A new Residential Tenancies Act is under debate in the House of Assembly, with the Liberals saying the many proposed changes will lead to an overall improved relationship between tenants and landlords in the province.
“The current act was proclaimed in 2000 and for a number of years landlords, tenants and other interested parties have been continually asking for changes to residential tenancy legislation,” Service NL Minister Sherry Gambin-Walsh said Thursday during a news conference at Confederation Building.
The new Bill 15 proposes greater penalties for any violations of the act, moving the maximum fine from $400 to a $3,000 for individuals and $10,000 for corporations.
Related story:
On residential tenancies (Government of Newfoundland and Labrador)
It adds new options for victims of domestic violence, providing the ability for people to get out of a monthly or fixed-term rental agreement early, if needed, without penalty. The path requires some paperwork, as the individual would apply to the director of residential tenancies, supplying an emergency protection order, restraining order or statement by a professional endorsing a problem in evidence (the full list of individuals who can help there will be developed in the regulations, but could include law enforcement, medical professionals and shelter staff, as possible examples).
The provision was developed with input from the Office of the Information and Privacy Commissioner, according to the current director of residential tenancies, Jean Bishop.
Simplified, modernized
The dispute appeals process — where a decision has been issued by the director of residential tenancies — would change under what has been proposed. An existing process of re-evaluation of the original decision would no longer be required, allowing appeals to go directly to court, saving about 17 days.
There is confirmation on several fronts of the powers of the director of residential tenancies. It suggests a change in language, for example, to stipulate the director’s power to consider reducing or extending the six-month lead time required for an eviction notice for a group of tenants, whenever the director has evidence of undue hardship for the landlord or tenants involved.
The bill proposes changes for clearer communications and new consumer protections.
It would, for example, extend the notice period before a landlord can increase rent, from three months to six months.
It extends coverage under the act to boarding houses, and to housing offered by religious and charitable organizations that offer longer-term accommodations.
Landlords would only be required to have a separate account to hold tenant security deposits if they have three or more residential properties — a benefit to anyone renting out a single apartment. And if a problem arises and a tenant disappears, leaving behind property, the property does not have to be stored off site. The required storage time for tenant property would also be 30 days as opposed to 60 days.
The proposed new act would also modernize the rules, making provisions for new types of rental agreements and for electronic communications, as well as post-dated “payments” (rather than post-dated “cheques”).
An update of the act was put out for public consultations in 2012. Gambin-Walsh said the work did not end with any updates being brought to the legislature.
The current bill was developed using the results of the earlier consultations, she said, but also information gathered during separate consultations on homelessness, mental health and addictions, poverty reduction and housing. There were further, targeted discussions with stakeholders, she said, making a point to mention Sherwin Flight and the Newfoundland Tenant and Landlord Support Group on Facebook.
