Updates from the New Brunswick Tenants’ Rights Coalition

Tenants’ advocate

The New Brunswick Tenants' Rights Coalition is happy to present Jael Duarte, recently appointed as the organization's Tenant Advocate. The appointment is effective immediately.

Jael has a dual degree in Law from the University of Ottawa and has been working in the field of human rights advocacy for the past 15 years. Throughout her career, she has worked with

several marginalized groups. More information on Jael can be found here.

Jael's mandate will be to continue the work of the Coalition in advocating for important legislative reforms, such as rent control measures, eviction protections and the right to

adequate housing. She will also be available to provide information and resources to tenants across New Brunswick. She can be reached at advocate@nbtenants.ca. 

Response to proposed amendments to Residential Tenancies Act

After many months of waiting, and many offers to work in collaboration and act as consultants on this issue, the provincial government has proposed amendments to the Residential Tenancies Act. These amendments have fallen short of the changes New Brunswickers need for accessible housing. You can read our full statement on these amendments here. 

Changes to the Residential Tenancy Fall Short of Protecting Tenants

The Government of New Brunswick, after months of dragging its feet, with no consultation, has released proposed amendments to the Residential Tenancies Act of New Brunswick.

For the past year, the NB Coalition for Tenants Rights has been sounding the alarm on the fact that tenants in New Brunswick have far fewer rights than tenants almost anywhere else in Canada. There is no rent control, no eviction protection, no security of tenure and hardly any recourse at the Residential Tenancies Tribunal.

Sadly, the proposed amendments do nothing to solve any of these problems. Although, on the face of it, the bill appears to provide some protection by limiting the number of rent increases a tenant can face to once a year, and by allowing the tribunal to review rent increases in more circumstances rather than in the narrow set of circumstances under the current framework, these changes are smoke and mirrors.

Limiting the number of times rent can increase, or even increasing the amount of notice for a rent increase does not solve the problem that there is no limit to rent increases. 

The bill proposes that rent increases under some lease agreements would only be permitted if it were imposed on all comparable units in a building. It also proposes that rent increases would be allowed it if is "reasonable" in relation to rent charged for comparable units in a given geographical area.

Given that rents have increased by significant amounts, this protection is meaningless. Moreover, it would only take a few properties to have their rents raised significantly for what is "comparable" to change. 

We have long maintained that what we need is meaningful protections for tenants. The only thing that controls rents is rent control.

This proposed legislation falls far short of what is needed to adequately protect the right to housing in New Brunswick.

Statement on the release of NB Human Rights Commission Guidelines on housing discrimination

The NB Coalition for Tenants Rights welcomes today’s release of guidelines on housing discrimination from the NB Human Rights Commission. 

For the past several months, we have heard countless stories of housing discrimination. People have told us about being denied housing because they have children, due to racism, because of their economic status and so on.

The government’s own rental review showed that 19% of tenants who responded to the survey said they had trouble finding a place to live because they had children.

While these guidelines are helpful, we remain concerned that enforcement mechanisms are lacking and that in an environment with limited protections for tenants, few tenants will feel comfortable pursuing complaints.

With landlords able to raise rents by as much as they want and evict people without having to provide any reason, there remains a disproportionate amount of power in the hands of landlords. The onus remains on tenants to initiate complaints without access to any legal aid if they face evictions or rent increases. In an environment where tenants have few rights, where vacancies are extremely low, and with rents increasing more than ever, tenants are under pressure to suffer injustice in silence.

Neither the Human Rights Commission, nor the Residential Tenancies Tribunal have the powers they need to make access to housing truly free from discrimination. This is why we are calling for a new Residential Tenancies Act that uses a right to housing framework to protect tenants. This means guaranteeing the right to security of tenure, establishing robust rent controls and creating eviction prevention programs among other protections.

We remain committed partners to advance these goals as the government begins working on its review of the legislation as recommended by the Rental Review Report.

Joint statement from ACORN NB and NB Coalition for Tenants Rights

NB Coalition for Tenants Rights and ACORN NB released the following joint statement today in response to the Government’s announcement of the endorsement of the recommendations in the rental review report

We are encouraged by the government’s commitment to review the Residential Tenancies Act this fall, but we are dismayed that the government has taken the side of corporate landlords on rent control, even before the legislation is drafted, and even before any consultation takes place. These companies are maximizing profits at the expense of tenants and are doing so to the tune huge rent increases. 

Relying on the private market to set rents is going to result in more of the same - People will continue to suffer from large rent increases and summary evictions. 

Landlord profits and the right to housing are not two sides of the same coin. Rights are not for sale- they need to be protected.

We welcome the commitment to provide advocacy organizations with tools to educate tenants about their rights. Rights education is an important component of the work we are doing and we would welcome the Government’s assistance in making that work more effective.

We remain disappointed that the Government ignored all the evidence that they themselves collected and published, continuing to deny that there is a housing crisis. 19% of tenants said they could not find a place to live in the province because they had children. 46% of landlords said they increased rents simply because they had new tenants. Just last month we heard of a 200% rent increase where the landlord only backed down after public outcry. Our organizations are inundated with emails and phone calls from tenants facing rent increases in the order of 20, 30 and even 50% on a regular basis. 

There was no acknowledgement of the dangers posed by the proliferation of Real Estate Investment Trusts, of the exclusion of tenants in public housing from protections under the Act, or of the limited powers of the Residential Tenancies Tribunal in today’s announcement.

While we remain skeptical of the Government’s grasp of the lived realities of tenants in this province, we remain willing partners to help advance this important conversation.

We are hiring a Tenants Advocate for New Brunswick

The New Brunswick Coalition for Tenants Rights welcomes applications from lawyers or legally-trained individuals for the position of Tenants Advocate.

This is a one-year term with the possibility of extension, full-time (35 hours per week) at a salary of $64,000 per annum, plus an RRSP contribution of 5% and healthcare benefits.

The Tenants Advocate will be an employee of the Saint John Human Development Council.

Position summary

·       Act as primary media and public spokesperson for the New Brunswick Coalition for Tenants Rights on all matters relating to tenants rights in New Brunswick

·       Conduct know-your-rights workshops to empower tenants across the province

·       Help tenants navigate the tribunal process

·       Make referrals to appropriate services as necessary

·       Work in close collaboration with the UNB Legal Clinic on tenants rights

·       Prepare law reform submissions for government and coordinate strategic legal work to advance tenants rights in the province

·       Assist in the supervision of students

·       The position will not require individual representation of clients

·       The successful candidate will be expected to reside in New Brunswick and work remotely. 

Requirements

·       Fluency in English or French, with functional proficiency in the other language required

o   Fully bilingual between English and French an asset

o   Additional languages an asset

·       Belief in the power of social movements and experience in community organizing

·       A strong understanding of social and economic justice and the right to adequate housing

·       A commitment to trauma-informed lawyering, reconciliation with Indigenous Peoples, anti-oppressive practices, and anti-racist activism

·       Must have a degree in law either at the undergraduate (JD/LLB/BCL or equivalent) or graduate level (LLM or equivalent)

·       Demonstrable leadership experience

·       Experience in communications and media relations an asset

·       Experience practicing law an asset

·       Experience with public legal education an asset

·       Admittance to the bar in a Canadian province or territory and a practicing member of the Law Society of New Brunswick by the time of appointment is an asset

Please include the following in your application:

·       Cover letter expressing your interest (no longer than 2 pages)

·       Resume (no longer than 2 pages)

·       Names and contact information of 2 references in your application

You are welcome to submit the application in English or French.

Deadline: June 30, 2021 at 4:30 PM AST

Email: jobs@nbtenants.ca

The Saint John Human Development Council is committed to employment equity. While all qualified candidates are invited to apply, we particularly welcome applications from women, non-binary individuals, First Nations, Métis and Inuit peoples, members of racialized communities, 2SLGBTQ+ persons and persons with disabilities.

Tenants React to Rental Review Recommendations with dismay and skepticism

At the end of a 90 day review of the rental situation in NB, the provincial government has failed to meaningfully address the concerns of tenant groups with no explicit recommendation for rent control or a moratorium on evictions during the pandemic.

Fredericton, NB - May 7 2021

The Government of New Brunswick has released the results of its 90 day review and tenant groups are criticizing the report for failing to address urgent tenant demands. 

The NB Coalition for Tenants Rights and ACORN NB have called for a moratorium on evictions for the duration of the COVID pandemic, an emergency 2% cap on rent increases, and a complete overhaul of the Residential Tenancies Act - a call supported by more than 30 community organizations.

In response, the government initiated a 90-day review of the situation facing tenants, kicking the can down the road while dozens of New Brunswickers continued to get evicted into a pandemic.

Thousands of tenants shared their stories with the government for this review. Organizations representing tenants made submissions during the review calling for a complete overhaul of the legislative framework governing residential tenancies. Demands included rent control, eviction protections, reining in Real Estate Investment Trusts (REITs) and increased investment in non-profit and cooperative housing.

The report, which makes 4 broad recommendations, largely misses the mark for tenant protections. The report, which consulted large REITs and landlord associations - many of which have been behind some of the worst eviction stories and rent increases - fails to recognize that many of these companies are in fact the problem.

“The only recommendation that we are pleased to see is the call to review the tenancy legislation,” said Sarah Lunney, representing ACORN NB. “We are calling on the government to act on this immediately.”

Tenants are also concerned that even this recommendation may not be implemented. “Premier Higgs stated at the outset of the review that there is no affordable housing crisis and later that he does not believe in rent control as a solution,” said Matthew Hayes, a tenant from Fredericton and spokesperson for the NB Coalition for Tenants Rights. “I’m worried that the government won’t follow up on this recommendation to review the legislation.”

During the pandemic, tenants spoke out about unchecked rent increases, evictions by renovation, and poor health standards. “The pandemic made a bad situation worse. It’s clear to us that many landlords have become pandemic profiteers,” said Aditya Rao, a tenant in Fredericton and a member of the NB Coalition for Tenants Rights. “The situation for tenants was already unsustainable and they have been pushed to a breaking point by the pandemic.” 

Tenant groups in the province say they will continue to push for reforms at the municipal, provincial, and federal level. “Housing is a human right and it’s clear that we cannot and will not rely on landlords to regulate themselves. Something has to give,” said Jill Farrar, a tenant in Saint John and organizer with ACORN NB.

Both ACORN NB and the NB Coalition for Tenants Rights remain committed to working with the Government of New Brunswick to strengthen protections for tenants.

Statement from tenants in response to the Premier’s comments ruling out rent control as a possible outcome of the 90-day review

The NB Coalition for Tenants Rights And ACORN NB note with great concern that the Premier appears to have decided the outcome of his 90-day review even before it has been completed. 

On Monday, in comments to reporters, the Premier stated that he is “not a fan of rent control” and effectively ruled out rent control as a possible outcome from the review. This is despite the fact that tenants have universally called for a robust rent control regime. 

Opposition to rent control is loudest from the landlord lobby who stand to profit from an unregulated market. In other words, the premier is taking advice from the foxes on how to guard the henhouse.

This confirms our suspicions all along - that this 90-day review is a dog and pony show meant to kick the can down the road while tenants continue to suffer the results of government inaction.

How can tenants trust this government to do the right thing when the Premier refuses to consult in good faith?

Statement on GNB announcement regarding public consultations on the 90-day rental review

We are pleased to see the review taking shape. We have received an invitation from the GNB Rental Review Project team to meet with them this month. 

We look forward to sharing our concerns with the government.

Our position continues to be that renters need immediate assistance, not in 90 days. These measures include a moratorium on evictions and a rental cap, and are echoed by over 30 community organisations.

We hope that this review will result in the recognition of the need for a complete overhaul of the legislative framework for tenancies to better protect tenants.

You can make your submissions here: https://www2.gnb.ca/content/gnb/en/corporate/promo/rentals.html

Please let us know if you do by emailing us at info@nbtenants.ca - We would love to hear from you!