The Administrative Housing Tribunal (TAL) decided that Les Jardins de Renoir, a private residence for seniors in Laval, must pay tenants up to $1,105 for entertainment and other services provided during the pandemic. A decision was released in early November.
“It is clear that the tenants have lost access to the service provided for in their leases and that they have suffered a loss of enjoyment that can be described as real, serious, significant and substantial justifying a reduction in rent,” the administrative judge writes. Philip Morissette.
A precedent-setting decision?
“This is a really important decision that sets the tone for other claims,” Helen Quay, an attorney who specializes in protecting the rights of seniors, said in a telephone interview.
Thirty similar appeals have been submitted to the TAL, but this is the first decision, M said.e Quay, who informed the tenants.
At Laval Private Home for Seniors (RPA), loss of enjoyment is only approved for certain services including swimming pool, gymnasium, billiard rooms, bowling alleys and cinema, library, gardens and chapel. The closure of other spaces, including the puzzle room, community rooms and the atrium, did not result in a rent reduction.
Reductions are also limited to certain periods of epidemics, when places are closed entirely. They don’t apply to months when service is provided with “different access terms,” even if access is “less convenient,” Judge Morissette notes in a very detailed 40-page decision.
A reduction of $220 to $1105 per unit
The reductions range from $220 to $1,105 per unit for the April 2020 to February 2022 period. RPA Les Jardins de Renoir, owned by Cogir Group, consists of 740 units.
“We are currently learning about the ruling and its potential implications with our teams. So we have no comment at this time,” Gokir spokeswoman Brigitte Pouliot said by email Monday.
Applicants have taken advantage of the recent rule allowing lessees of certified RPAs to submit a joint application to TAL.
“It allows people to assert their rights when they feel embarrassed for all kinds of concerns like being isolated or rejected by management,” Ms.e boy
No lower immunity Public Health Act
Me Quay is pleased that TAL rejected RPA’s main argument that it benefits from “immunity”. Public Health Act.
According to Section 123 of the Act, “No Government, Minister or any other person shall be sued for any act done in good faith in the exercise or exercise of these powers”.
This immunity “cannot extend to any citizen respecting and enforcing orders, whether private or corporate,” however, Judge Morissette opined.
Many tenants were afraid to move forward [les locateurs] It is said to have immunity. This decision puts all that aside.
Me Helen Quay is an attorney specializing in protecting the rights of seniors
The judge also held that the additional costs incurred by the RPA “have no bearing on the determination of loss of rental value”.
“During the epidemic the landlord provided or provided additional services to a large extent. However, the landlord was often compensated by the government. »
However, the court made no provision for closing the dining room because “the landlord continued to provide food service to the tenants. […] Food was delivered to their quarters.”
The closure of the hair salon and pharmacy, considered “a convenience” and not a service included in the lease, did not result in a reduction in rent.
Learn more
-
- $35 to $135 per month
- Tenants of Laval RPA Les Jardins de Renoir were awarded rent reductions for the loss of services provided in their leases. The biggest reduction was given in April 2020 and the smallest in February 2021.
Source: Administrative Housing Tribunal, Legare C. Renoir GardensNovember 2, 2022
“Music geek. Coffee lover. Devoted food scholar. Web buff. Passionate internet guru.”
