Tenants rights’ advocates call for better access to justice for renters

The Regroupement des comités logement et associations de locataires du Québec (RCLALQ) launched a week of action called :Au TAL, ça va mal,” at a press conference Monday.

The organization denounced what it deems to be a “serious dysfunction” at the provincial housing tribunal (TAL) and demanded better access to justice for tenants. They say that only 12 per cent of files being processed are from renters — the other 88 per cent are from landlords.

“At the creation of the Régis du Logement, [the number of complaints] was about 50/50. At first, tenants had more confidence in the institution. But over the years, because it’s very difficult for tenants to go through all the procedures,” stated Cédric Dussault, a spokesperson for the RCLALQ.

In a series of speeches, members of the panel discussed the ways in which the TAL’s current administrative procedures are negatively affecting tenants. The speakers focused on long processing times, the use of legal jargon that prevents from keeping up with new laws and correct procedures, and the psychological impact tenant’s face when confronted with landlord issues such as harassment.

The TAL is the provincial authority on housing law, it handles disputes between tenants and landlords, like rent increases, lease conditions, noise and repairs.

One of the things the RCLALQ demanded is to reinstate walk-in appointments for people in need of help.

The Syndicat de la Fonction Publique et Parapublique du Québec (SFPQ) claims that only eight per cent of phone calls are answered.

RCLALQ called out the long wait times over the phone, which they said are on average 17 minutes, and that in-person meetings are available by appointment only since the pandemic. It takes more than a month to get an in-person appointment. Those appointments must be taken through an online platform, which might be difficult for those who are not proficient with technology, or don’t have access to it.

As well, Dussault stated that some landlords don’t cash some renters’ rent cheques and proceed to open a file with the TAL, saying that the tenants never paid their rent. They do this with the intent to evict their current tenants and replace them with new ones who will pay higher rent.

Dussault says he believes this problem stems from the TAL’s lenience towards landlords: he says the tribunal doesn’t ask for proof from landlords but is much stricter with renters who are caught off guard.

“A lot of landlords are abusing the procedures at the Tribunal Administratif du Logement [TAL]. A lot of landlords are systematically taking the tenants to the [Tribunal du] Logement. And they are not interested in a conciliation. They use the procedures as a threat over their tenants,” said Dussault.

Members of the panel also noted other instances of TAL favoritism towards landlords, mainly in processing times. According to the TAL’s annual report for 2023-2024 non-payment of rent complaints are given a first hearing in an average time of 1.7 months, whereas urgent civil causes such as sanitary issues and harassment, take about 1.9 months. The target time for both was set at 1.5 months. Priority civil causes and general civil causes’ delays are of around 5.8 and 6.4 months respectively.

Comparing the data to the findings of the 2022-2023 annual report, the average time to obtain a first court hearing increased for all types of civil complaints, while non-payment and fixation of rent processing times decreased.

In a statement to CityNews, TAL Communications officer Denis Miron wrote that “It’s too early to consider changes to the organization of work in the citizen information service. Waiting times for appointments vary from day to day. Appointment management is dynamic and depends on the availability of resources and cancellations that occur at any time. In 2023-2024, the Tribunal received 91,006 requests. Requests are scheduled according to their level of urgency, based on the facts alleged and the conclusions sought. Each request is read and analyzed.”

Spencer Nault, an administrator for the Association des Juristes Progressites (AJP), highlighted the fact that these long wait times, coupled with the anxiety about appearing in court, can quickly take a mental toll on tenants.

“I know it’s really hard to keep calm in these types of situations because, you might lose your housing situation. But, there’s people that really want to help,” said Nault.

Nault also acknowledged the financial burden tenants face to hire legal help for the hearing. They believe this can cause more emotional distress, given that the tenant now has to prepare will have to defend themselves in court with no legal representation.

“The financial impact of someone that goes to the TAL can be really heavy if they hire a lawyer. […] [If] there is a real estate company that has a more than a billion dollars, so they have a lot of money to hire a lawyer if they need one and bring a lot of people in front of the TAL and a tenant doesn’t have normally like a billion of dollar to go in front of the TAL.”

Meanwhile, the union representing 180 of the TAL’s information officers says that the $6.2 million of carved out for the TAL in Quebec’s economic update last week is not enough.

“The amount, the 6. 2 million, is only for the next four years. And it’s also for The operation of Tribunal de la Mains, it’s not for the people or to get more workers or members of our union on the field for the people who are asking for help,” said Christian Daigle, president of the SFPQ. “It would help our members right now who are understaffed and they are really under pressure to answer all these demands, They know that these people need our help and that’s why they are feeling so bad right now because they’re not able to respond to them in a right amount of time.”