TEC-00108-14 (Re), 2015 CanLII 19647 (ON LTB)
Order under Section 94.7
Residential Tenancies Act, 2006
File Number: TEC-00108-14
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1. The Applicant, A.G.C.H.I.
(the 'Co-op') applied to the Landlord and Tenant Board (‘LTB’) pursuant to
subsections 94.2 (1)1 and 94.2 (1)3 of Part V.1 of the Residential Tenancies
Act, 2006, S.O. 2006 c.17 as amended (the ‘RTA’) for an order to end the occupancy of the
member unit and evict the Co-op Members R.P. and G.P. (the 'Co-op Members')
because the Co-op Members did not pay the regular monthly housing charges that
the Members owe with respect to the Member unit and because the Co-op Members
have persistently failed to pay the regular monthly housing charges in relation
to the Member unit on time.
2. The Co-op served the
applications together with the Notice of Hearings on the Co-op Members on
December 18, 2014 in accordance with Rule 34.3. I have reviewed the Notices of
Termination filed with the Applications and find that they comply with the
requirements of subsection 94.4(2) of the RTA.
3. The parties attended
a Case Management Hearing (CMH) in Whitby on January 26, 2015 and were unable
to resolve the issues in dispute. As a result, the application proceeded to be
considered by me on its merits.
4. The combined application was heard in Whitby on February 24, 2015. L.W. attended for the Co-op and was represented by B.W. The Co-op Members also attended the hearing and were self-represented.
Housing Subsidy:
5.
The Co-op Members asked the Board to re-instate a housing subsidy
that had been removed by the Co-op. They refuse to pay any of the regular monthly
housing charges until this subsidy is re-instated.
6. Section
203.1 of the RTA states the following:
The
Board shall not make determinations or review decisions in respect of
non-profit housing co-operatives concerning,
(a) housing charges that have been established by a resolution of the members of a non-profit housing co-operative or, where authorized by the by-laws of the co-operative, by the board of directors of the co-operative;
(b) eligibility for, or the amount of, any subsidy established for the regular monthly housing charges; or
(c)
eligibility for, or the amount of, any subsidy awarded to a member.
7. Section 203.1 is an express legislative prohibition which prevents the LTB from considering subsidies of housing charges. That means the LTB has no power to re-instate the Co-op members’ subsidy or to consider the question of eligibility for continued housing subsidy at all.
8. I advised the parties of this at the hearing. R.P became verbally abusive towards me and was disrespectful of the LTB process in general. He was also disrespectful to the Co-op’s Lawyer and the Co-op’s employees.
9. R.P. demanded that the hearing be adjourned so that he could get legal advice. In the circumstances I permitted the Co-op Members to speak with the Legal Aid Representative. Unfortunately R.P. was also verbally abusive to the Legal Aid Representative was asked to leave their office. He threatened to commit illegal acts to obtain the money necessary to void the order and continue to reside in the unit. At the conclusion of the hearing R.P. continued to be verbally abusive and was escorted out of the hearing room by Security. He did participate in the entire hearing process.
Evidence on C1 and C2 Applications:
10. The Co-op
gave the following evidence in relation to the combined applications. The Co-op
Members have not paid any of the regular monthly housing charges in over a
year. The regular monthly housing charges are $925.00 plus $20.00 for late
fees. As of the day of the hearing the Co-op members owe the Co-op $15,598.00
for the regular monthly housing charges administrative charges and other
housing charges plus the application filing fee of $170.00 for a total of $15,768.00
11. The Co-op members did not dispute the submissions of the Co-op. It was their position that until the LTB or the Co-op re-instates the subsidy they have no intentions of paying any money. They agreed that the charges have not been paid and therefore that they have failed to pay the required amounts on the date they were due.
Findings:
12. The Co-op members have not paid the total regular monthly housing charges that they were required to pay for the period up to and including March 31, 2015. The amount outstanding for the regular monthly housing and other charges to March 31, 2015 is $16,543.00 plus the application filing fee for a total of $16,713.00.
13. The Co-op members have persistently failed to pay the regular monthly housing charges on the date they were due. As a result of not having paid any of the regular monthly housing charges for over a year it was conceded, by the Co-op members, that the monthly housing charges have not been paid on time.
14. There is a refundable deposit in the amount of $355.00. This amount is refundable to the Co-op Members upon termination pursuant to s.94.14(3) of the RTA.
15. Based on all the evidence presented to me I am satisfied that the Co-op Members have not paid the total regular monthly housing charges they were required to pay for the period up to March 31, 2015 in order to avoid termination of the Co-op membership and that they have persistently failed to pay the regular monthly housing charges on the date they become due and payable.
16. The reasons contained in this order constitute all of the reasons used to make my decision.
It is ordered that:
1. The Co-op membership is terminated. I have decided to delay the termination until March 31, 2015. The Co-op Members must move out of the unit on or before March 31, 2015. There is no possibility for the Co-op members to void this Order and continue their occupancy of the unit. This determination is based on the application for persistent late payment of the regular monthly housing charges.
2. The Co-op Members shall pay to the Co-op $16,378.00, which represents the amount of regular monthly housing charges owing and compensation up to March 31, 2015, less the refundable deposit plus the application filing fee.
3. The Co-op Members shall also pay to the Co-op $30.41 per day for compensation for the use of the member unit starting April 1, 2015 to the date they move out of the member unit. ($925.00 x 12months divided by 365 days.)
4. If the Co-op Members do not pay the Co-op the full amount owing on or before March 31, 2015, the Co-op members will start to owe interest. This will be simple interest calculated from April 1, 2015 at 3.00% annually on the balance outstanding.
5. If the member unit is not vacated on or before March 31, 2015, then starting April 1, 2015, the Co-op may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
6. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Co-op, on or after April 1, 2015.
March 17, 2015 _______________________
Date Issued William Burke
Member, Landlord and Tenant Board
Toronto East-RO
2275 Midland Avenue, Unit 2
Toronto ON M1P3E7
If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.