The Hidden Homeless: Residential Tenancy Issues of Victims of Domestic Violence

Lois Gander, QC (U of A) Rochelle Johannson (CPLEA) Project Idea Community Advisors The Process

1.What is the legal context for victims of domestic violence in relation to rental housing? 2.Does the legal context help or hinder victims of domestic violence maintain stable rental housing? Research Questions

Literature Review and Annotated Bibliography Legal Review Key Informant Interviews Focus Groups Community Advisor Input Challenges Successes Methods

Q. What is the legal context for victims of domestic violence in relation to rental housing? A. Their legal context is complex. Victims are usually involved with multiple legal systems at one time. Findings

Q. Does the legal context help or hinder victims of domestic violence maintain safe rental housing? A. The legal context significantly hinders the victim from maintaining safe rental housing. Findings

“ The legal context is very challenging for women.” “Legal remedies either are not available at all, are being sought inappropriately, or are generating negative results.” “The legal system is aggressive, often too adversarial for victims.” “If you can access it, the civil system provides essential service. But it’s a long, arduous, expensive, and unpredictable process. Meanwhile, the victim is in legal limbo.” “The lack of coordination means the victim has to weigh her options and getting legal services for residential tenancy issues may be very low on her list of priorities. She just wants to find somewhere new to live.” Findings

There’s a law? I’m not aware of a law or remedies that help victims of domestic violence get or maintain rental housing! I can’t think of any particular piece of legislation or even common law that provides specific protections for people who are victims of domestic violence. I am always asking the landlord, resident manager, or housing provider for an exception to their policy to be made or to change their mind on an eviction notice based on their compassion. That’s our only argument. Findings

Financial Problems With respect to the rental premises (on the hook for unpaid rent, cost of repairs because she is listed as a tenant on the lease) No access to financial resources Asset tests to be eligible for legal services Findings – Common Problems

Evictions Substantial breaches under the RTA Breach of social housing policies (e.g., crime free) Breach of shelter policies

Findings – Common Problems Termination of the tenancy No unilateral termination of the tenancy agreement The victim will continue to have obligations even if she moves out The victim may want to remain in the property but the abuser cannot be removed from the agreement

Findings – Common Problems Security Deposits Many landlords do not return the SD or return it late Making an application for its return is not usually viable The victim has to find the funds for a new SD

Findings – Common Problems Securing the premises Changing locks in a rental property can be problematic Sometimes need a court order

Findings – Common Problems Screening/Application Victims rarely have a good reference from the previous landlord Bad credit history (financial abuse) Discrimination on the basis of income source, ethnicity Large families and pets

Findings – Common Problems Shelter Policies 1.Stays are not long enough 2.Priority given to women with children 3.Policies can be difficult for a victim to adhere to (e.g, no cell phone, requirements re: discipline of children, etc) 4.Reconciliation attempts

Findings – Common Problems Immigration Status Status can be revoked Status may be a complete bar to some forms of housing

Findings – Common Problems Too Complex The complexity of the laws, rules, and processes governing the domestic violence, the rights and responsibilities of family members, and the housing options make it difficult for the victim to find a safe and appropriate home for herself and the children.

Edmonton needs more non-market housing, including emergency shelters, staged shelters and social housing. Recommendations

Victims of DV need to be provided with increased financial assistance to adequately meet financial obligations with respect to their accommodations. Recommendation

Laws and policies that govern housing need to be reformed to effectively respond to the variety of needs of victims. Recommendation

More wrap around services for victims, including more accessible legal services. Recommendation

More training is required for police, judges, lawyers, hearing officers, and landlords regarding the phenomenon of domestic violence. More educational resources and opportunities for the public, service providers and victims. Recommendation

More research on specific topics to better understand the intersection between residential tenancy law and the needs of the victim and her family. Recommendation

There has been an overwhelming response from the community. The research report is being distributed widely (ARTAC, ESC Conference) and educational activities have already been requested from landlords. Moving Forward

Any questions? Thank you!