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Tenants win this fight

Residents at Terrace Forty Apartments are staying put following a months-long battle against an N-13 eviction attempt by the new landlord. A total of 32 tenancies were saved as a result of residents banding together in the effort.

By Pam Wright
Local Journalism Initiative Reporter

After months of tension, Terrace Forty residents are heaving a sigh of relief.

That’s because their landlord’s attempt to end their tenancies at the Chatham apartment building – based on fears around asbestos and lead – have come to an end.

Chatham-Kent Legal Clinic housing stability worker Jeff Wilkins delivered the official news to tenants last week, ending months of anxiety for the mostly senior tenants.

“Congratulation guys, it’s been one helluva run,” Wilkins told the group to applause. “You guys did this. You stood up and showed them, ‘We’re not going to put up with this crap.’ Way to go guys. We are done.”

Built in 1960, the eight-storey high rise was sold last December after its owner passed away. In January of this year, new owner Rex Brondial issued N-13 notices to tenants saying they needed to vacate their apartments for at least eight months to mitigate so-called “dangerous” asbestos and lead. All of the residents were offered a $5,000 cash-for-keys deal to leave permanently.

The news sparked fear among residents, with many believing they were being evicted. One resident, a 96-year-old woman who has now passed away, had lived in the building for 31 years. She and many others were worried about where they were supposed to go.

But Chatham councillors and the legal clinic stepped up to help and guided the residents through the legal process.

A total of 32 residents opted to stay put and fight the unlawful N-13 notices, with only a few taking the cash-for-keys offer.

The N-13 notices officially expired on May 31.

Gord Harvey, who helped his fellow residents fight against the questionable N-13 notices, called it a “really good day” for Terrace Forty.

“There are just so many times when you don’t hear stories where people stood up for themselves and are successful,” Harvey said. “The systems always seem to be against us regular people just trying to live the way they want to live.”

Harvey also attributed success to Chatham councillors getting involved, as well as “excellent legal advice” from the legal clinic.

“What we learned from this is the importance of a renoviction bylaw,” he added. “What I’m really hoping is that a renoviction bylaw is passed so no one has to go through the extreme amount of stress and uncertainty that every tenant here had to go through.”

Harvey pointed out those opposing an N-13 bylaw cite Ontario’s Bill 60 and Bill 97 as adequate to cover the issue, but neither bill would have helped residents at Terrace Forty.

The vote for a made-in-Chatham-Kent N-13 bylaw is expected at council June 22. If passed, a new bylaw would support the creation of rules and guidelines aimed at stopping bad actor landlords from evicting tenants surreptitiously in order to raise rents.

Landlords looking to raise profits in buildings where long-term tenants are paying modest rent sometimes issue N-13 notices advising tenants that renovations are needed and that they will have to vacate the building. Many offer cash for keys to encourage people to end their tenancies.

If adopted in Chatham-Kent, an N-13 bylaw, such as those adopted in other jurisdictions like Hamilton and Toronto, would involve municipal oversight and enforcement, as well as renovation applications and permit fees.

Wilkins commended the tenants for putting up a fight, noting their example helped trigger the push for a local N-13 bylaw.

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