Houston government rejects plea for residential tenancies enforcement unit

Proposed changes to Nova Scotia's Residential Tenancies Act that would extend a rent cap and allow landlords to evict tenants sooner strike the "right balance" between both parties, the minister responsible for the legislation said Friday.

But Colton LeBlanc said the government won't heed calls from tenants and landlords to create an enforcement unit to go after those who flout the act.

The decision on the enforcement unit flies in the face of a recommendation put forward by a consultant who studied the issue on the province's behalf.

The Nova Scotia government hired Davis Pier Consulting in 2022 to study Ontario's compliance system and come up with a design detailing the scope, structure and costs of implementing something similar in Nova Scotia.

The consulting firm recommended the creation of a residential tenancy compliance and enforcement unit and urged the province to have it in place by last March.

LeBlanc told reporters Friday the government decided the unit was not necessary and would only slow down the dispute-resolution process for tenants and landlords.

"It would be bringing more bureaucracy and more red tape, at a time we need less red tape," said LeBlanc during a briefing to explain changes being made to the Residential Tenancies Act. "I think Nova Scotians, in today's tight rental market, are looking for a quick fix."

LeBlanc said creating a unit "wouldn't achieve what tenant and landlord organizations have said it may achieve." 

The latest changes being proposed to the act include:

• Extending the current five per cent cap on rent for two more years, until Dec. 31, 2027.
• Reducing the timeline for landlords to issue eviction notices for non-payment of rent from 15 days to three.
• Creating new grounds for eviction, including criminal activity, causing "extraordinary damage" to property and being "unreasonably" disruptive.
• Prohibiting tenants from subletting their apartments for higher than the rent being charged by the landlord.

LeBlanc said the changes balance the rights and obligations of tenants and landlords.

"It would be nice to have an easy, overnight solution to the housing crisis," he said. "The true solution to the housing crisis is more housing."

NDP Leader Claudia Chender dismissed that suggestion as a solution for tenants being priced out of their homes by landlords who are using fixed-term leases to get around the five per cent rent cap.

"The new apartments that are coming online are extraordinarily expensive," said Chender. "They are out of reach of anyone who will be impacted by any of the policies announced today.

"We are going to see more people who are needing services from government, we are going to see more people evicted into homelessness and we're heading towards the coldest season."

The amendments being proposed by the government do not limit the use of term leases, which LeBlanc said were appropriate in many instances.

"There's a time and place for fixed-term leases," said LeBlanc.

Liberal MLA Braedon Clark said he didn't understand the reluctance of government to limit the use of fixed-term leases.

"I think it's an issue for so many people," said Clark, who was also baffled by the government's admission that it doesn't know how many of the one-third of Nova Scotians who rent are on year-to-year leases.

"How many of those fixed-term leases are being renewed? How many are resulting in new rentals that are, in most cases, hundreds of dollars more?

"I think it could be one of those situations where you just kind of cover your eyes and don't want to know the truth." 

ACORN Nova Scotia, a social and economic justice organization, said the extended rent cap is not a substitute for rent control, calling the measure "meaningless" as long as landlords have the option of fixed-term leases.

"To those wondering why so many people are now struggling to afford rent or find stable housing, this is why," the group said in a statement.

The organization renewed its call for permanent rent control, the elimination of fixed-term leases, and legislation that would crack down on no-fault evictions.