Halifax rooming house to raise rent 30% but only for tenants on income assistance - Action News
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Nova Scotia

Halifax rooming house to raise rent 30% but only for tenants on income assistance

Barry Smith has lived in a Halifax rooming house for close to 14 years. Last month, he received notice that his rent will be increased by almost 30 per cent, despite the province's two per cent rent cap. When CBC News contacted the building's owners, they said they will only be raising rent for tenants on income assistance.

Rental increase notice originally went out to all 39 tenants, then owners changed their minds

Barry Smith of Halifax said he doesn't intend to pay the illegal rent increase. (Patrick Callaghan/CBC)

After living in a Halifax rooming house for close to 14 years, Barry Smith came home from work one evening in June to find a troubling letter taped to his door.

The notefrom his new landlordssaid the monthly rent per room in the 29-unit house at 6273 North St. will increase to $700 per month on Aug. 1.

Smith currently pays $540 per month for his room, which includes a bed, table, sink, fridge, air fryerand microwave. His area of the building has no kitchen, andresidentsshare abathroom.

The new rate is nearly a30 per cent increase for Smith. Nova Scotia currently has a rent cap in place that bans any rent increase over two per cent until December 2023. It also states rent can only be increased once per year, and four months' notice must be given.

"It's all money. It's greed, that's all it comes down to. They want more money for it," Smith said.

A large white house is shown
The North Street rooming house was licensed in 2019 to have 29 units and 39 occupants. (Patrick Callaghan/CBC)

The letter stated that the tenancy of those who do not pay the increased rent "will be terminated."

Smith, who works as a labourer, said he doesn't plan to pay the illegal increase, but also doesn't want to move at a time whenthere are so few affordable options.

The notice of rent increase letter received by Barry Smith. (Submitted)

"Where would I go? To live in a tent in a city park? I've been here [almost 14] years, I've never missed a rent payment," Smith said. "I'm fighting this."

Shortly after he received the letter, Smith went to Dalhousie Legal Aid Service for help.

According to public property records, the rooming house has been owned by CB MacDonald Properties Ltd. since 1983. Late last year, three men bought the company from a man named Alex Matheson and took possession of the North Street property in December 2021.

When CBC News contacted the owners of the building for comment, a representativesent an emailed statement.

"We had been told that we were in a position to adjust the rents according to housing organizations we consulted, however we believe we may not have had all the information," the statement said.

In a lateremail, the representative said the owners have decided to only increase the rent for the building's tenants who are on income assistance.

Not true, says province

One of the owners said he estimates more than two-thirds of the building's occupants are on income assistance, and their social workers have approved the increase. He said the tenants not on income assistance, including Smith, will receive notice "within 24 to 48 hours" that their rent increase is cancelled.

At the time of publication, Smith had not yet been informed of this.

A spokesperson for the provincial department of Community Services said the landlords' statement is untrue.

"Neither Community Services nor department case workers have any role in approving rent increases," said Jasmine Flemming."Employment supports and income assistance clients are subject to the same twoper cent rent cap that all other Nova Scotia residential tenancies fall under.

"Any changes to the standard household rate or payments that an income assistance client receives does not automatically change the amount of rent a landlord may charge the tenant."

Rent increase '100%illegal,' says legal worker

Mark Culligan, a community legal worker with Dalhousie Legal Aid Service, said the owners' decisionis discriminatory.

"If this is the landlord's position, they are openly violating the rent cap and doing so in a way that discriminates against tenants on the basis of their source of income," Culligan said.

"It's 100 per cent illegal," he said."Landlords cannot increase the rent above twoper cent. It's that simple.

"And what we have here is a landlord who's trying to trick vulnerable people into paying more money under threats. He cannot evict people for refusing an illegal rent increase, and they cannot terminate everyone's lease for Aug.1."

Rent cap applies to any lease, says province

According to the provincial department responsible for the residential tenancies act, what CB MacDonald Properties is attempting violates the act.

"The rules set out in the Residential Tenancies Act and the rent cap apply to rooming houses and week-to-week leases as they involve a tenant and landlord relationship," said Blaise Theriault, a representative for the department of Service Nova Scotia and Internal Services.

The only tenants the rent cap doesn't apply to are thosewith a commercial lease, thosein public housingor thoseleasing a space in a mobile home park.

Theriault said tenants or landlordscan apply for a hearing if theyfeelthe other party is not following the rules set out in the Residential Tenancies Act or the interim rent cap.

Mark Culligan, a community legal worker with Dalhousie Legal Aid Service, said tenants are living in buildings that are unsafe, unsanitary and unaffordable because there are no other options. (Dylan Jones/CBC)

Lisa Ryan, a housing support worker and executive director of the South Shore Open Doors Association, said community organizations are seeing a "dramatic increase" in requests from service providers to raise rent.

"I think there's frustration on the side of rental providers with the rising cost of living and of course increased cost to property taxes and so forth. They are looking for ways to be able to compensate for further increases in costs," Ryan said.

"But those increases in cost of living are also impacting tenants at a rapid rate. And a more immediate impact is felt by the people who are on social assistance or on fixed incomes."

A white large house is shown
This photo shows the size of the building, which extends back from the street. (Dylan Jones/CBC)

Smith said if he doesn't receive notice that his rent increase is cancelled, he will pursue a hearing with residential tenancies.

"Every renter in this province has rights to be treated fairly and every landlord has to follow those rights, whether they like them or not," Smith said.

"There are some things in the tenancy rules that landlords don't like, there's some things in the tenancy rules that tenants don't like. But we both have to abide by it."

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