The Toronto Regional Real Estate Board (TRREB) recently released a report “Breaking the Backlog: Restoring Fairness and Justice to Ontario’s Landlord and Tenant Board”, providing insights on systemic inefficiencies in the Landlord and Tenant Board (LTB) and their broader implications for Ontario’s housing market. Their report calls for a series of reforms aimed at improving the LTB’s operations and restoring trust in its ability to deliver timely resolutions for landlords and tenants.
The province has taken some initial steps and is adopting a couple of the recommendations under the report. In its Fall 2024 Red Tape Reduction package, announced on November 20th, the Ontario government announced plans to implement the recommendations to permit the LTB to waive minor application errors and to streamline the process of reassigning cases when adjudicators change.
Background
Ontario’s housing crisis has been an ongoing concern; a key aspect of the issues has been the lack of affordable rental units and increasing tension between housing providers and tenants. TRREB’s President Jennifer Pearce emphasized that delays and inefficiencies at the LTB exacerbate the problem, stating, “The province is taking important steps to improve the operations of the LTB, but further action is needed. We must fix the problems at the LTB to give landlords more confidence to bring rental units to market and support tenants.”
The LTB currently faces an unprecedented backlog, with over 53,000 unresolved cases as of February 2024, according to an Ombudsman Ontario investigation. These delays leave landlords dealing with unpaid rent or damaged properties, and tenants stuck in poor housing conditions. Prolonged disputes also discourage property owners from listing rental units, exacerbating the supply shortage.
TRREB’s report highlights the dual impact of these inefficiencies: reduced rental housing supply and diminished trust in the province’s ability to resolve disputes fairly and promptly. By addressing these systemic issues, TRREB argues, the province could unlock additional rental housing supply while fostering a more equitable environment for all stakeholders.
TTREB’s Recommendations
TRREB’s report outlines ten recommendations to address the LTB’s operational challenges.
Restoring In-Person Hearings: TRREB recommends reinstating in-person hearings as the default option, while maintaining digital hearings only when both parties agree. This would help ensure better accessibility and reduce issues caused by unreliable technology.
Reducing the Backlog: The report suggests creating a dedicated team focused on addressing the backlog, particularly older and urgent cases. This would streamline case resolutions and help reduce delays.
Improving Staffing and Training: TRREB calls for enhanced training of adjudicators to ensure they are equipped to handle a wide variety of cases efficiently. It also recommends that part-time adjudicators be assigned manageable workloads that reflect their availability.
Addressing Outdated Technology: The report emphasizes the need to upgrade the LTB’s outdated case management system. This upgrade would ensure that the system can handle the volume of cases without technical failures or delays.
Strengthening Application Processes: TRREB recommends introducing a better screening process for applications to catch minor errors before they result in unnecessary delays or case dismissals.
Ensuring Timely Case Resolution: The report advocates for enforcing stricter timelines for the resolution of critical cases, particularly those involving tenancy terminations. This would prevent extended uncertainty for both landlords and tenants.
Managing Adjudicator Terms: The report suggests streamlining the process for managing the expiration of adjudicator terms. This would avoid delays caused by case reassignment and ensure continuity in decision-making.
Improving Accessibility for Vulnerable Groups: TRREB recommends introducing measures such as a government-subsidized guarantor program to help renters who lack traditional credit histories or co-signers, thus improving their ability to access housing.
Enhancing Fairness in Renters’ Rights: The report calls for a review of discriminatory practices in the rental market, funding studies to identify and address biases, particularly those affecting marginalized groups.
Streamlining Adjudicator Appointments: TRREB proposes reforms to the appointment process to ensure that experienced adjudicators are retained. The process should be based on merit rather than political cycles to reduce turnover and improve consistency.
Moving Toward Solutions
TRREB’s report aligns closely with findings from the Ontario Ombudsman’s 2023 audit, which highlighted the systemic challenges affecting the LTB, including barriers to access and discrimination. To create a more equitable housing system, the report advocates for measures such as government-funded programs to combat discriminatory practices in the rental market and initiatives to support renters without traditional credit histories.
The report also emphasizes the importance of stability within the LTB’s staffing and appointment processes. Frequent turnover of adjudicators disrupts case flow, adding to delays. Establishing an independent oversight body, such as an Adjudicative Tribunals Justice Council, could help ensure continuity and expertise among LTB members.