COVID-19 Updates & Resources

We are in uncertain times amid the COVID-19 virus that is impacting communities around the world. To help in these uncertain times the HDAA will be working on consolidating up to date resources and relevant news to the rental housing sector. We are also still maintaining regular business hours, remotely of course, to be available to our members for any questions or concerns.

City of Hamilton – Housing Call Out

The City of Hamilton needs your help. The City is looking for private market rental units to fill an immediate need: to house individuals and families currently in shelter and/or hotels who could move in with minimal supports. For some people, they will be able to match them up with the Canada Ontario Housing Benefit that took effect on April 1. They are asking landlords who have a vacant unit that is move-in ready to work with the City to create long term tenancies with financial support.

If you have any available units for rent and/or would like additional information, please contact Housing Services at Housing@Hamilton.ca.

To read the full letter from Paul Johnson, General Manager of Healthy and Safe Communities with the City of Hamilton, you can find it here.

Updates

December 11th Update:

York Region and Windsor-Essex moving into lockdown to curb COVID-19 spread, Ontario announces
https://www.cbc.ca/news/canada/toronto/covid-19-coronavirus-ontario-december-11-restrictions-1.5837427

November 20th Update:

Ontario Taking Further Action to Stop the Spread of COVID-19
https://news.ontario.ca/en/release/59305/ontario-taking-further-action-to-stop-the-spread-of-covid-19

Toronto, Peel move into COVID-19 lockdown Monday as Ontario tries to stop 'worst-case scenario'
https://www.cbc.ca/news/canada/toronto/covid-19-coronavirus-ontario-november-20-toronto-peel-1.5809575

November 13th Update:

Ontario places more regions in red zone as it reports 1,396 new COVID-19 cases
https://www.cbc.ca/news/canada/toronto/ontario-covid-19-nov-13-1.5800553

November 3rd Update:

Ontario Releases COVID-19 Response Framework to Help Keep the Province Safe and Open
https://news.ontario.ca/en/release/59051/ontario-releases-covid-19-response-framework-to-help-keep-the-province-safe-and-open

October 20th Update:

Ontario extends COVID-19 orders for another 30 days amid second wave
https://toronto.ctvnews.ca/ontario-extends-covid-19-orders-for-another-30-days-amid-second-wave-1.5152527

October 9th Update:

Ontario restricts businesses in hot spots as COVID-19 spreads at ‘alarming’ pace
https://www.theglobeandmail.com/canada/article-ontario-cabinet-reviewing-strict-new-restrictions-in-toronto-ottawa/

September 27th Update:

Ontario reports nearly 500 new coronavirus cases marking biggest increase in almost 5 months
https://globalnews.ca/news/7362283/ontario-coronavirus-cases-sept-27-covid19/

August 28th Update:

Ontario's Stage 3 reopening brings no surge in COVID-19 cases after 4 weeks
https://www.cbc.ca/news/canada/toronto/covid19-ontario-coronavirus-cases-stage-3-reopening-1.5701925

July 20th Update:

Ontario Moving More Regions into Stage 3
https://news.ontario.ca/opo/en/2020/07/ontario-moving-more-regions-into-stage-3.html

July 13th Update:

Nearly All Businesses and Public Spaces to Reopen in Stage 3
https://news.ontario.ca/opo/en/2020/07/nearly-all-businesses-and-public-spaces-to-reopen-in-stage-3.html

June 22nd Update:

Ontario Moving Toronto and Peel Region into Stage 2
https://news.ontario.ca/opo/en/2020/06/ontario-moving-toronto-and-peel-region-into-stage-2.html

June 15th Update:

Ontario Moving More Regions into Stage 2 on Friday
https://news.ontario.ca/opo/en/2020/06/more-people-can-get-back-to-work-as-additional-businesses-and-services-to-reopen-this-week.html

June 8th Update:

Some public health unit regions allowed to move into Stage 2; limit on social gatherings increased from five to 10 people: https://news.ontario.ca/opo/en/2020/06/ontario-permits-more-businesses-and-services-to-reopen-in-the-coming-days.html

June 2nd Update:

Ontario Extends Declaration of Emergency until June 30: https://www.news.ontario.ca/opo/en/2020/06/ontario-extends-declaration-of-emergency-until-june-30.html

May 25th Update:

Applications for the Canada Emergency Commercial Rent Assistance (CECRA) are now open: https://www.cmhc-schl.gc.ca/en/finance-and-investing/covid19-cecra-small-business?guide=How%20do%20I%20apply%20for%20the%20CECRA%20for%20small%20businesses%20program?

May 14th Update:

Ontario Announces Additional Workplaces that Can Reopen: https://news.ontario.ca/opo/en/2020/05/ontario-announces-additional-workplaces-that-can-reopen.html?utm_source=ondemand&utm_medium=email&utm_campaign=p

May 12th Update:

Declaration of Emergency Extended While Ontario Gradually Reopens the Economy: https://news.ontario.ca/opo/en/2020/05/declaration-of-emergency-extended-while-ontario-gradually-reopens-the-economy.html

May 6th Update:

Ontario Further Eases Restrictions on Retail Stores and Essential Construction During COVID-19: https://news.ontario.ca/opo/en/2020/05/ontario-further-eases-restrictions-on-retail-stores-and-essential-construction-during-covid-19.html

May 5th Update:

April 27th Update:

April 20th Update:

April 8th Update:

The LTB has created an Urgent Hearing Motion Form and Instructions for Urgent Motion Form to assist landlords and tenants if an urgent hearing is required (for example, in exceptional and extremely urgent circumstances such as a threat to life or safety, or a serious illegal act). Care should be taken in determining whether to file for an Urgent Hearing as the legal test and the facts to support an Urgent Motion are high. The Forms can be found on the LTB website and are named “Request for Urgent Hearing” and “Instructions”: http://www.sjto.gov.on.ca/ltb/forms/

April 3rd Update:

 

Resources

COVID-19 Guidance for Landlords, Property Managers and Residents Living in Multi-Unit Dwellings

City_of_Hamilton_Logo.jpg

The City of Hamilton has created a COVID-19 multi-unit dwelling resource to assist landlords and tenants. You may find it here.


March 31, 2020 Financial Health of Your Operation

For the past several days, Landlords have properly been focused on issues of health and safety for building residents, employees, contractors and visitors. With April 1 quickly approaching, and in light of the overwhelming social and financial disruption as a consequence of COVID-19, landlords can expect rent defaults to occur. Most of those defaults will be genuinely tied to tenants’ loss of income due lay off, loss of business, loss of employment, or self-isolation. In such cases the vast majority of landlords recognize that threats of eviction and demands for payment are a waste of time and an unnecessary burden on residents who are already in crisis mode.

There are other tenants who will seek to exploit the COVID-19 crisis and use it as an opportunity to avoid paying rent altogether. Already on social media we are seeing trolls encouraging tenants to withhold rent and assuring them that there will be no adverse consequences for doing so. In reality there will be adverse consequences, but the organizers of such initiatives could care less about tenants, they have a much bigger social agenda. If heat, hydro, water, cleaning services, building services (pest control, maintenance and repair) and security are all to be provided to tenants, it is critical that rent is paid.

The strategy to address financial hardship being deployed by some institutional lenders, by municipal governments, by provincial and federal governments, and some other creditors is to defer deadlines for payments where defaults are tied to COVID-19. Many landlords plan to act consistently with other major creditors in addressing rent defaults by deferring collection of some or all of the rent due where the default is COVID-related.

Implementation of a rent deferral strategy should be relatively easy to administer. Instead of automatically issuing N4s (Notices of Termination) where rent is unpaid, landlords may issue ‘friendly reminders’ with content that lets tenants know that if the default is COVID-related, the tenant may contact the landlord to discuss the situation and make repayment arrangements. Most tenants who are acting in good faith will reach back out to the landlord to discuss same. Note the contact information provided should be by telephone, email or, if necessary, in person; however, if staff are to meet in person with a tenant then a recommended series of questions should be asked before the person is permitted into the office and while in the office, “social distancing” should be observed. A list of cautionary questions is available at this link: Cautionary Questions

Any discussion with defaulting residents should include providing them with information about available governmental financial assistance programs and, if necessary, assisting them to determine eligibility and access to such programs. The repayment agreement can be structured based on individual circumstances and this is where the skill and resourcefulness of you and your staff will come into play. In our view it is critical that the tenant have assurance in the security of maintaining their housing through the immediate and longer term crisis, while also have a clear understanding that rent must be paid. Once the terms of a repayment agreement are scoped out, they should be put in writing. A template for a sample rent arrears repayment agreement is available at the following link: Rental Arrears Repayment Agreement

You or your staff will often be able to determine whether a COVID-related default is genuine, either because the tenant fails to respond to the friendly reminder regardless of follow up, or the tenant is a chronic defaulter, or the tenant makes it clear that they will not cooperate and just refuse to pay anything. In those cases an N4 should issue if only to give you leverage to “stop the bleeding” once Landlord and Tenant Board proceedings are back up and running.

Best of luck to all of you in navigating these difficult times. As always, we are here to help if you need us.

If you have any questions, please do not hesitate to contact Joe Hoffer at hoffer@cohenhighley.com or 519-672-9330.

Informational Resources