RHB Magazine Jan/Feb 2025 - Regional Association Voice

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Hot Topics:

LPMA discusses how careful tenant screening can reduce damages from fraud. pg. 49

HDAA describes several new bylaws, encampments in Hamilton, and the municipal land transfer tax. pg. 53

EOLO provides a detailed description on the City of Ottawa's anti-renoviction bylaw. pg. 57

RHPNS describes the association's advocacy efforts, highlights from the Law Amendments Committee presentation, and engaging party leaders prior to the next election. pg. 61

Check out the digital version of RHB Magazine for news from ARLA , the newest addition to RAV.

The Member Associations

RHPNS

PRESIDENT’S MESSAGE

LPMA marks 2025 with a new commercial lease

On behalf of LPMA, I would like to extend warm wishes for a happy and prosperous 2025. We are incredibly grateful for the continued dedication and support of our members and associates.

Looking ahead, we are planning to launch our commercial lease at a Lunch and Learn event in February to help members make the most of this invaluable tool. The lease is speci f cally designed to bene f t landlords managing commercial plazas or multi-use properties, and it offers strong protections and clarity to support their operations.

Understanding factors such as location, property type, lease terms, and market conditions can help members to better negotiate their agreements.

LPMA’s annual trade show takes place on April 8. This event is consistently our most highly attended and it provides an excellent platform for our associate members to showcase their products and services.

Warm regards,

REDUCING DAMAGES FROM FRAUD STARTS WITH CAREFUL TENANT SCREENING

Fraud in the rental housing industry takes many forms, from tenants intentionally withholding rent payments to altering credit reports and using stolen identities. Experts say that perpetrators are becoming increasingly creative in their methods, which places the onus on landlords to better protect themselves and their assets.

London lawyer Joe Hoffer says the fraud he encounters mainly concerns tenants who legally move into a unit and stop paying rent. They either lie about the reasons or are protesting the landlord’s limited right to increase the rent above the guideline. It’s not uncommon for tenants to accumulate $30,000 in unpaid rent, knowing that the landlord’s only recourse is to evict them and that the process will take at least a year.

“I think the problem is growing,” Hoffer notes. “We’ve always had tenants who have defaulted but because tenants are much more aware of the kind of delays at the Landlord and Tenant Board, and the kind of tactics they can avail themselves of in order to play out the string, we’re seeing that much more frequently.”

Strategies for defrauding a landlord in Ontario are plentiful online. Because scammers aren’t being held legally accountable, they let rent arrears accumulate to avoid paying their rent.

Hoffer recently represented clients against two rent strikers who stopped paying rent in April 2020 and depicted themselves as fghting for tenants’ rights. The frst received $40,000 in rent assistance from the City of Toronto, then vacated her unit and sublet it, keeping the money instead of paying her landlord. With the rent she saved, she purchased a condo. The other tenant moved out of his unit in 2018 and illegally sublet it to four tenants for more money than he had been paying, pocketing the rent payments. Both incurred substantial arrears before they were evicted in July 2024. Those arrears likely won’t be recovered, Hoffer says.

“These are such outrageous examples of fraud, all done in the guise of a rent strike.”

Another form of fraud involves squatting. In Windsor, several individuals broke into units in a vacant motel during the pandemic and refused to leave. They weren’t paying for electricity or

Richie Anand

rent and the police were reluctant to get involved. The Board took the position that the Residential Tenancies Act (RTA) applied because the electricity was on and one of the occupants, who had been paying weekly rent, had been in the motel for more than a month. Six months later, one of the individuals interfered with the electricity, creating a serious fre hazard. The City ordered the motel to be closed due to the threat of personal injury and the squatters left.

Hoffer says he hears of squatting situations only occasionally.

“Every once in a while, a tenant manages to get into a vacant unit. I would say it’s very rare.”

Tenants also commit fraud by withholding rent to pressure landlords not to fle an application for an above guideline rent increase (AGI), a statutory right to cover the cost of major building improvements. Hoffer says landlords need to apply to the Board on the basis that the tenant isn’t paying rent. The tenant will then allege that they are withholding rent due to maintenance issues, even though they have never fled a maintenance request.

Some adjudicators instruct the tenant to pay their rent to the Board until the hearing takes place. Once the hearing establishes that there are no maintenance issues, the money is returned to the landlord months later. In such cases, the landlord’s access to the revenue needed for building maintenance is delayed, increasing the leverage of tenants seeking to extract fnancial concessions from the landlord.

Under the RTA, it’s an offence for a tenant to interfere with a landlord in exercising a right under the Act, Hoffer says.

“Technically, legally, they are exposed to provincial offence charges and conviction.”

Brenda Maxwell is chief operating offcer of Rentcheck, a credit bureau specializing in tenant screening services based in Toronto. She says identity-based fraud has grown exponentially during the last 20-plus years as digital crime has become more sophisticated. It commonly involves altered, stolen or artifcially created identities used by fraudsters to gain products or services without paying for them.

Maxwell says fraud artists often pose as tenants and are approved by landlords who cut corners during the screening process. Once scammers have rented an apartment, they can escape detection for months. The delays in hearings at the Board, paired with fraudsters’ skill in using the legal system to their advantage, can add months to their stay at the landlord’s expense.

Fraudsters bank on their victims assuming that the information they provide is valid, Maxwell says. She recommends that landlords verify an applicant’s identity even before requesting a credit report to ensure that the credit data belongs to their applicant. Otherwise, landlords could be deceived into obtaining a credit report on a completely different person whose record appears to be excellent.

During the verifcation process, the landlord should examine more than one physical government-issued photo ID card, such as a driver’s licence or passport, and compare photos, full legal names, dates of birth, and signatures. Landlords should also confrm the authenticity of employers’ and references’ names and phone numbers when that information is provided by applicants.

A credit report — a summary of a person’s credit history, the type of credit accounts they’ve had, their payment history, and credit limits — can reveal identity-based fraud. It typically contains aliases used by individuals, as well as fagged occurrences of previous fraud, indebtedness patterns, and legal issues. When an applicant furnishes a print or digital personal credit report or credit score, Maxwell says landlords should verify it with the original credit report provider.

Not doing so is risky.

“By accepting personal credit reports and (credit) scores at face value, a housing provider may be

duped by a skilled digital fabricator who has altered either their own credit report or someone else’s to make them look fnancially healthy and reliable as a renter,” Maxwell says.

She also recommends that landlords check rental histories. They show an individual’s payment pattern specifcally for housing costs, as well as evictions and the degree to which they cared for the premises and complied with the lease. A rental history can also reveal that an individual with poor or incomplete credit data prioritizes housing costs above other fnancial obligations.

Thorough tenant screening can help prevent almost all fraud attempts, even those that are sophisticated, Maxwell says.

“Fraudsters depend on speed to get what they want. Housing providers who take the time to review every relevant detail are their worst nightmare.”

She also advises landlords to consider criminal background checks, online media searches for an applicant’s name in connection with crimes, and online mapping searches to ensure that applicants have provided legitimate previous addresses.

Many small landlords ignore basic tools, Hoffer says. These include using the LPMA lease, meeting with applicants before they sign the lease to determine the landlord’s comfort level with them, and making a copy of their photo ID so the landlord can compare it to the person moving into the unit.

Landlords should also check the credit of guarantors. Renters sometimes provide the names of friends or relatives who have insuffcient assets to cover rent payments if tenants default.

Sean McNally, a small landlord, says housing providers don’t know whether the documents they request, such as employment reference letters, are genuine. As part of his verifcation process, he independently confrms the company name and phone number instead of assuming that the contact information provided by the applicant is correct. He then calls that number and asks to

speak to a manager to check the veracity of the information in the rental application and reference letters.

“More and more, my business mantra is, ‘Take trust out of the equation,’ so do things where you’re not trusting individuals you don’t know,” he says. “With a lot of the research, it’s almost like you’re a PI to have the confdence that what you're looking at is correct.”

McNally warns potential tenants that he intends to check the information on their application, which helps to keep them honest, he believes. He also ensures that they provide a money order or certifed cheque instead of a personal cheque when they pay their frst and last month’s rent.

When he calls an applicant’s current and previous landlords, McNally often gives that person incorrect information, such as the length of time the tenant has lived in the premises. A landlord would know those details, whereas a friend masquerading as the landlord likely wouldn’t. Inconsistent information is another red fag. For example, an individual’s previous address sometimes appears in a credit report but isn’t listed in the rental application. Some potential tenants conceal an address due to a negative relationship with a previous landlord.

“That’s something I’ve seen and have uncovered,” McNally says. “It’s not black and white all the time, but you just want to confrm all of the information that you can.”

Despite the risks, Hoffer points out that the majority of landlord-tenant relationships are positive because landlords have researched applicants and tenants honour their commitments.

“We are not talking about all tenants,” Hoffer says of fraudsters. “We’re talking about this group that knows how to play the system and they can pick this up online. It’s happening more and more frequently.”

London Property Management Association (LPMA) is a non-profit organization, located in London, Ontario, Canada, that provides information and education to landlords.

LPMA represents the interests of both large and small property owners. The association has more than 400 landlord members representing approximately 35,000 rental units. Membership is open to landlords and property management professionals who own or manage one or more residential rental units. Ph: 519-672-6999 Web: www.LPMA.ca

Sign up online or call Tina Potter.

PRESIDENT’S MESSAGE

We hope everyone had a wonderful start to the new year and has many great things planned for 2025. The HDAA will be busy this year trying to fght some upcoming bylaws and will be receiving more updates on the rental licensing bylaw. We look forward to our events this year, including our dinner meetings, golf tournament in June, trade show in October, and some new networking opportunities.

- Daniel Chin, President, HDAA

Rental licensing bylaw

The latest update on the rental licensing bylaw was provided to the Hamilton Planning Committee on November 19, 2024. This update contained data collected from April 2022 to September 13, 2024. As of September 2024, 1,002 license applications were received and 289 licenses have been issued. The City’s compliance officers conducted proactive investigations of 1,910 properties past their application in-take period, which increased applications. Staff have identified 57.2 per cent of license applications have been received because of proactive enforcement. As the City expected to be cost neutral at 2,000 applications, it seems this program is not as cost effective as it should be; we hope the City considers this when deciding whether it should continue. The pilot program is due to conclude on December 31, 2025, and a staff recommendation report will be provided prior in Q4 of 2025 to explain how the licensing regime should continue.

Bylaws

The City of Hamilton has rolled out new bylaws for 2025, which include the new Vacant Unit Tax and Renovation Licence and Relocation Bylaw

The Vacant Unit Tax (VUT) is a one per cent tax of assessed value for properties that have six units or less that were vacant for more than 183 days the previous calendar year. Hamilton had delayed the tax after council unexpectedly struck down the bylaw in late 2023. It was revived and passed in 2024 to begin in 2025. It has been delayed as the Canada Post strike meant notice letters and information about the tax were not able to be sent to residents. The declaration period will start on February 10 and the deadline has been extended from March 31 to April 30.

The City of Hamilton’s Renovation Licence and Relocation Bylaw is in effect as of January 1, 2025. All landlords must apply for a renovation licence when issuing an N13 notice to tenants in Hamilton to vacate their rental unit for repairs or renovation. The renovation licence application must be submitted within seven days of issuing an N13 notice. The bylaw requires temporary accommodation or compensation for tenants exercising their right of first refusal to return to their rental unit after work is completed. The cost of a renovation licence will be $715 per unit, with an annual renewal fee of $125.

The Renovation Licence and Relocation Bylaw, together with the Safe Apartment Buildings, City’s Property Standards, and Vital Services Bylaws, form the new Hamilton Apartment Rental Program. The program aims to address unfair evictions, tenant displacement, and property standards within the City.

Hamilton encampments

Hamilton has voted to restart the ban on tents in parks starting in March 2025. Last year, after dozens of complaints from residents and strained City resources, the City voted to establish a sanctioned encampment site made up of tiny homes and expand the number of shelter beds within the shelter system. With that came a motion for a proposed encampment ban, which would prevent tents from being set up in parks within one kilometre of any shelter; a similar ban or exclusion zone is planned around the new Barton-Tiffany sanctioned site. At the last General Issues Committee meeting in January, another motion was brought to end the City’s encampment protocol of allowing individuals to stay in parks; it passed with a 13-2 vote. The motion also mentioned a recent Ontario Superior Court of

Justice finding that clearing encampments from parks doesn't violate Charter freedoms. This vote brings the City closer to re-enacting the former parks bylaw that prohibits overnight camping, which should be in place on March 6. A final vote at council will be required on March 5 to pass it formally.

Municipal land transfer tax (MLTT)

Residents who move within Hamilton and those who wish to move to the municipality will be happy to hear that, in an effort between the HDAA, Cornerstone Association of REALTORS®, Hamilton Chamber of Commerce, West End Home Builder’s Association, and the many residents of Hamilton, the City will not implement a municipal land transfer tax (MLTT). A staff report was presented at a General Issues committee meeting that presented several revenue-generating options the City could take, one being an MLTT like the one in Toronto.

On a home costing $750,000, an MLTT would add $11,475 of tax on top of the provincial tax of the same amount. This would make home ownership much harder and less attainable for many by placing an additional burden on buyers, especially first-time home buyers. Findings from a poll conducted by Abacus Data was presented at the meeting and Hamiltonians made it clear they do not support an MLTT, with a significant majority expressing it would limit their ability to afford homes and delay purchasing. Such a tax would have wider economic repercussions when it comes to consumer spending and economic activity, and would affect many businesses from home renovation companies to local retail businesses. On the rental front, the MLTT would lead to higher purchasing costs for landlords, which would likely be passed onto tenants through higher rents. It could also discourage investors from wanting to purchase in Hamilton altogether, which would affect supply issues and drive up rents. We hope this will be the last we hear of such a proposal; if it does recur, Hamilton would also need to receive permission from the Province of Ontario to proceed with such a tax, which it has already said it would not support.

Past events

November 13, 2024 – Dinner meeting

The HDAA was excited to have the Hamilton Fire Department join us at our last dinner meeting to speak on fire safety and tips for housing providers. Brent Woodfine, Fire Inspector with the Hamilton Fire Department, discussed the resources available to landlords, such as being able to enter a unit without notice or a warrant to deal with fire issues, and the importance of keeping up to date with fire standards. Often, fires are due to expired smoke alarms, and it is vital to make sure these are working properly and tenants have not disarmed them. Landlords should also make sure to keep up to date records as it can be helpful when fires occur, fines are issued, and insurance becomes involved. He also discussed what is needed and what landlords should do during fire alarms in larger buildings and resources available to help with tenants who have hoarding tendencies.

The HDAA was also joined by Crime Stoppers who spoke on what resources are available for housing providers and residents in general to help stop crime in their community. Crime Stoppers is a fully anonymous tip line and funded by donations. They re-enact crime to help spark potential witnesses’ memory and generate tips to help solve crime. They can be a great resource for landlords who can tip anonymously about potential crime occurring in their buildings.

January 8, 2025 – Dinner meeting

The HDAA had another dinner meeting on January 8. We were joined by Brian Hogben from Mission35 Mortgages, who provided an excellent presentation on mortgage changes and what to expect in the coming year. We were also excited to introduce three new members of our board of

directors: Tom Cahill, Ruth Lewis, and Jason Zang. They bring a wealth of experience and knowledge to our board.

Tom Cahill is a seasoned professional with over 16 years of leadership experience in sales, marketing, and operations management. As the founder of Real Property Management Haven in Hamilton, Tom has brought his expertise in business development and operations to the property management sector. Previously, Tom held senior roles in the medical device and diagnostic industries, where he managed cross-functional teams, drove substantial revenue growth, and cultivated strong relationships with government and industry stakeholders.

Ruth Lewis has been an active HDAA member for numerous years, joining the group at City Hall and meeting with councillors. She holds both a real estate and mortgage license and continues to sell and finance investment properties.

Multi-Housing Specialist

She owns Bayside Property Management Inc., a small property management company she runs with her daughter. She has also collaborated with non-profits for many years, assisting in housingchallenged clients.

Jason Jiancheng Zang is an entrepreneur and business leader specializing in providing modular cabinetry and countertop solutions for multi-unit residential projects. He began his career in the construction industry after graduating from Western University and founding the AEON Group of Companies. Jason has been recognized for his entrepreneurial achievements with accolades, including being named one of 20 Under 40 by London Inc. Magazine in 2023 and Business London’s Twenty in their 20s by London Free Press in 2021. Beyond his professional endeavours, Jason is dedicated to giving back to the community through volunteer work and active participation in industry events.

Upcoming event

March 5, 2025 – Dinner meeting

The HDAA will be holding our next dinner meeting on March 5. Make sure to mark your calendars and keep an eye out for our emails for more details.

Jason Jiancheng Zang
Tom Cahill
Ruth Lewis

Chair’s message

The City of Ottawa’s 2025 Budget included a 3.9 per cent tax levy increase, which is lower than some recent increases in other cities. However, as decided in the spring, solid waste charges will increase on April 1, 2025, for both multi-residential properties and residential properties (six units and fewer).

In November, the City continued the Vacant Unit Tax (VUT), and increased the rate of the tax for continuing vacancies. Currently, the VUT applies only to residential properties. EOLO sought to avoid the increase in the VUT rate, but lost at City Council by a vote of 14 to 10.

- John Dickie, Chair, Eastern Ontario Landlord Organization

Latest City of Ottawa moves on an anti-renoviction by-law

At its meeting on January 22, 2025, Ottawa City Council voted to have City staff proceed with the exploration of a by-law to impose conditions on Ottawa landlords who issue N13 notices to terminate tenancies for renovations.

As staff and the Councillors recognize, the City cannot overrule provincial law. Whatever conditions the City adds, the Landlord and Tenant Board will decide on terminations and evictions. If the City were to try to require so much that the conditions amounted to banning terminations for renovations, such rules would be invalid.

However, the goal is to prevent inappropriate use of N13 notices. EOLO agrees with the Federation of Rental-housing Providers of Ontario (FRPO), and provincial law, that N13 notices should not be used in bad faith. However, we are concerned about the unintended consequences of a City by-law and the risk of overreach. A number of Councillors were sympathetic to both of EOLO’s concerns.

Over the next year of study, the key issue will be what requirements City staff recommend be included in a City by-law. EOLO intends to provide the industry’s input to seek to minimize the impact of new rules on legitimate renovations, major repairs, and demolitions.

The staff position

City staff recommended against the development of an Ottawa Renovation License and Relocation By-Law at this time. That advice was based on provincial jurisdiction, the as-yet unproclaimed provincial reforms in Bill 97, the lack of knowledge

of the impact of the Hamilton by-law on terminations for renovations, the costs to the City, and the lack of City of Ottawa resources (which were committed to other by-law review work).

The Committee’s decision

Based on discussions before its consideration on January 15, the Planning and Housing Committee had recommended putting off two other by-law reviews that are in the current work plan, namely reviews of the by-laws regulating the use of leafblowers and the provision of body-rub parlours. Understandably, they decided addressing the fouryear old housing emergency should take priority.

Both staff and the Committee had recommended asking the province to increase funding for tenant education and assistance, and to implement Bill 97 within three months. (Bill 97 has been enacted but not brought into force.) That is being done.

The Bill 97 reforms

When it is brought into force, Bill 97 will require the following additional steps by landlords:

• Include with the N13 notice a report from a person with prescribed qualifcations confrming renovations are so extensive that they require vacant possession of the rental unit and meet any other prescribed requirements

• Without delay, provide tenants who give notice of their intention to return after renovations with a written estimate of the completion date for the renovations and any changes in that date

• Without delay, provide such tenants with written notice that the unit is available for occupancy

• Give such tenants at least 60 days after the unit is ready to occupy the unit again

If a landlord fails to provide the proper notices or respect a tenant’s right of frst refusal, a tenant will be able to apply to the Landlord and Tenant Board for remedies within two years of moving out or six months after the repairs or renovations are completed.

Under the Residential Tenancies Act as it stands without Bill 97, most tenants who vacate pursuant to an N13 notice are entitled to three months rent and the right to return to the renovated unit at close to the old rent.

What rules have other cities enacted?

The Hamilton by-law

The City of Hamilton recently enacted Ontario’s frst “anti-renoviction by-law,” which came into force on January 1, 2025. It includes these provisions:

• A landlord must submit an application to the City within seven days of serving an N13 for repairs or renovations, paying a fee of $715 per building (if all the N13s are issued at the same time under the same building permit)

• The landlord must provide the City with their building permit and a report prepared by an engineer or architect certifying the repair or renovation requires vacant possession

• The City is to inform a legal clinic or housing help agency of the N13, for them to reach out to the tenant

• The landlord must provide the tenant an information package prepared by the City and the tenant advocacy agencies

• The landlord must provide a Tenant Accommodation or Compensation Plan to provide tenants who choose to return to their units with temporary, comparable housing at similar rents to their current rents, or provide monthly rent-gap payments to cover the rent difference between their current rent and the Hamilton-wide average market rent per CMHC, with tenants fnding their own temporary housing

• Where the tenant chooses not to return to the unit after the renovation or repair work is complete, the landlord must provide the tenant with a prescribed severance compensation

• Fines for non-compliance

• Units must be rented to returning tenants at the same rent as if the tenancy had not been interrupted (which is also provincial law)

The Toronto by-law

The City of Toronto is also adopting an anti-renoviction by-law. Some details are still to be fnalized, but as of now the program is expected to include many of the same provisions as the Hamilton by-law, and several more. Besides the rent gap compensation, landlords are to pay tenants moving allowances of $1,500 for a studio/one-bedroom unit, or $2,500 for a two-or-more-bedroom unit. If the tenant leaves and returns to the unit, that would be paid twice. If the tenant leaves and does not return, that would be paid once. Potentially worse, the rent-gap compensation is to be based on the higher of the post2015 average market rents in the neighbourhood or across Toronto as a whole. Toronto also contemplates publishing the status of all such applications in a public registry, and higher fnes than Hamilton expects to impose. Toronto does include an exemption for emergency repairs. Its by-law is to come into force on July 31, 2025.

Major reasons Ottawa City staff recommended a delay were to see the effect of the other Ontario by-laws and to see if they are upheld by the Ontario courts.

EOLO’s arguments and the views of the dissenting Councillors

In its submissions at the committee and to Councillors, EOLO supported the staff report, including the argument the matter was one of provincial jurisdiction. We also pointed out that many policy moves have unintended consequences and any moves that discourage the provision of rental housing could easily make more unidentifed tenants worse off than the identifable tenants who are made better off.

Out of the 24 Councillors who voted, six opposed the motion for staff to proceed with the study of a by-law. Three of those six spoke on the issues: Councillors Steve Desroches, Matt Luloff, and David Hill. They variously emphasized:

• The issue falls under provincial jurisdiction

• The unintended consequences

• The likely negative effect on overall rental supply

The other Councillors who voted against the study were George Darouze, Wilson Lo, and David Brown.

Other Councillors voted for the study but spoke of their view it should stop if Bill 97 is brought into force (Cathy Curry and Allan Hubley), or careful attention should be paid to the unintended consequences and trade-offs (Allan Hubley and Glen Gower).

In his remarks, Councillor Hill said:

"This motion gives no consideration to the second and third order impacts of a municipal policy that would add cost and time to a rental market that is already overheated and bogged down in process.

The simplest and most effective way to [reduce rents] is through increasing supply. Looking at N13 notifcations as a ‘bad thing’ is an oversimplifcation of a complex ecosystem. There are very legitimate times that an older building needs intrusive maintenance for health and safety reasons. … Surge maintenance cycles are important to ensuring that buildings don’t turn into slums – and adding regulations that restrict landlords from these processes will cause building degradation.

Opportunities to turn a duplex into a triplex – that gradual intensifcation that our new of fcial plan espouses – will be usurped.

Our policy focus should be on increasing the rental [supply] in order to stabilize [rents], to incentivize a broad representation of good-faith landlords, and to support provincial measures that focus on the punitive options available to deal with both bad faith landlords and tenants in order to improve the overall health of our rental market. Finally, there will be a Federal election this year. There are very clear signals that Housing Accelerator Funding from the Federal government could become much more targeted based on municipalities reducing red tape and building more housing. Duplicating provincial regulation with an independent municipal renoviction bylaw may well contribute to endangering tens of millions of federal dollars due to its impact of adding delays to building renovations and much needed vertical infll development, making rent more expensive and adding to the already rampant infation, affordability and quality of life issues that we face."

EOLO and the rental housing industry could not have said it better.

BECOME AN EOLO MEMBER NOW!

EOLO invites Ottawa area landlords to join the organization. Have your interests and concerns heard, and benefit from EOLO’s support. As an EOLO member, you will be able to:

• Receive prompt emails of relevant City rule changes

• Attend two networking receptions a year

• Attend two free education events a year

• Receive all 6 annual issues of RHB Magazine with current developments, City and provincial funding programs, and landlord-tenant laws.

To apply for membership, go to www.eolo.ca, download the membership application form and send it to us at the contact info on that website.

The Investment Property Owners Association of Nova Scotia (IPOANS) rebranded in the fall of 2024 to the Rental Housing Providers Nova Scotia (RHPNS) to better reflect its role in representing Nova Scotia’s apartment rental owners, who provide homes to over 300,000 Nova Scotians. RHPNS continues to focus on its three pillars: advocacy, education, and

After recalibrating policies over the summer, RHPNS began a busy fall with an early legislative session where housing supply and affordability took centre stage. Q4 proved to

Law Amendments Committee presentation highlights

The Progressive Conservative government stood firm, tabling Bill 467, Interim Residential Rental Increase Cap Act (amended) and Residential Tenancies Act (amended). These measures extended the 5% rent cap to December 31, 2027, and introduced several amendments RHPNS had long advocated for:

Shortened eviction timelines: Landlords can now begin eviction proceedings after three full days of unpaid rent, with tenants given 10 calendar days to respond, replacing the previous 30-day process.

New grounds for eviction: Grounds now include criminal behaviour, disruptive actions, habitual late payments, and significant willful property damage.

• Prohibition on subletting at higher rents: Ensuring fairness in rental agreements.

• Publishing tenancy decisions: Promoting transparency and accountability.

At the September 16, 2024, Standing Committee on Law Amendments, RHPNS voiced concerns over Bill 467 and its continuation of rent control, which has proven counterproductive. Before rent control’s introduction in 2020, Nova Scotia experienced moderate rent increases compared to rent-controlled jurisdictions like Ontario and BC. Since then, rent caps have contributed to skyrocketing rents for new builds, diminishing rental stock, and increasing homelessness. A positive note in Bill 467 is the preservation of fixed-term leases, a critical tool for addressing emergency and supportive housing needs. Data from our larger members, representing over 12,500 units, show fixed-term leases are minimally used—only 2.3%—yet they are vital for partnerships with organizations like Adsum, Shelter Nova Scotia, and YWCA to provide emergency and transitional housing.

Our surveys indicate that 87% of fixed-term leases are unrelated to the rent cap, and over half support first-time renters, dispelling misconceptions that they are exploitative. Restricting fixed-term leases risks undermining the housing options available for vulnerable populations. RHPNS continues to advocate for policies grounded in data and fairness, ensuring the housing sector remains robust and responsive.

Nova Scotia provincial election: Engaging party leaders for solutions

The announcement of an unexpected October provincial election prompted RHPNS to issue a leaders’ survey, seeking answers to key questions affecting Nova Scotia’s apartment rental industry.

Survey preamble

RHPNS represents over 50,000 residential rental units across the province, with 91% of the 6,289 landlords being small apartment operators, according to a 2021 Gardner Pinfold report.

RHPNS members play a vital role in addressing housing needs, often partnering with government and non-profits to provide critical housing solutions. It is essential for elected officials to collaborate effectively with our sector to tackle the ongoing housing crisis.

In light of the upcoming provincial election, RHPNS posed six key questions to all political parties, seeking clarity on their housing policies. Responses were to inform members on what to expect from each party as they prepare to cast their votes.

Survey questions

Question #1: The rent control regime announced in 2020 and extended contrary to the recommendation of the independent Affordable Housing Commission in 2021 has resulted in financial losses for rental housing owners/operators, the sale of rental housing properties, reduced property maintenance, the removal of affordable housing supply from the marketplace, and increased homelessness. What will your party do to reverse the damage inflicted by Nova Scotia’s rent control regime on rental property owners and tenants?

Question #2: Fixed-term leases are often the only way rental housing is provided to economically vulnerable renters, including first-time renters, persons with a poor credit history, students, seniors, and new Canadians. Fixed-term leases are used to provide housing to clients from such not-for-profit organizations as Adsum for Women and Children, North End Community Health Centre, Elizabeth Fry Society, Shelter Nova Scotia, Tawaak Housing Association, Welcome Housing, YWCA, Phoenix for Youth, and John Howard Society.

A 2024 survey of our members showed that changes to end or restrict fixed-term leases would result in less rental housing for supportive housing organizations; less rental housing for students; and less rental housing for financially precarious individuals. The survey also showed that ending or restricting fixed-term leases would result in the sale of rental housing properties, leaving rental units empty or repurposing the property to another use, affecting 5,000-10,000 rental housing units in the province. What will your party do to protect the benefits that fixed-term leases offer to those most in need of affordable housing?

Question #3: The Nova Scotia government has refused to introduce a compliance and enforcement unit for residential tenancies, as recommended by the report from Davis Pier that it commissioned. The cost to create and maintain such a program was cited as a reason not to proceed, among others. Although RHPNS still supports the creation of such a unit, as an alternative, will your party support redirecting the $3 million in funds that would have been allocated to create and maintain compliance and enforcement to hiring more Residential Tenancy Officers in the Residential Tenancies program to improve the administration and delivery of the program?

Question #4: In 2021, we informed all three Nova Scotia party leaders that a 2018 report from Turner Drake concluded that the Nova Scotia Capped Assessment Program (CAP) resulted in rents $7 to $17 higher per rental unit. The same report also noted that low-income renters are impacted disproportionately and that the longer the CAP remains in place, the more it will add to rental prices that tenants pay. To make rental units more affordable for tenants, will you either eliminate the CAP or extend it to include rental properties so that they pay the same stable tax rates as single-family residential homeowners?

Question #5: In 2021, we asked the three Nova Scotia party leaders to commit to a feasibility study around establishing an Emergency Rent Bank, a government sponsored initiative for tenants to honour their commitments to pay the rent through a direct payment to rental housing providers. Last year, New Brunswick set up such a program. Will you help tenants and rental housing providers resolve non-payment of rent by creating an Emergency Rent Bank?

Question #6: Many rental housing providers, including staff, are reporting increased incidences of threats made against them, in person and on social media. Many of these affected individuals are female and racially diverse individuals. Political and activist rhetoric targeting rental housing providers is unfortunately giving license to these threats, which have included threats of violence requiring law enforcement being contacted. What steps will your party take to engage in more responsible, constructive dialogue related to rental housing issues to reduce the risk to rental housing providers and protect their right to operate in a safe workplace?

Unsurprisingly, the party leaders’ responses reflected the partisan debates and positions taken during the fall legislative session.

RHPNS actively monitored and corrected misleading statements, including a claim by the NDP leader that rents had increased by 70%. RHPNS clarified that CMHC data showed increases of 22% in 2022 and 2023.

The election resulted in a Progressive Conservative supermajority, winning 44 of 55 seats. The NDP gained traction in Halifax Regional Municipality—home to 85% of Nova Scotia’s rental stock—securing nine seats and becoming the official opposition, while the Liberals were reduced to just two seats.

Education

RHPNS launched its revamped Residential Property Management Course, attracting 22 participants. The new format condenses the program into three focused modules:

• Legal Resources and Residential Property Management Standards (30 hours)

• Human Relations for Residential Property Managers (20 hours)

• Marketing and Financial Planning for Residential Property Managers (20 hours)

The Building Service Excellence Course is set to launch in May, with registration opening in January.

Membership services

Women in Industry event

The third annual event, titled LeadHERship and Legacy: Harnessing the Power of Building Bridges in Industry, was held on November 5 with over 200 attendees. The event celebrated women’s contributions to the industry through a dynamic panel discussion.

2025 premium

events

RHPNS Awards Gala and Trade Show (April 22): Featuring keynote speaker Jon Love, with over 400 attendees expected. Nominations for Innovation & Excellence Awards close on March 21, 2025.

Residential Tenancies Forum (June 13): Sponsored by YARDI, with over 200 attendees anticipated. Membership growth and newsletter

RHPNS saw a net membership increase of 6.7% in 2024, reaching 194 members despite losing 20 who exited the industry. This growth reflects the industry’s recognition of RHPNS’s vital advocacy and support. The Multi-Res Newsletter expanded its subscriber base from 1,200 to 1,300, ensuring timely updates and insights for members.

RHPNS is committed to being the Positive Voice of Landlords providing members Advocacy, Education and Membership Services Programs. RHPNS lobbies all levels of government and industry stakeholders to ensure a balanced and competitive rental market. RHPNS believes there is strength in numbers, when RHPNS speaks on industry issues stakeholders listen.

211 Horseshoe Lake Drive, Suite 112, Halifax, Nova Scotia, B3S 0B9

Executive Director: Kevin Russell, Email: kevin@rhpns.ca T: 902-425-3572

EXECUTIVE DIRECTOR’S MESSAGE

The past year was significant for ARLA, marked by our growing membership and numerous accomplishments. We take pride in our efforts to advocate for our membership’s needs while providing essential training, information, and networking opportunities.

Moving forward in 2025, we look forward to making our events even more successful! We will continue to keep our members informed on relevant municipal and provincial issues and market updates through regular email broadcasts.

What’s happening in Edmonton?

The City of Edmonton will have its next election on October 20, 2025. ARLA will be sending a letter to all candidates to provide their stand on a variety of issues, including property taxes, safety and security issues, the City’s Economic Action Plan, organic waste concerns, and more. With respect to property taxes, the City of Edmonton has committed to phasing out the multifamily tax rate by 2029. The residential tax rate is currently 9 per cent lower this year than the multifamily rate. It’s a positive step forward for multifamily property owners. However, we would like to see the City’s decision expedited to have this tax class phased out by 2026.

ARLA meets regularly with Edmonton Police Services to discuss any issues or ideas for helping our members keep their buildings and tenants safe and secure. Our March presentations will speak to safety and security in Edmonton with guest speakers including the NET Team (Neighbourhood Empowerment Team), Crime Free, EPS, Boyle Street, and 211.

Waste removal

ARLA is preparing a letter to the City of Edmonton once again with respect to letting rental housing providers procure and take responsibility for their own waste removal.

The multifamily housing sector faces unique challenges in managing waste efficiently and sustainably. The current municipal waste management services, while comprehensive, often do not fully address the specific needs of multifamily properties. We are now seeing many of these issues as we move further into the changeover with the City Waste Team. Allowing the option to contract private waste management services would provide several benefits:

1. Customization and flexibility: Private contractors can offer tailored solutions that better fit the diverse needs of multifamily properties, ensuring more efficient and effective waste management.

2. Cost efficiency: Competitive pricing from private contractors can potentially reduce waste management costs for property owners and tenants.

3. Enhanced recycling and organics programs: Private contractors often have advanced capabilities and innovative approaches to recycling and organics collection, which can significantly improve sustainability efforts.

4. Improved service levels: With the ability to choose from multiple service providers, multifamily properties can ensure higher service standards and accountability. This would also assist with affordability to our residents at a time when all savings are beneficial.

We will continue these efforts with the upcoming candidates and City Council members.

Upcoming changes to the RTA

ARLA is working with the Alberta Law Reform Institute on some updated changes to the Residential Tenancies Act. This is a very slow process and ARLA has sent a list of issues that they would like to see reviewed directly to the Minister of Service Alberta and Red Tape Reduction.

Security deposit interest rates for 2025

The rate of interest to be paid on tenant security deposits by landlords, effective January 1, 2025, will be set at 1.00 per cent.

By an Order in Council passed on September 8, 2004, the Security Deposit Interest Rate Regulation set a permanent formula setting the yearly interest

Donna Monkhouse

rate payable on security deposits. The formula takes the interest rate that ATB Financial is charging for its cashable one-year guaranteed investment certificate (GIC) on November 1 of the previous year and subtracts 3 per cent from that rate.

ATB Financial’s rate for cashable one-year GICs on November 1, 2024, was 4.00 per cent. As a result, the interest rate for security deposits held under the Residential Tenancies Act or Mobile Home Sites Tenancies Act for 2025 will be 1.00 per cent.

Landlords must pay any interest owing to their tenants annually at the end of each tenancy year, unless both parties agree in writing that the interest will not be paid annually, in which case the interest must be compounded annually.

In 2024, the interest rate to be paid on security deposits was 1.6 per cent. This was the first-time landlords were required to pay interest on security deposits since 2009. Landlords and tenants can use the security deposit interest calculator to determine the amount of interest that is owed based on the regulated interest rates. The calculator can be found at http://www. servicealberta.gov.ab.ca/interest-chart.cfm.

Additional educational and awareness materials for landlords and tenants are available at https://www.alberta.ca/information-forlandlordsand-tenants. For more information, contact the Service Alberta and Red Tape Reduction Consumer Contact Centre at 1-877427-4088, or by email at rta@gov.ab.ca.

Investing in Alberta’s rental properties: Join ARLA for unmatched bene fts

If you invest in rental properties in Alberta, consider joining the Alberta Residential Landlord Association (ARLA) for numerous compelling reasons. Your membership supports advocacy for the Alberta multifamily housing industry, education, and much more. Alberta is one of three provinces in Canada without rent controls, and ARLA is dedicated to maintaining this status. We consistently advocate to ensure our voices on issues and solutions are heard. The absence of rent controls provides choices for tenants and keeps rents affordable. Despite Alberta experiencing one of the highest percentage rental increases in 2024, rents remain more affordable than in many other provinces, offering competitive rental prices.

In 2024, ARLA published a research document on Alberta’s rental market dynamics and policy landscape, which is available on our website. Increased migration and demographic trends in Alberta have impacted rent prices due to supply constraints. Housing providers face higher costs for mortgages, utilities, property taxes, and maintenance, affecting profitability. Over the past decade, Edmonton has led with some of the lowest rent prices and smallest increases. Average rents in Alberta saw little to no increase from 2013 to late 2024. We invite you to read the report to learn more about Alberta’s rental market.

ARLA is a non-profit, membership-based association that educates and advocates for housing providers in Alberta. Established in 1994, we have a strong and growing membership. We provide all forms required to satisfy the Residential Tenancies Act (RTA) in Alberta. Our monthly seminars, webinars, and luncheons cover a range of relevant topics. We also have a network of reliable service providers for our landlord community.

Each year, we host a trade show and an awards luncheon to honour industry professionals. This year’s event will be held on April 25, 2025, at the River Cree Resort. Don’t miss this great event, and if you are a member, remember to nominate your peers. We also organize a golf tournament at the Quarry, a sold-out event known for its great atmosphere. Our networking events, such as the appreciation BBQ and lawn bowling, offer additional opportunities for connection. Members benefit from discounts on forms and services, including insurance, credit checks, and RTDRS representatives. We also offer an RTA workshop webinar four times a year and an online RTA course called SuiteSmarts.

We provide monthly updates on government issues, industry news, and market trends. With Edmonton’s municipal election approaching, we are preparing our issues for the candidates to help our members make informed decisions. We are collaborating with other associations on waste management issues in Edmonton to control contractor costs. We stay actively involved with government activities to ensure our voice is heard. ARLA welcomes members from single-unit landlords to large-scale landlords and REITs, as well as not-for-profit groups. If your company is a member, all employees can participate in ARLA events and activities.

Discover the many benefits of ARLA membership by visiting our website at www.albertalandlord. org or contact us to learn how you can benefit from becoming a member.

Past events

November 15, 2024 – AGM and Christmas Luncheon

ARLA members got together at the Chateau Louis Conference Centre for the AGM and some holiday cheer. Over 200 members got together to have fun, share drinks and food with their peers, enjoy the entertainment, and take home a lot of prizes. Check out our Facebook page for photos of the festivities. We hope to see you at the AGM and luncheon next year.

Future events

February 7, 2025 – RTA Fundamentals Workshop Webinar

9:30 am – 12:30 pm

This webinar is presented by Chrystal Skead, CPM, ARM, Clear Stone Asset Consulting, who has more than 30 years of experience in managing multifamily, condo, and mixed-use properties. This workshop empowers attendees and their teams with being compliant in their rental business by learning to navigate the Residential Tenancies Act.

This workshop will cover:

• How to legally handle a security deposit

• How to screen new residents

• The rights and covenants of landlords and tenants

• The requirements for completing Premises Condition Inspection reports

• The difference between a fixed term, periodic, and implied periodic tenancy

• How to identify and handle non-tenants

• Legal entry of the premises by the landlord

• Laws restricting rent increases

• Assigning and sub-letting leases

• How tenancies may be terminated

• Different types of evictions, how they are issued, and use of the Dispute Resolution Service

• How to identify and handle an abandoned premises and goods

• Domestic violence updated legislation ARLA offers the RTA Fundamentals Workshop four times per year. Members pay $75.00 to attend; non-member pricing is $125.00 per person.

February 19, 2025 – Morning presentation and general meeting luncheon

10:00 am – 1:00 pm

Chateau Louis Conference Centre

Our February luncheon will include speakers from CMHC, Edmonton Economist, and Alberta’s Economist. We hope they will provide us more positive vibes for Edmonton and Alberta.

April 25, 2025 – Landlord Resource Trade Show and ARLA Achievement Awards

Join us at the River Cree Resort & Casino for this must-attend event. Save the date and check the website for more details.

Other future events

March 19 – Morning presentation and general meeting luncheon

July 11 – Member Appreciation BBQ August 7 – ARLA Golf Tournament

For more information about becoming a member of the Alberta Residential Landlord Association (ARLA) please feel free to email donna@ albertalandlord.org or you can call our office directly and speak to us at 780 413 9773. Visit our website at www.albertalandlord.org to learn more about us!

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