Residents of a downtown Toronto apartment complex have successfully secured a settlement of $1.2 million following a dispute that originated with a neglected tenant swimming pool. The Federation of Metro Tenants Associations (FMTA) and other industry representatives consider this settlement, averaging about $3,000 per unit, to be the largest they have ever encountered.
Yaroslava Avila Montenegro, the executive director of the FMTA, expressed satisfaction with the outcome, stating, “This victory is significant for the community. I commend the tenants for asserting their rights.” Cole Rodness, the vice president of asset management for Fitzrovia, the building owner, described the settlement as a positive outcome for both parties, emphasizing the potential for improved collaboration between residents and landlords moving forward.
The settlement marks the conclusion of a five-year ordeal for the tenants, which began with the closure of the pool in March 2020 due to the COVID-19 pandemic. Subsequent attempts by tenant Jennifer Kerwood to address the loss of the pool amenity through rent abatements were met with resistance from the landlords. Eventually, with the involvement of the Landlord and Tenant Board (LTB), Kerwood organized fellow tenants into the Sherbourne Estates Tenants Association, leading to negotiations with the new landlord, Fitzrovia.
Despite ongoing construction and renovation challenges, the tenants’ collective efforts led to a successful resolution. Fitzrovia agreed to provide a rent abatement of $3,000 per apartment for the approximately 400 rented units in the complex. The tenants have until the following June to accept the offer, with an encouraging response from about two-thirds of them so far.
This case, as noted by paralegal Elaine Page, sets a remarkable precedent in landlord-tenant disputes, illustrating the importance for landlords to consider the repercussions of withdrawing listed amenities from leases. The settlement signifies a significant milestone in tenant advocacy and the recognition of tenants’ rights in such disputes.