Residents of a downtown Toronto apartment complex have reached a $1.2 million settlement following a dispute that originated from a neglected tenant pool. The settlement, equivalent to approximately $3,000 per unit, is being hailed as the largest ever encountered by the Federation of Metro Tenants Associations (FMTA) and others in the rental housing sector.
Yaroslava Avila Montenegro, the FMTA’s executive director, expressed satisfaction with the outcome, stating, “This is a significant victory for the community. I am proud of the tenants for asserting their rights.”
Cole Rodness, the vice president of asset management at Fitzrovia, the building owner, characterized the settlement as a win-win for all parties involved. He emphasized the importance of collaboration between residents and landlords moving forward.
The resolution marks the end of a five-year ordeal for tenants that began in March 2020 when the pool was closed due to the COVID-19 pandemic. Jennifer Kerwood, a tenant, raised concerns about the closure and initiated discussions with the landlord regarding a rent abatement, which was initially contested.
Following the sale of the building to Fitzrovia, Kerwood escalated her complaint to the Landlord and Tenant Board (LTB). As the case progressed, she united with fellow tenants to address not only the pool closure but also the ongoing construction disruptions caused by the landlord’s renovation plans.
In response to the tenants’ grievances, Fitzrovia undertook building upgrades and enhancements, including the addition of a “pet spa,” without displacing residents or imposing rent increases.
After negotiations with Fitzrovia, Kerwood’s tenants association dropped its LTB applications, and a settlement was reached, offering a $3,000 rent abatement per apartment. The majority of tenants have accepted the offer, with a deadline for acceptance set for the following June.
Elaine Page, a paralegal specializing in landlord-tenant disputes, commended the unprecedented settlement, acknowledging the landlords’ generosity. She emphasized the lesson for landlords that withdrawing lease amenities can lead to rent reductions or abatements.
The successful resolution of the dispute reflects a collaborative effort between tenants and the landlord, setting a precedent for addressing similar issues in the future.