Toronto Community Housing Corporation v Walugembe
Landlord wins · Etobicoke · 2025-03-25
- Adjudicator
- Kyle McGraw
- Dispute
- Misrepresentation Of Income
- Notice
- Misrepresentation of income (N6)
- Amount
- >$20K
- Landlord
- T.C.H.C.
- Tenant
- A.W.
- Landlord rep
- Lee-Anne Thibert
- Tenant rep
- Daniel English
What happened
The Landlord, a housing services provider, applied to evict the Tenant and for compensation, alleging the Tenant knowingly misrepresented their income for a rent-geared-to-income unit. The Tenant vacated the unit before the hearing, making the eviction request moot. The hearing proceeded on the Landlord's claim for compensation. The Tenant did not dispute the misrepresentation but challenged the Landlord's calculation and the Board's jurisdiction, which the Board found it was precluded from reviewing under section 203 of the RTA.
The ruling
The tenancy is terminated effective November 30, 2024, the date the Tenant vacated. The Tenant is ordered to pay the Landlord $35,186.00, comprising $35,000.00 in compensation for misrepresenting income (capped at the Board's jurisdictional limit) and the $186.00 application fee. The Tenant's challenge regarding the rent calculation was dismissed due to jurisdictional limitations under the RTA.