Sudbury Northern Life Laurel Myers
A Donovan area woman took her Christmas tree down last week.
Her 14-year-old son couldn’t understand why. She couldn’t understand how.
The family of two thought they were being forced out of their home on Monday, Dec. 15.
Joanne Roberge, who pays an all-inclusive rent on her house, says she was notified recently that her landlord had not paid the hydro bills since September and would be filing for bankruptcy. However, it wasn’t the landlord who broke the news to her.
“Sudbury Hydro came to tell me,” she said. “I called my landlord up ... and she said to mind my own business.
“I have a hard time understanding how a person could do this to someone else in the middle of winter, right before Christmas,” she added. “I could understand if I had done this to myself, but I haven’t.”
The landlord, who will remain unnamed, said the issue has been addressed with Sudbury Hydro and the hydro will not be disconnected at Roberge’s home.
“I haven’t told her I’ve dealt with the hydro because she won’t return any of my phone calls,” the landlord said.
Roberge has since confirmed the electricity was still connected and arrangements have been made for the service to be maintained until Jan. 5, when a payment is scheduled to be received.
However, Roberge says she isn’t taking any chances. She and her son have packed their belongings and moved out.
“Nobody knows when the hydro is going to get cut off,” she said. “What’s going to happen on Jan. 5? There’s no warning next time. I can’t take the chance.”
As for the bankruptcy claim, the landlord explained the house is owned by her father, who is currently in hospital in palliative care, dying. “The house is going back to the bank.”
Roberge said she has exhausted every avenue she can think of, to little or no avail.
“All of my doors were more or less closed,” she said. “I was told it was out of my hands or I didn’t meet criteria.”
The single mother went to legal aid to find out what her rights are, put in two calls to the mayor’s office, as well as calls to Sudbury’s MP and MPP.
She was told by MPP Rick Bartolucci’s office to pay the hydro bill herself to buy some extra time. However, legal aid advised against it, especially if the landlord is planning to claim bankruptcy. “I was told not to deal with the companies (hydro or gas) because it’s not my problem,” Roberge said.
Mira Gamsa, manager for program development at the Landlord and Tenant Board of Ontario, said there are a number of steps tenants can take when faced with an issue, such as Roberge’s hydro problem.
“It is an offence under the Residential Tenancies Act (RTA) to interfere with vital services,” she said. “One of the things she can do is call the Investigation and Enforcement Unit of the Ministry of Municipal Affairs and Housing.”
She explained the unit’s responsibility is to investigate alleged offences under the RTA, enforce compliance and prosecute. She added the unit can work quite quickly. For more information about the Investigation and Enforcement Unit, visit the ministry’s website at www.mah.gov.on.ca, and click on Housing, then Rental Housing.
After the fact, another avenue a tenant can consider is to file a Tenant’s Rights Application with the board. The form — a T2, Application About Tenant Rights — is available on the board’s website, at www.ltb.gov.on.ca.
“That doesn’t provide for an immediate solution,” Gamsa said. “We try to hear those quickly, but ... it’s not going to necessarily resolve the issue.”
She said the municipality should also be called to see if there is anything they can do, with regard to building standards. “I would also strongly suggest the tenant get in touch with a legal clinic,” the manager added.
As for a landlord filing bankruptcy, Gamsa said the tenant should definitely seek legal advice to protect herself. “If there’s a question about who’s responsible for the building, that’s something where having legal advice would be beneficial,” she said. “The fact that the landlord has declared bankruptcy doesn’t change her tenancy at this point.”
A bankruptcy trustee with Hoyes, Michalos & Associates Inc. — a bankruptcy company with offices across Ontario — said it is important to determine who the secured creditor is that will be taking possession of the house, if the landlord declares bankruptcy.
“A tenant can likely arrange to pay the rent directly to them and stay in the unit,” the trustee said. “Moving is a nuisance but, at the end of the day, staying might cause months of uncertainty and legal action. In the end, it may not be in his/her best interest.”
In the meantime, the Salvation Army stepped up to help Roberge. The charitable organization has put her and her son up in a hotel for a 14-day period, which will be extended until she finds suitable and affordable housing through the private market or through Sudbury Housing
