Posted at 5:00 am
René*, 68, has lived in his home on Ontario Street in Hochelaga-Maisonneuve, Montreal for 54 years. He came there with his parents when he was 14 years old.
But on December 30, his world collapsed when he received an eviction notice from his new landlord, who wants to convert the building’s two apartments into Airbnbs for short-term rentals, which is permitted by law.
“That shocked me,” says the frail sixty-year-old, who prefers to remain anonymous for fear of being unable to find new accommodation. “After 54 years in the same place it will be difficult to move, especially at my age. It’s demoralizing. »
“We are all destabilized. We didn’t expect that,” adds Jean-François Raymond, who has lived on the ground floor with his wife for 22 years and has also received an eviction notice.
The two tenants are desperate. If they have to leave on July 1, they fear they won’t be able to find other affordable housing in the area.
René pays $685 a month for his 6.5 room apartment. The house is a bit run down and could do with a refurb, but the low rent makes it fit.
“In the neighborhood, apartments of the same size can be rented for $2,500 a month,” observes Annie Lapalme, community organizer for Entraide Logement Hochelaga-Maisonneuve and the BAILS Committee, which deals specifically with the issue of evictions in the area.
PHOTO HUGO-SEBASTIEN AUBERT, THE PRESS
Annie Lapalme, community organizer
For almost two months, about thirty tenants threatened with eviction have asked the housing committees in Hochelaga-Maisonneuve for help, reports Ms Lapalme.
Jean-François Raymond appealed his eviction to the Administrative Housing Tribunal (TAL). In particular, he wants to obtain compensation for René and himself to take account of the many years they spent in their homes.
“With the development in the neighborhood and the festivals that are happening in the summer, the owner will be able to rent it for $2,000 a week,” he points out.
Legally approved
Converting an apartment into tourist accommodation is a valid ground for eviction under Quebec law.
“A landlord can only evict a tenant for four reasons, and one of those reasons is the change of use of an apartment,” explains Me Sophie Gagnon, managing director of Juripop.
The conversion of a rental unit into a tourist residence through the Airbnb platform is considered a change of use allowing the eviction of a tenant.
Me Sophie Gagnon, Managing Director of Juripop
Housing that had a residential appeal then becomes commercial.
A landlord can also terminate a tenant if he wants to share an apartment or enlarge it significantly or even demolish it. He can also take over an apartment to house himself or a member of his family.
The section of Ontario Street where the building is located is one of the areas where Airbnbs are allowed in the Mercier-Hochelaga-Maisonneuve District, which in 2016 regulated tourist accommodation to restrict it to certain areas.
“But it’s not enough for the owner to say they want to do an Airbnb,” Me Gagnon notes. If the tenant disputes the eviction notice, the landlord must prove that his project is viable and realistic. »
The tenant can try to prove that it is a ploy to get rid of a tenant who is not paying much.
Me Sophie Gagnon, Managing Director of Juripop
One of the building’s co-owners, Danny Kang, who bought the home Dec. 15, says the Airbnb conversion project is indeed serious. “Yes, it’s a renter’s apartment,” Mr. Kang agrees. But we are within our rights. The development of the community allows for short-term rentals. »
He adds that he and his partner intend to build more apartments on a vacant lot next to the building.
A provincial power
Annie Lapalme is asking the county to allow new Airbnbs in designated areas, but only if the project doesn’t result in the eviction of tenants. For example, if tenants move out or if it is a new apartment.
“The county could change its regulations pretty quickly,” says Ms. Lapalme.
You don’t need to ask Quebec because since the arrival of the CAQ there has only been setbacks in terms of housing while we are in the midst of a housing crisis.
Annie Lapalme, Community Organizer for Entraide Logement Hochelaga-Maisonneuve and the BAILS Committee
“It’s a terrible story,” laments the mayor of Mercier-Hochelaga-Maisonneuve, Pierre Lessard-Blais, about the situation of the two tenants. But the district has no power to intervene, he says.
“If it were just me, we would ban Airbnb rentals for more than 30 days a year throughout the territory,” says Mr Lessard-Blais. “But Quebec law doesn’t allow us to do that. We only have the power to restrict sectors where allowed. Our policy prohibits Airbnbs of 30 days or more in 95% of the territory. »
The city of Montreal has already asked the Quebec government to revise the law so that changing the destination of an apartment to convert it into a tourist residence is no longer a valid ground for eviction, the borough’s mayor reveals.
“Someone who rents their accommodation for a week while on vacation is fine. But if it’s more than 30 days a year, it becomes a business that denies a family access to housing in a residential area” while Montreal is going through a housing crisis, he denounces.
According to Inside Airbnb, 92% of listings in Montreal are not licensed.
* The tenant declined to give his name for fear of reprisals.
Learn more
13,913 listings on the Montreal Airbnb site, including 10,716 for full apartments
794 Number of listings on the Airbnb site in Mercier-Hochelaga-Maisonneuve, including 556 for complete accommodations
Source: Inside airbnb