Munger v Lee

Split/Other wins · Niagara Falls · 2024-12-04

Adjudicator

Carrie Bertrand

Dispute

Tenant Rights

Landlord

Good Shepherd (Homes Program)

Tenant

B.M., S.H.

Landlord rep

Francisco Gomez

Tenant rep

Keri-Lynn Lee

What happened

Tenants applied for an order to determine whether the Residential Tenancies Act, 2006 applies to their tenancy. The landlord, Good Shepherd (Homes Program), operates a 25-unit building providing housing and support services to homeless individuals. The tenancy agreement stated the RTA does not apply, but the Act prevails despite any agreement to the contrary.

The ruling

The Residential Tenancies Act, 2006 applies to this tenancy. The landlord's supportive housing services do not meet the criteria for the s.5(k) exemption, as the services are incidental and not the primary purpose of the tenancy.