More work to be done to protect tenants of private seniors’ residences
If the adoption of Bill 37 corrects certain shortcomings in the area of housing, much remains to be done to improve the protection of tenants in private seniors’ residences (RPAs).
The bill concerning the Act to amend various legislative provisions mainly with respect to housing provides for legislative amendments to limit the impact of or prevent situations such as those experienced at the Résidence Mont-Carmel in Montreal and the Faubourg Mena’Sen in Sherbrooke.
However, Clause F will continue to apply to any newly constructed building. This will allow landlords to continue to charge tenants unlimited increases for five years after a building is constructed. Réseau FADOQ, however, is arguing that this clause should not apply to RPAs at all.
In addition, here are other recommendations from Réseau FADOQ that were unfortunately not included in the bill:
- Allow the filing of joint applications regarding rent increases so that annual increases can be challenged jointly before the rental board (TAL)
- Cost controls for services in RPAs
- The possibility for tenants, when renewing their lease, to cancel normally included services that they no longer need, for example, after recovery from an illness
- Requirement to itemize the cost of services included in an RPA’s base rent
Statement presented to Minister Dubé
Following the publication of a draft regulation to amend the Regulation respecting the certification of private seniors’ residences, Réseau FADOQ sent a notice to the Minister of Health and Social Services, Mr. Christian Dubé.
Among other things, the draft regulation proposes to change the categories of RPAs by distinguishing between not-for-profit and for-profit residences.
In addition, the draft regulation adds the obligation for the operator of a category 2, 3 or 4 private residence for seniors to set up a living environment committee, which was one of Réseau FADOQ’s recommendations.