N.B. protections for tenants against large rent increases not helping everyone

Linda Patterson has lived in the same Oromocto apartment building for 34 years. She knows a lot of her neighbours and worries about those who face rent increases of $150 a month as early as next month.

"There are several people in the building who are seniors or single mothers with children who can't afford this," Pattersonsaid.

"The $150 was a complete shock to all of us."

Patterson's building sold to a Halifax company last November. She received notice in the spring for what would have been a 20 per cent rent increaseon her current $740 rentto take effect this fall.

However, Patterson knows her way around landlord and tenant issues. She successfully applied to the province's Tenant and LandlordRelations Office to activate new rules that allow her increase to be broken up over three years.

That lowered the increase she is facing in November to $50 (6.8 per cent) with a second $50 increase next November and a final one in November 2025.

She is worried, though, because a number of her neighbours did not take the same steps and are facing the full $150 increase this year, despite repeated encouragement from Patterson to get help.

WATCH | 'It's going to be difficult for them to live':

N.B. tenants eligible for phased-in rent increases aren't always applying for them

1 year ago

Duration 0:59

Citing mobility problems, lack of access to computers, and poor communication, some New Brunswick tenants are not accessing promised protection against large rent hikes.

"I told them that they should be applying," she said. "Some of them did. Some of them didn't."

Reasons for doing nothing varied among tenants,according to Patterson.

They included a fear of poisoning their relationship with a new landlord in a difficult housing market. This wasenough to persuade some not to act, even those on limited incomes.

"I tried to helpa retired couple several times, and she finally said 'I don't want to upset anyone,'" Patterson said about one neighbour, whodecided to accept the $150 rent increase rather than apply to have it phased in.

"I know they probably can't afford this."

Changes made by the province last year ended the experiment with placing ceilings on rent increases that landlords could charge tenants.

In its place, the provincial government provided for the phasing-in of a rent increase over two or three years if it is above 7.3 per cent and if tenants properly file an objection.

In some cases, like Patterson's, that has helped.But in other cases tenants are proving reluctant to ask for help or don't know help is even available to them.

In Saint John, Graham Burgess said he has seen that among his own neighbours.

Burgess has a studio apartment in what has long been one of the most affordable buildings in the inner city for low- income tenants.

Two years ago, it sold to an Ontario company and has since been undergoing renovations. According to Burgess,he and a number of other tenants received notices of $100 rent increases (20 per cent) for November, but few followed his lead to have the increase phased in.

"His rent is now going up by $33 next monthto $533, compared to the $100 increase others are facing.

"I spoke to six or eight people directly advocating that they appeal, and no one I know of appealed," said Burgess, who is doubtful they can all afford what is coming their way.

"Two or three of them are on disability pensions, so they get very little money to live on,and there's no place they can go to," he said.

Janelle LeBlanc of the Common Front for Social Justice in Moncton said putting the onus on tenants to file paperwork and dispute their landlord's rent increase request is a policy change that guaranteed help would not reach some renters.

LeBlanc cited literacy and mobility problems among some people, lack of access to computers to fill out online forms, low levels of understanding of what help is available and cynicismabout whether anything will be done if help is asked for.

All these play roles in why some renters do not seek relief that, on paper, is available to them.

"It is definitely a barrier," LeBlancsaid of the application process.

"It it is an accessibility issue. People who live in poverty, many of them don't have access to the internet. A lot of people don't have access to a computer. And you know what? Not a lot of people even know about this."

Emily Donner did know about the phasing in of rent increases and tried to access it for herself but fell through the cracks anyway.

Donner took her notice of a 15 per cent increase in person to a Service New Brunswick office last spring and was told she would be contacted by phone.That proved unworkable because of her own odd work hours, so Donner followed links to fill out forms online.

She found out later that because she received a white screen after clicking the button to submit the form rather than a confirmation number, her request wasn't registered. By the time that became known the 60-day application period had expired.

"It wasn't until a couple of months later when trying to sort all of this out that it was stated if you got a white screen at the end of the application form it wasn't successful." she said.

Donner's rent jumped 15 per cent on Oct. 1, compared to five per cent for others in her building who successfully filed their paperwork.She is frustrated with the entire process and struggling with the higher bill.

"It would have helped a lot," she said. "Five per cent is much more manageable than 15, and to know that I have that security for three years would mean a lot.

"You follow the rules, and then you're met with 'Well, there's nothing more we can do because you weren't given a reference number when you went in and tried to apply twice, and now that 60 days has passed.'"

The Tenant and LandlordRelations Office does not discuss individual cases, but it did supply statistics showing 157 tenants across the provincewon phased-in rent increases between January and September this year, with another 59 cases under review.

Linda Patterson said this number sounds low to her and she suspects most tenants with large increases are not accessing the help they are entitled to.

"I am sure there are a lot of them out there that have not applied," said Patterson.

"I'm sure it's in the thousands I can't see it be otherwise."