A 91-year-old woman residing in a seniors’ apartment building in Windsor received an eviction notice that has been deemed “defective” by a tribunal, bringing relief and gratitude to Sylvia Berk. Berk, along with many other tenants at the 71-unit I.L. Peretz House, faced significant rent hikes, sparking a dispute between the residents on fixed incomes and the landlord. The landlord, affiliated with the Windsor Jewish Federation, had historically provided subsidies to keep rents low, but a substantial increase led to the eviction notice served to Berk.
Representing the tenants, Ghadeer Jwad of JLaw Solutions highlighted the broader impact of the case, with over 30 units receiving similar rent increases. Despite the landlord’s justification of rising costs, including property taxes and maintenance repairs, the decision to evict tenants for non-payment of increased rents faced scrutiny.
The Landlord and Tenant Board ruled in favor of Berk, citing the lack of evidence to support the landlord’s exemption claim for higher rent increases beyond the standard limit set for last year. The Board’s order stated that the eviction notice was invalid due to being based on a defective termination notice. The landlord was given a deadline to seek arrears only for the permitted increase, failing which the case would be dismissed.
While the landlord’s response remains unclear, Jwad indicated that other tenants are also challenging rent hikes before the Board. Despite acknowledging the landlord’s cost challenges, Jwad emphasized the importance of honoring the original rental agreements. Berk expressed optimism for the future, urging fellow tenants to remain hopeful and have faith that the situation will improve, allowing them to afford the rent comfortably.
