is often preferable to rolling the dice with an adjudicator, particularly if you are trying to rehabilitate a tenancy rather Winter 2005

Sounds simple to sit down and deal, but how do you enforce the deal if the tenant breaches the mediated agreement. A deal’s a deal….or so they say. Most legal practitioners will agree that an agreement made between parties, made with informed consent and the parties having obtained independent legal advice, will not and should not be easily set aside. Once an agreement has all the required elements of a contract, it should not be overturned by a Court unless it was made in a situation where there was substantial misrepresentation, duress, coercion etc.

So if you strike a mediated agreement that the tenant will repay his rent arrears over a certain period of time, and pay his monthly rent on time, with a provision allowing you to apply for immediate eviction if the tenant breaches a condition of the agreement, you would expect the Tribunal to honour the agreement made between the parties. If only it were so!

Both mediated agreements and consent orders often contain what is called a “Section 77” clause. Such a provision allows a landlord, on a breach by the tenant of a condition of the order/agreement, to apply to the Tribunal for an order, without notice to the tenant, terminating the tenancy and ordering payment of arrears.

The original mediated settlement or consent order most likely contained a promise to repay arrears, or to stop certain unwanted conduct. If the tenant doesn’t hold up the deal, detailed either in the mediated settlement or in the consent order issued by the member on consent of the parties, a section 77 clause allows the tenancy to be easily terminated by filing an application (at no fee and within 30 days of the

breach) along with a copy of the original order or agreement, and a statutory declaration swearing to the fact that the tenant failed to uphold his or her part of the agreement. Mediation wouldn’t exist without Section 77 of the Act, allowing the landlord to pull the trigger and get an eviction, without the time, risk and expense of another application and hearing, if the tenant fails to perform.

But lately, when landlords submit an L4 application, along with a copy of the order/agreement and details of the breach, instead of getting an eviction order, the matter is being sent to a hearing by the duty adjudicator for no apparent reason.

At the hearing, several things can happen.

If the landlord proves that the tenant breached the agreement, for example, not paying September’s rent, the adjudicator may honour the agreement and order eviction, but more often than not, even when it is acknowledged that a breach occurred, the adjudicator ignores the express conditions of the mediated settlement or consent order, and grants relief from eviction and another chance for the tenant. This relief is granted under section 84 of the TPA. The Tribunal Members generally accept the fact that Bahl and Bahl v.

Gomes and Gomes, a Divisional Court appeal from September of 2001, stands for

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IHM News

the proposition that section 84 relief from eviction may be doled out in a hearing held pursuant to a breach of a condition of a mediated agreement or consent order.

Mediation and consent agreements, along with section 77 of the Act, encourage deals to be made and tenancies to be rehabilitated. It is consistent with the spirit of the TPA, which is to maintain tenancies rather than end them. However, the discretionary nature of the section 77 order (called an ex parte order as it is issued without notice to the other party) which lately, are being issued sparingly, makes it frustrating for landlords who make agreements in good faith, providing the tenant with a second chance, only to find that the agreement that they turned their minds to in mediation isn’t respected and acted upon by the Tribunal if the tenant fails to perform.

Golf Tournament Rob Rowe and Lee Campbell organized the 2005 IHM Eastern Chapter best ball golf tournament on Wednesday, September 28th, 2005 at the Collonade Golf & Country Club. There were 12 participants with Anabel Almeida recognized as the top woman golfer and Mike Hobbs as the top male golfer. After a great day on the course golfers were joined by other IHM members at a local restaurant for food and fun. The organizers of this year’s event have challenged participants to each bring a friend for next year’s event.

A good time was had by all those who participated. Especially our President!

The real danger is that landlords will try their luck with the adjudicator and seek eviction, rather than trying to work things out with the tenant to rehabilitate the tenancy, because they doubt that they can achieve the eviction if the tenant fails to live up to his or her side of the bargain.

And remember, nobody forces the landlord or the tenant to consent to a mediated settlement or a consent order. They do it of their own free will rather than take their chances and have the Member hear the merits of the application. Like other agreements arrived at with fully informed consent, they should be respected as the true wishes of the parties. I don’t know what has caused this recent shift away from granting ex parte order on a breach, but whatever the reason, the application of the law in this manner puts the entire negotiation and mediation process at risk.

Harry Fine is the President of Landlord Solutions, a company supporting landlords at the Ontario Rental Housing Tribunal and Small Claims Court. Harry is a former adjudicator with the Ontario Rental Housing Tribunal, leaving there in November of 2004 to start his own firm. Harry's extensive experience and understanding of what the adjudicator needs to hear gives his clients the edge.

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IHM News

IHM News

Electric & Gas Powered Recreational Vehicles Policy

by Ed Cipriani

Over the summer months, you may have experienced complaints from residents living in our communities regarding children and in some cases adults speeding up and down on your roadways, sidewalks and parking lots on electric or gas powered recreational vehicles.

Over the summer there was a massive sales pitch on these products by retailers. Drug stores advertised the electric scooters and hardware stores are selling Pocket Bikes.

Since the prices are coming down on these items, they become more accessible to everyone.

Some issues relating to these vehicles may prompt a policy to be created. Storage of gas vehicles in side of a home is not recommended. Gas and oil vapours combined with a gas appliance in the unit, such as a gas furnace or water heater may cause a fire/explosion.

Safety of pedestrians, the physical surrounds and the rider of the vehicle become a serious issue. The speeds of these vehicles can be excessive and can cause physical harm to the rider and pedestrians and they may damage site surroundings.

There are a number of different types of gas and electric powered recreational vehicles with each having their own requirements under the Ontario Highway Traffic Act (HTA) and the Federal Motor Vehicle Safety Act (MVSA). When preparing a policy you may be required to identify the most common electric & gas powered recreational vehicles being used. The items listed below are some of the most common electric & gas powered recreational vehicles.

Winter 2005

Electric motorized scooters are (also known as Go-Peds) can not be operated on roads in Ontario.

While these vehicles appear to fall within the definition of a motor vehicle under HTA, they do not meet the provincial equipment safety standards for on-road use.

As such, these vehicles may only be operated where Ontario's HTA does not apply, such as on private property. Anyone using a go-ped should contact their local municipality for by-laws pertaining to their use on sidewalks or bike paths. The Property Management may want to contact each municipality for the local by-law.

Pocket Bikes can not be operated on Ontario Roads. Pocket bikes are meant for closed circuit use only, not roadways. These bikes can be imported as a "restricteduse motorcycle."

However, in order to comply with the federal standards, a pocket bike would require a 17-digit vehicle identification number, reflectors and warning labels that clearly state these bikes are intended for off-road use only. The MVSA indicates pocket bikes are not intended for use on public roads.

Motor-assisted Bicycles also known as Mopeds can be operated on roads in Ontario. To operate these vehicles on the roadway driver must hold a valid G or M licence, must wear an approved motorcycle helmet, the vehicle must be insured and registered, passengers are not allowed. The motor-assisted bicycle must meet federal

safety standards for a limited speed motorcycle and finally the motor-assisted bicycles are not allowed to travel on 400 series highways. To distinguish what is a motor-assisted bicycle is a bicycle that is fitted with pedals that can operate at all times to propel the bicycle, it has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel, it has an attached motor run by electricity or has a piston displacement of no more than 50 cubic centimetres and finally it can not travel more than 50km/h.

Personal Mobility Devices also known as a motorized wheelchair and medical scooters do not require registration, licence plates, driver's licence or vehicle insurance.

Persons operating motorized wheelchairs are treated in the same way as pedestrians.

The expected behaviour of people using personal mobility devices is generally established by municipal by-laws.

Operators should check with their local municipality to ensure by-laws permit their use on sidewalks. A sidewalk should be the first choice for someone using a wheelchair or medical scooter. When there is no wheelchair accessible curb, the person should return to the sidewalk at the first available opportunity. If there are no sidewalks available, people using personal mobility devices should travel, like pedestrians, along the left shoulder of the roadway facing oncoming traffic.

Ed Cipriani, AIHM, C of Q, MAATO Building Sciences Co-ordinator Region of Halton

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