Tenant Defence Fund Pilot Program
For more information about the Tenant Defence Fund Pilot Program or would like to apply to the Program contact:
Tenant Relations Officer
Call 905-546-2424 ext. 3941
Email [email protected]
The Tenant Defence Fund Pilot Program (TDFPP) is open to eligible groups of at least 4 tenant households whose landlord have applied to the Landlord Tenant Board for an Above Guideline Rent Increase (AGI). The TDFPP can provide resources and knowledge to help tenant groups defend the application at the Landlord Tenant Board.
The support can include securing meeting space, printing and photocopying documents relating to the grant application, and up to $1000 to hire a paralegal or lawyer Licensed with the Law Society of Ontario to help the tenants prepare for the case and represent them.
Eligibility & Requirements for the TDFPP:
- At least 20% of the units affected by the application must oppose the application (by signing a petition in the TDFPP application).
- Only one tenant group from any rental complex may receive funding (the first to apply)
- There must be at least four households in the tenant group
- Monthly rents for each unit participating in the case must be at or below the following (current rent before the AGI application is submitted by the landlord):
Maximum Qualifying Pre-Application Rent
Three Bedroom or Larger
- At least 20% of the units affected by the AGI application must be currently rented at or below the qualifying monthly rent in the table above.
- Each affected household must sign a form stating that their current rent is at or below the amount in the table above
- The tenant group must choose one tenant representative as the primary representative for the group. The group must also name an alternative tenant representative in case the primary representative cannot complete their required tasks.
- Program funding is limited.
Tenant Defense Fund Program Expansion
In March 2019, the City created the Tenant Defence Fund (TDF) to assist with Above Guideline Increase (AGI) applications at the Landlord and Tenant Board (LTB). In Spring 2021 the City expanded the TDF program to support tenants through a LTB application related to N13 notices, also known as renovictions (report HSC19011(a)).
Expanding the Tenant Defence Fund to include renovictions will allow the already existing program and staff compliment to support tenants with preparation and legal support at the LTB. The Province of Ontario provides guidance to tenants if evicted due to renovations:
Your landlord must also compensate you if they evict you from your unit to:
They must give you the right of first refusal to move back into the unit following the renovation. You must notify your landlord in writing before you leave that you want them to offer you the unit when they complete the renovation. Under the new rules, if your landlord fails to provide you a right of first refusal, you will have two years, rather than one, to file a claim with the Landlord and Tenant Board for compensation.
The termination date in the landlord's notice of termination must be at least 120 days after the notice is given and must be the last day of a fixed term tenancy, or if there is no fixed term, the last day of a rental period. This notice is often referred to as a "Form N13".
Tenants who have been issued an N13 notice, who believe the landlord gave a notice in bad faith can apply for the TDF for support through the LTB process. Individual or groups of tenants are eligible for a TDF application under the renovictions category. Tenants must show proof of address and evidence of eviction in the form of an N-13 notice or other notice provided to them notifying them of the eviction due to renovations.
TDF grants will be reviewed on an individual basis, once TDF grant applications total the program limit of $50,000 are approved, no further TDF grant applications will be approved.
It is not a goal of the TDF to stop landlords from obtaining fair AGIs or completing renovations that meet the criteria set out in the RTA, but to provide resources to vulnerable tenants who may not have the resources or abilities that are typically available to their landlords, so they can ensure that any AGI or renovation they are subject to meets the RTA.
This expansion of the TDF aligns with the goals and strategies of the Housing and Homelessness Action Plan. Specifically, Outcome 3: people have the individualized supports they need to obtain and maintain housing, strategy 2: Increase housing supports that help tenants remained housed and Outcome 5: All people experience equity in housing and housing-related services, strategy 5: Improve information and knowledge sharing within the housing sector.