Ontario’s Pandemic Evictions, Explained
Last March, Premier Doug Ford pledged that “the government of Ontario will make sure that no one gets evicted.” The provincial government placed a temporary ban on evictions as the province went into lockdown, but this ended at the end of July.
Since then, the Landlord and Tenant Board (LTB) has pushed ahead with thousands of evictions in the midst of a pandemic that has killed thousands, led to tens of thousands to go into unemployment, and put us in yet another lockdown.
The rise of evictions is even more concerning considering that staying home is such a strong part of ensuring public health. Dr Adalsteinn Brown, Dean of the Dalla Lana School of Public Health at the University of Toronto and co-chair of Ontario’s COVID-19 science advisory table, pointed out the eviction bans help control the spread of COVID-19.
Bill 184
The Ford government put forward Bill 184 (ironically named the Protecting Tenants and Strengthening Community Housing Act) at the end of July that introduced several provisions that have made tenants liable for eviction if they were, “a day late of dollar short,” when paying rent.
Disputes regarding evictions, late, or unpaid rent used to be resolved by the LTB, but now Bill 184 allows landlords and tenants to make their own rent repayment plans for late and unpaid rent.
In many cases, tenants have been pressured by their landlord or in LTB hearings into agreeing to rent repayment plans that can be impossible for them to keep up with and are held liable to be evicted.
Landlords who offer tenants repayment plans to tenants can ask for each month’s rent in full, and if this plan is broken, by even a dollar, then the landowner can seek to evict the tenant.
If a tenant refuses a proposed repayment plan cannot come into agreement, the landlord and tenant can then go to a hearing before the board.
However, tenants involved in disputes are rarely represented by lawyers and may lack the skills and resources needed to navigate through a complex bureaucratic system that is also facing changes caused by the pandemic.
Moreover, Bill 184 makes it more difficult for tenants when fighting against being evicted when rent is late or unpaid.
Before, tenants were able to cite issues and concerns like major maintenance problems as a reason for unpaid rent during LTB hearings. In many cases, tenants would be able to provide an explanation to the board for unpaid rent that would be satisfactory.
Now, Bill 184 requires tenants to give advance written notice of intent to raise an issue with the property or the landlord at a LTB hearing.
So, tenants are now facing new legal hurdles in an already complex system that can result in being evicted.
An Eviction “Blitz”
After the passage of Bill 184, the LTB has moved online and proceeded with carrying out a self-described eviction “blitz”.
A report from the Toronto Star found that the LTB still processed upwards of 6,000 eviction applications in the early months of the pandemic when the eviction moratorium was still in place.
When the eviction moratorium was lifted, the LTB began scheduling eviction hearings for tenants who have failed to meet all the requirements of their repayment plan.
Some of these repayment plans contain what is known as a Section 78 which allows for eviction orders to go ahead without notice if the tenant does not keep up with the payments, enforceable by the sheriff.
Facing restrictions for COVID-19, the LTB has shifted its work to be done online where hearings are now being done over Microsoft Teams. In an effort to hear more eviction applications reviewed from months before, eviction hearings are booked into two-hour “express” blocks in which nine or more tenants’ cases are scheduled together. As a result, tenants have reported that eviction hearings can last as long as 60 seconds.
Now that eviction hearing notices are emailed, there have been cases where the tenant is not notified and misses their hearing. When this happens, the hearing goes ahead without the tenant, and their eviction is confirmed.
Moving eviction hearings online has made it even more difficult for tenants to fight against being evicted. Tenants must now have the resources (like internet access and a laptop they can use) and be technologically proficient when making their cases at a hearing. In many of the hearings, a lack of technological literacy by all parties involved leads to chaos.
In one case, a miscommunication over Mircosoft Teams led to the LTB ordering the repayment of arrears plus the filing fee against a dead tenant.
During online hearings, tenants who are not fluent in English do not have a translator that is available at in-person hearings.
In another case, the child of a tenant was pressured by a landlord to agree to a repayment plan on the parent’s behalf but a group of organized activist tenants on the line had to step in.
Evictions and the Spread of COVID-19
Now that COVID-19 is surging in Ontario and the upcoming months look dire for new cases and deaths, public health officials have been preaching on the importance of people staying home.
So, having the LTB go forward with an eviction blitz is contrary to the goal of preventing the spread of COVID-19.
As mentioned earlier, Dr Adalsteinn Brown pointed out the eviction bans help control the spread of COVID-19.
Early data from the US shows that the state’s decisions to lift eviction moratoriums lead to more cases and deaths from COVID-19, especially among marginalized communities.
In a recent study, law professor Emily Benfer and her co-authors write that “eviction is likely to increase COVID-19 infection rates because it results in overcrowded living environments, doubling up, transiency, limited access to healthcare, and a decreased ability to comply with pandemic mitigation strategies (e.g. social distancing, self-quarantine, and hygiene practices).”
In another study, looking at 43 states (and the District of Columbia) in the US found that the decision to lift eviction moratoriums lead to an estimated 433,700 excess COVID-19 cases, and 10,700 excess deaths from the virus.
The rise of evictions is leading to tenants seeking refuge at housing shelters, but many of them face overcrowding that can put them at risk for COVID-19.
In Ottawa, there was a recent outbreak of COVID-19 at a women’s shelter that was started by homeless long-term care workers who could no longer afford rent at the place they lived.
A New Eviction Moratorium Issued
Earlier this month, Premier Doug Ford announced that the Ontario government declared a provincial emergency for a second time. In his address to the public, Ford pledged that the government would suspend “the enforcement of residential evictions so people can stay home safely.”
The next day the province announced it would introduce a new eviction moratorium and suspend the enforcement of eviction orders, but there are exceptions.
The LTB or the courts can enforce eviction orders through the Sheriff’s Office for orders that were issued before the moratorium was enacted. They can also enforce an eviction if there is an “urgent situation” such as illegal activity.
Furthermore, the LTB will continue to hear eviction applications and issue orders which also happened under the first eviction moratorium. So, once the state of emergency is ended, the LTB could bring forth another eviction blitz.
While a new eviction moratorium is certainly a win for tenants across the province, it is only temporary. When it ends, tenants can expect the LTB to bring more evictions under Premier Ford’s leadership.
