Dorothy Westerman
Northern News Services

Yellowknife (Aug 08/05) - Difficult situations between landlords and tenants do not have to result in eviction, says Paul James, who knows of a better way.

Paul James, director of tenancy advocacy for the Centre for Northern Families, says ensuring people know their rights when it comes to landlord/tenant issues is the mandate of the newly-formed tenants' rights group.

The creation of a new residential tenancy advocacy group now means both NWT renters and landlords have a resource designed specifically to resolve disputes, says James, the director of the tenancy advocacy group.

The group operates out of the Centre for Northern Families in Yellowknife. It has just recently got up and running, reaching out to prospective clients by pamphlets posted throughout the city, and by word of mouth.

"There are a lot of people who do not realize they have a right to due process when it comes to landlord/tenancy issues," James said.

A shortage of affordable housing, unforgiving landlords due to non-payment of rent, or various forms of discrimination contribute to a high incidence of landlord/tenant difficulties, James said.

The advocacy group will help tenants understand their responsibilities under the Residential Tenancy Act, as well as provide resource information or provide representation as a layperson during mediation or arbitration hearings pertaining to the Act.

"Already we've been successful in stopping the eviction of a few people," James said.

There are contributing factors to landlord/tenant friction, James noted.

Low literacy among the centre's clients, and their not understanding the Residential Tenancy Act as a result; and language barriers are two difficulties.

"There are about 80 per cent of our clients at a disadvantage," because of those reasons, he said.

Clients approaching the group will be assisted in determining whether rights have been violated under either the Residential Tenancy Act or the NWT Human Rights Act.

"We will then assist them to prepare and file their complaints, adjust problems and resolve issues," James said of the free service offered.

"If that doesn't work, we would provide third-party intervention."

The cost to run the advocacy program will be about $100,000 annually, he said.

A funding proposal is being prepared for the NWT Housing Corp., as well as seeking corporate and private sponsorship, James said.

Arlene Hache, executive director of the Centre for Northern Families, said the centre has been providing advocacy in various areas for 15 years.

"This will really help focus on specific work on the needs of landlords and tenants," Hache said of an issue she described as "huge."

In smaller Northern communities, Hache said problems exist when people do not understand the responsibilities of being a tenant.

And what renters don't understand about their obligations isn't going to help their relationship with subsequent landlords.

For the landlord, after all, rent from an accommodation is part of a business. No rent equals no income; and that means no profit for that rental company.

Within NWT Housing Corp., Hache said there is a long history of tenants not paying their rents going back decades, so a solution for all concerned must be forthcoming.

"The NWT Housing Corp. and the government should have an interest in doing something proactive and positive instead of doing nothing," Hache said. "The only solution they've come up with so far is to evict everybody."

Fred Koe, president of the NWT Housing Corp., said there are many issues facing landlords and tenants, including damages, overcrowding or non-payment of rent.

"Any efforts to resolve issues between landlords and tenants is going to be appreciated by all parties," Koe said.

"As a government agency, we try to resolve issues with tenants. But if people don't pay, what do you do?," he said. "There is a whole process that we have to follow, like any other landlord."

Koe said there is a high rate of arrears from non-payment of rent.

Jeff Anderson, chief financial officer with the housing corp., said they are able to collect about 90 per cent of the $3.5 million to $4 million in annual rent assessments.

There are certain principles in the Human Rights Act which specify a landlord cannot discriminate against a tenant based upon disability, age, sex, family status or social condition, said Therese Boullard, director of the NWT Human Rights Commission.

Examples would be if a landlord refused to rent to someone on social assistance or with children.

"If anyone is refused tenancy or evicted for those reasons, they could file a human rights complaint," Boullard said.

"This reflects the state of law in Canada," she said.

"If a client wants to file a complaint, they would come to our office and we would open the complaint, process it and notify the landlord. We would then conduct an investigation," Boullard said of the complaint process.