Bill proposes early lease exit for abuse victims
Posted Jul 1, 2010 By Rosalyn Stevens
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Tweet ThisEMC News - A private members bill presented to the Ontario Legislature seeks to offer reprieve from lease obligations for victims of domestic violence. The bill, tabled by Ottawa Centre MPP Yasir Naqvi, passed a second reading before the legislature recessed for the summer on June 3.
The legislation, which would amend the Residential Tenancies Act, was inspired by the story of Sarah Crawford, a resident in Mr. Naqvi's ward. She said her own experience living in a mutually abusive relationship, and trying to end her lease when she fled, opened her eyes to the barriers in place for abused persons.
"I've been really concerned about a lot of...mutual violence issues," she said, "and I thought I have to start somewhere."
Ms. Crawford shared her story with Mr. Naqvi, who said he was touched that one of his constituents trusted him to enact change based on her personal experiences.
"It really moved me," he said. "It takes a lot for someone to sit in front of their MPP and tell their life story, and say here is a vacuum that exists."
The bill stipulates that a tenant who is a victim, or whose dependant child is a victim of domestic violence, may terminate their lease earlier than normally required in monthly, yearly or fixed-term lease. The bill does require the submission of evidence relating to the abuse, such as a restraining order, or a note from police indicating an ongoing investigation into domestic violence.
Mr. Naqvi said it is important to make escaping domestic violence easier for victims, and children, and added that breaking a lease can be a great barrier for tenants who need to leave. He said this bill would mark the first legislation in Canada to address the issue.
Erin Williams, the executive director of the Ottawa coalition to end violence against women (OCTEVAW), said she is pleased with the intention of the bill, but added there could be some variations to make the process easier. One of those changes, she said, could be made to the notice period, explaining that a period of a few days would be better suited for those escaping violence. But Mr. Naqvi pointed out that the intention of the bill is to ease the closure of a lease agreement, and does not mean tenants are forced to stay in their units for the duration of that time.
"It's a notice period," he said. "(The victim) will hopefully leave right away."
He added that when victims of violence flea, they often do so in a hurry, leaving much behind.
"So maybe having access to the apartment might not be a bad thing," he said.
The second concern Ms. Williams noted is the requirement of a legal document to enact the process. In a letter sent to Mr. Naqvi, Ms. Williams said this could be a barrier to many women in abusive situations, as many tend to keep away from the criminal justice system.
"Their reluctance is based in fear of the perpetrator's retaliation, fear of institutional and police involvement and society stigma and shame," she wrote. "This in turn may make the receipt of a peace bond, restraining order or letter from a police force impossible to obtain for many women."
She continued that this is an even greater barrier for immigrant women, young women, or those with a criminal background. As an alternative, Ms. Williams suggested an affidavit from a women's advocate in community health centres, counselling centres or other recognized agencies could suffice.
Overall, she said, the bill marks a good step in the right direction, and with further consultation could become an important milestone in the fight against violence.
"Housing and safe housing is important if we're going to end violence against women," she said.
From a landlord's perspective, the bill could be seen as legislating common sense. At least that's the view for Gabby Horan, a member of the Ottawa Region Landlords Association (ORLA) who manages 22 properties in central Ottawa.
"I personally, as a landlord, have let women out of their lease," she said. "If something bad happens to them, I try to help them out."
She said she has used these "compassionate exits" to individuals who are victims of life-altering circumstances, and can rage from robberies to domestic violence. And as for needing evidence, she said if someone in her building is being abused, everyone knows about it. And that's when she needs to step in.
"I cannot, as a property manager, allow people to fight in the hallways or have fighting in the unit (where) people can hear it."
"I consider, when it happens, that it happened to the tenant and to me (the landlord)," she added.
Ms. Horan said she is a little nervous about the government stepping into a case like this, explaining that she believes helping the abused is common decency.
"I question the ministry of housing getting into this," she said. "I don't know anybody who wouldn't let anyone exit under these circumstances."
But Ms. Crawford, who tried to end her lease early after leaving the mutually abusive home where she was raising her only daughter, said she was told very clearly that there was nothing in the law indicating her landlord had to comply with her wish. That said, the property manager made an exception and granted her leave.
For those who may not have such understanding property managers, Ms. Crawford said she wanted to see a change.
Mr. Naqvi agreed that while most would follow the logic of Ms. Horan, laws are created to regulate the minority who don't.
"If the landlord and tenant can agree to something difference, that's still the case right now," he said.
John Dickie, a lawyer who represents the ORLA, said there could me "mixed feelings," about this bill. He also agreed with Ms. Horan that helping the individual is often common sense, but added that letting someone out of a lease early results in huge costs to those who are running a business.
"There's really a bit of a conflict going on here," he said. "Perhaps it would make sense if there was funding that would negotiate someone out of a (lease)."
Mr. Naqvi said he would be looking forward to consultation with various interest groups over the summer, in preparation for further discussions at the legislature next fall. He said opposition members and government members alike have offered suggestions to implement, and more could rise during clause-by-clause analysis when the bill is called to the committee level.
"I will be speaking to other parties to see which hoops and loops I have to jump through to get this to be called to committee," he said. "I'm proud that I get to work on the issues that are important and relevant to my constituents."
rstevens@thenewsemc.ca
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