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All Manitoba Saskatchewan

4/24/2024 0 Comments

Tenants of former Lions Place victims of ‘organizational elder abuse’: report

Source Winnipeg Free Press 
LIONS Housing Centres and the Lions Club of Winnipeg have been accused of inflicting “organizational elder abuse” on seniors because of the way they sold Lions Place to a for-profit real estate company in 2023.
The accusation is listed in a new report that states the two groups failed to investigate alternatives to selling the 610 Portage Ave. property and kept its tenants, many of whom had lived there for decades, in the dark about the transaction.
In “A Betrayal of Trust: Exploring the Financialization of Lions Place in Winnipeg as a Case of Organizational Elder Abuse,” the Canadian Centre for Policy Alternatives calls on the provincial government “to launch an immediate public inquiry, investigation and/or audit” into the management and spending of both Lions Housing Centres and the Winnipeg branch of the Lions Club.
“The sale of Lions Place represents both a major net loss of affordable housing and an example of the targeted dismantling of community for older adults in Winnipeg,” says the 46-page report, which is being released today.
“We conclude that it can also be conceptualized as organizational elder neglect and abuse in a community setting, reflective of a broader problem of mistreatment of older adults more generally, manifested here in mistreatment by a non-profit charitable organization.”
One of its authors, Laura Funk, a sociology professor at the University of Manitoba, said the province needs to take action because Lions Housing Centres still looks after seniors at both Lions Manor, at 320 Sherbrook St., and Lions View, at 311 Furby St.
“The seniors at Lions Place thought their needs would be looked after, but it was like the rug was pulled out from under them,” Funk said about the sale to the for-profit Mainstreet Equity Corp. in Feb. 2023, for a reported $24 million.
Funk said there had been a long-standing relationship of trust between the tenants and the Lions and it was shattered by the sale.
“This is organizational elder abuse or institutional… they lost their sense of security for their final years. They knew if their care needs advanced they could go down to Lions Manor and now it’s less clear. This was the Lions (service club) — that’s why it is so shocking.”
Tenants only learned about a possible sale of the 287-suite building in July 2022. The 55-plus complex was built in 1983 with federal government funding and an operating agreement that later transferred to the provincial government.
Even though the residents rallied against the sale, it went through early in 2023. The families minister at the time, Rochelle Squires, said the province would cushion the change by paying the seniors $1.2 million in rent subsidies for two years.
The building was renamed “Residences of Portage Commons.”
A spokesperson for the Lions Club of Winnipeg could not be reached for comment. A Lions Housing Centres spokesman said he could not comment until after he reviews the report.
Norm Pohl, the president of the resident council in the building, moved into Lions Place with his wife, Edna, about five years ago.
Pohl said they were both Lions Club members at the time, but they both quit the organization after the sale of the building.
“The Lions Club has a vision statement and they really, really forgot their vision,” he said. “The vision is noble, it is caring for people. They have lost their vision.”
Pohl said the province should hold an inquiry into what the Lions did in the years leading up to the sale.
“I hope that comes out,” he said. “If there is a villain in this whole thing it was the Lions Club. It wasn’t Mainstreet. They just bought the building.”

The report recommends the government subsidize rent paid by tenants for as long as they live in the building — something Pohl said he appreciates.
The report also suggests the building be sold to another non-profit or the government.
Tom Simms, whose 94-year-old mother lives in the building, and who was interviewed for the report, said he is pleased the provincial government has agreed to meet to discuss its findings.
“A year has passed since the sale and there is a lot of anxiety there,” Simms said, adding he believes the number of seniors has dropped to about 35 per cent of the building.
“There is anxiety about what the future holds. There was an emotional impact of the whole sale of the building. There is only one year left of the rent agreement. The people in the building should be protected.
“It needs to be extended by the new government so people aren’t pushed out of their residences.”
Other recommendations include having the provincial government enact legislation that would ban the sale of non-profit buildings to the private sector, especially ones which have received taxpayer funding; ensure tenants are included on building housing boards; and revisit provincial legislation on elder abuse to add indirect and more organizational harms. Housing Minister Bernadette Smith did not answer questions about whether the province would investigate the situation or continue to pay the rent subsidy.
“We are engaged with the company and will continue to pay close attention to this situation in order to support the seniors who have built a community and call the building home,” Smith said in an emailed statement.
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4/22/2024 0 Comments

The Safer Communities and Neighbourhoods Act

Picture
Source - Manitoba Government Site 

Manitoba has a new law to make communities and neighbourhoods safer.
The Safer Communities and Neighbourhoods Act is the first of its kind in Canada.It works by holding property owners accountable for threatening or disturbing activities that regularly take place on their property related to:
  • Unlawful drug use, dealing, production or cultivation
  • Prostitution and related activities
  • Unlawful sale of liquor
  • Unlawful use or sale of intoxicating substances - non-potable and solvent-based products
  • Sexual abuse or exploitation of a child or related activities
  • Possession or storage of an unlawful firearm, weapon or explosive
  • Participation in a Criminal Organization offence
The act refers to activities that are ongoing, not those happening occasionally.
The Safer Communities and Neighbourhoods Act information pamphlet (682 Kb PDF)

How do you define property?Under the act, property can include a structure, business, house, apartment, suite, co-operative housing unit, mobile home or land on which there is no building.

How does the process start?The process starts when one or more residents of a neighbourhood who fear for their safety or security file a complaint with Manitoba's director of law enforcement.

The complaint is kept confidential. The identity of those who file it cannot be revealed at any time.


The director may launch an investigation. If there is evidence to support the claim, the director has several options:
  • issue a warning letter to the property owner
  • resolve the problem out of court
  • apply for a Community Safety Order, with or without a Closure Order against the property
  • apply for an Emergency Closure Order

If the director decides not to act on the complaint, the person or persons who made the complaint can take the matter to court at their own cost.


Who investigates the complaint?
Public Safety Investigations of Manitoba Justice will receive and investigate the complaint.

What happens if either a Community Safety Order or an Emergency Closure Order is granted?
A notice and a copy of the order outlining conditions are posted on the property. At the same time, a copy of the order is served on the owner. It will order the owner to take steps to stop the problem and also bar tenants from continuing in specified activities. It may order some or all people to leave for a specific period of time if they have been involved in such activities. The tenancy agreement or lease of any tenant may also be terminated. The property may also be closed for up to 90 days.

What can a tenant do who is not involved in illegal activities?
Tenants who have not been involved in any illegal activities can apply to the court for a variance of the order, which allows them to return to the property. The application has to be done within 14 days of being served, although the court may extend this time.

What can an owner do if they receive an order to close the property?
Before the closure date, the owner may ask the court to set aside the order. A property owner may also appeal an order if it involves a question of law and if a judge of the Court of Appeal has given leave to do so. This must be done within 14 days after the order is pronounced or within such further time as a judge allows. The judge's decision on the application for leave to appeal is final and not subject to further appeal.

What happens if the owner does not comply with a Community Safety Order?
An owner who does not comply may face a number of penalties, including a fine of up to $500 for every day compliance does not occur and possibly fines or imprisonment if found in contempt of court.

An owner who transfers property to another party without letting them know that an order is in effect may be liable to a fine of up to $20,000 and/or a year in prison.


What happens if the tenants do not comply?
If the tenants involved in unlawful activity ignore the order, they may be liable to a fine of up to $500 and may also be liable to fines and/or imprisonment if found in contempt of court.

Defacing an Order or entering a closed building.
Anyone who removes or defaces an order or in any way interferes with it faces a fine up to $2,500 and/or three months in prison. Someone who enters a property closed under an order may be liable to a fine up to $5,000 and/or six months in prison.

What happens if an owner is falsely accused?
Each complaint is thoroughly investigated. If no evidence is found to support it, the complaint is dropped.

An owner found to be innocent and who has also taken reasonable steps to prevent illegal activities on their premises can get help in removing problem tenants.


Who is responsible for the costs of closure?
The owner of the property is responsible for costs related to the closure of the property.

Does the act apply to gangs?
Yes, if they are habitually involved in one or more of the activities defined above.

Can my house be closed if my teenager has a noisy party while I am away?
Not unless there is evidence that your home is habitually used for one or more of the activities defined above.

​For more information, contact:
Manitoba Justice
Public Safety Investigations
Phone (Winnipeg) (204) 945-3475
(Toll Free outside Winnipeg) 1-800-954-9361


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4/22/2024 0 Comments

April 22nd, 2024

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4/22/2024 0 Comments

Nobody should be living at this property’ Owner of townhouses set to appeal city order to vacate

Source Winnipeg Free Press 

Residents of a dilapidated row of townhouses in the Lord Roberts neighbourhood are awaiting their fate as the owner of the property appeals the city’s orders to vacate the premises and clean the place up.
The property encompasses row houses on the 300 block of Arnold Avenue. It features a grey and cracked brick exterior, several shattered windows, deteriorated steps and damaged doors and locks.
In February, the city ordered the building be vacated, after inspectors identified serious safety issues, including a large section of the structure’s eastern wall which was “observed to be bowing outward” and has since begun to crumble, a city report says.

According to the report, inspectors also found overfull garbage bins, exposed electrical wires, interior renovations completed without permits, stairways that were rotten or slanted, potential water leaks and evidence that raw sewage may have leaked from one second-storey suite into the kitchen of a unit below.
“Based on our findings during the above-noted site inspection… (the property) poses a risk of harm to people, animals and neighbouring properties, and therefore is in an unsafe condition,” reads the February enforcement order.
The order gave a vacancy deadline of Feb. 23, which was later appealed by the property owner.
As of Tuesday, there were still people living inside.
“The first day we moved here it was so bad,” said one tenant, an immigrant from Ghana who asked not to be named.
On the day the woman and her husband moved in, she said their new suite was littered with soiled women’s clothing, garbage and used drug needles. She wanted to file a complaint with the provincial Residential Tenancies Branch, but was intimidated by the process.
Some of the front doors to the suites have no deadbolts and are being held shut by small brackets.
At least one other person, a senior, lives in a suite in the same row house. On Monday, they were both told they had one day to move out, the woman said.
The province has issued health hazard orders for a total of six units at 348, 350 and 352 Arnold Ave. in recent months. No public health orders have been issued for 346 Arnold Ave., where the senior and the woman from Ghana live, a provincial spokesperson said.
“This building, and its owner, have been by far the worst influence in our area,” said Justin Pauls, who lives beside the two-storey row house on Arnold.
The property owner, Alen Planincic, purchased the houses in 2016, tax records show.
He is preparing for an April 22 hearing with the city’s planning and property committee, in which he will be asked to defend his appeal application.

Planincic previously appealed a city order to improve safety conditions on the property more than a year ago. The committee denied that appeal.
The Free Press was unable to reach Planincic on Tuesday but a realtor who recently listed the property spoke on his behalf. Rahim Mirza denied allegations the building was unsafe or unsanitary.
“If anything, its more of a cosmetic in nature issue, rather than actually structural defects,” he said by phone. “I can tell you, as of right now, there is working water in all the units, there is no sewage.”
Planincic previously told the planning committee that Mirza was the property manager and would “deal with issues as they arise.”
Mirza denied this characterization, saying he has operated mostly as a consultant and has “nothing to do” with the daily management of the property.
Coun. Sherri Rollins, chair of the property and development committee, described the building as “very, very concerning” and said the city and multiple levels of government have been working to shut it down.
“Nobody should be living at this property,” she said.

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4/17/2024 0 Comments

‘Totally wrong': Winnipeg man says landlord denied life-changing medical equipment

Source: CTV News

​A Winnipeg man is raising a red flag after his landlord said no to health-care equipment that could change his life – a problem he believes is a human rights issue.

Alan MacKay, 77, lives with Type 2 diabetes and kidney function loss. It's a condition that requires him to go to the hospital for dialysis four times a week.

A Winnipeg man is raising a red flag after his landlord said no to health-care equipment that could change his life – a problem he believes is a human rights issue.

Alan MacKay, 77, lives with Type 2 diabetes and kidney function loss. It's a condition that requires him to go to the hospital for dialysis four times a week.

"It's my life. If I don't have this dialysis machine hooked up to me, I'm dead," he said.

MacKay said the whole process of travelling to the hospital for dialysis takes about eight hours, but he could get a huge portion of his life back with an at-home dialysis machine in his apartment.

The cost would be covered by Shared Health through the Manitoba Renal Program. The program's website notes it would return the rental unit to its original state, excluding paint, if the patient moves or ends the dialysis treatment.
"This is all being denied to me because the answer from the property manager is no," MacKay said, adding he was told he isn't able to get the at-home machine because his landlord denied the request.

The building's property manager Ryan Cerezo told CTV News in an email that he was informed the machine would require modifications to the cabinets, plumbing and electrical.

"Some changes would be left permanent," he said in an email. "I was left with a yes or no option to continue with the installation."

Cerezo said he chose not to proceed.

Shared Health tells CTV News landlords do need to sign off on any home dialysis equipment.

"If someone lives in a rental property, they must obtain legal written consent from the property owner for any renovations that would be required to safely and properly house the equipment," a spokesperson for Shared Health told CTV News.

"No landlord has a right to deny you your health care. Absolutely not," said MacKay.

It's a problem Laura Tamblyn Watts, the CEO of a national seniors advocacy organization CanAge, said she has seen across the country.

"This is where we see ableism, discrimination against people with disabilities, and ageism collide," she told CTV News.
She said the system right now creates two-tiered health care.

"If this particular gentleman owned his own home or had control over his own housing, he would be the one to make these decisions, and he would then be able to age in place at home with the care such as dialysis that he needs," she said.
"Because he doesn't own his own home and he's having to work with a landlord, he's in a much more vulnerable situation. And it means that he's not getting the benefits as somebody who owns their own home would have."

Shared Health told CTV News the right to home dialysis is protected under the Manitoba Human Rights Code as a reasonable accommodation.

"Landlords are encouraged to understand what rights there are to accommodate under the Code," it said in a statement. "Anyone who feels their rights are being compromised under the code should contact the Manitoba Human Rights Commission."

That's exactly what MacKay has done. He said he's filed a complaint with the commission, but was told it could be two years before his complaint is heard.

While it can't comment on specific cases, the Manitoba Human Rights Commission told CTV News the Human Rights Code requires employers, service and housing providers to uphold the right to equality and non-discrimination in Manitoba. This includes the right of tenants to reasonably accommodate to the point of undue hardship.
Shared Health said tenants can also reach out to the Residential Tenancies Branch, which can tell landlords what their obligations are in cases like this.

With no immediate course of action, MacKay said his only option is to continue travelling to the hospital for care he said he should be allowed to access in his own home.
​
"If it's happening to me, it could happen to anybody else," he said. "And that's wrong. Totally wrong." 




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4/15/2024 0 Comments

Renter’s Bill of Rights Announcement – Part 4


The Prime Minister, Justin Trudeau, announced these measures from the upcoming Budget 2024 are to make the playing field fairer for renters and make it easier for them to become homeowners.
Justin has indicated that these are the steps that they will take:
  • Launching a new $15 million Tenant Protection Fund
  • Creating a new Canadian Renters’ Bill of Rights
  • Making sure renters get credit for on-time rent payments
 
Now if we break down each point from a Manitoba Perspective.

  
  • Launching a new $15 million Tenant Protection Fund. This would provide funding to legal aid and tenants’ rights advocacy organizations to better protect tenants against unfairly rising rent payments, renovictions, or bad landlords.
​
In Manitoba – not sure which organization would be receiving these funds, since we already have RTB thru out Manitoba. So, I will say that no funding for this will come to Manitoba or if it does it will go to RTB, who already do a very good job of protecting the tenants.

Our pinion, when we read unfair rising rents, renovictions, or bad landlords. We think about all the unfair other costs that we have had to deal with and I don’t see Justin stepping in to help these situations, rising gas prices, cost of food, utilities etc.

So why is Justin calling out landlords, when the other business are able to raise prices in order to stay in business. I guess people do not see rentals as a business, even if they are owned by the province.


  • Creating a new Canadian Renters’ Bill of Rights, developed and implemented in partnership with provinces and territories. This would require landlords to disclose a clear history of apartment pricing so renters can bargain fairly. We will also crack down on renovictions, create a nationwide standard lease agreement, and give renters more agency.

When I heard this one, I could not help but think really did you just say that. What I am referring to is the comment about bargain fairly. Again where else in Canada can you walk into a business and bargain over the price.

When was the last time you walked into a grocery store and ask them for a history of  the prices over the past couple of months, then bargain with them over the price of what you want to pay? Why would someone get to do this with a rental property?

Not sure what he was getting at with the comment of giving the renters more agency? I guess we’ll have to wait and see on this one.
 
  • Making sure renters get credit for on-time rent payments. Renters deserve credit for the money they put toward rent over the years, especially when it comes time to apply for a mortgage for their first home. We’re going to amend the Canadian Mortgage Charter and call on landlords, banks, credit bureaus, and fintech companies to make sure that rental history is taken into account in your credit score.

Out of all of the points that were made about the Renter’s Bill of Rights – I am all in favour of this one – reporting the rental history.

However, Elite is already ahead of him on this one as we have already established a rental history reporting.

Join the other landlords that are using our FREE rent reporting service that allows landlords to report on a regular basis the status of the rents for their tenants. 

To learn more visit us at elitecra.com

The major flaw with Justin’s approach is that he is only targeting millennials and Gen Z, what about the renters that don’t have credit (ones that don’t work). How would you ever build a rental history for those that don’t work but pay their rent on time and are trying to get into a better place?
With Elite we allow all Landlords and tenants to establish a rental history. Which is a different approach then just targeting a certain age group.

As Landlord and a Business, we are like everyone else, we would like to know about the people we are allowing into our units. We would like to have tenants that will pay their rent, take care of our places. No different then someone looking to buy a house, car or get a credit card.

Like any other business there are good and bad landlords as well as good and bad tenants. Put when it comes to bad as we all know everyone gets painted with the same brush. 

With these posts we do try to capture both sides of the story.
​

We welcome you comments.

Check back often as there is a lot more to come of this as the government pursuer's these measures. 

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