Cathy Dobson/The Independent

Robyn Johnson says she’ll be living in a tent if she’s forced to leave her $770 a month, two-bedroom townhouse.

She’s lived on a fixed income at Village Green, a group of townhouses at 848 and 852 Exmouth St. in Sarnia, for 20
years and never thought she’d have to move.

But that was before the 45-unit complex was sold to a numbered Ontario company based in Mississauga and tenants received eviction notices.

Paperwork called N-13s was distributed in January, telling tenants to vacate to accommodate extensive renovations. It was signed by an individual named Rex Brondial who is identified as a director with the new ownership.

“As you know, the building has not undergone significant renovations since its construction, and there are important safety issues that need to be addressed,” the notice reads. “We understand that this news may come as a surprise, but it is essential for the necessary work to be completed to keep up with rental market conditions.

“Due to the presence of high levels of asbestos and lead paint, along with the extensive nature of the construction, we must require vacant possession in order to carry out these renovations,” said the notice.

It goes on to offer a $5,000 cash-for-keys deal to anyone willing to leave by March 31, a sum that was later increased to $10,000, according to Johnson.

N-13s are commonly used by landlords to force tenants to leave during major renovations. Legally, those tenants must be allowed to return to their homes and pay the same rental rate once renovations are complete.

Brondial’s notice said work is expected to be finished within eight months.

Numerous tenants took the cash offer and left, according to Johnson. Today, only she and eight others remain.

They say finding a place to live during renovations is a hardship they can’t afford. The uncertainty is stressful. And living conditions are getting increasingly difficult.

For weeks they’ve put up with the sound of heavy machinery as the landlord has gone ahead with renovations.

In August, the front steps of each of the townhouses were removed, along with decks and sidewalks.

Johnson, 68, has difficulty walking and said she could not leave her home for four days after the steps were removed.

When she called the fire department, a representative came and found the exits were not in compliance with the fire code, she said. A ramp was quickly built to allow her to leave her unit but uneven plywood outside her door is a tripping hazard.

Over at Ruth Coran’s unit where the 83-year-old has lived for 45 years, a rough wooden pallet replaced her steps. When workers dug a gaping hole under her front window, she used large rocks to create a barrier so her dog wouldn’t fall in.

Sarnia’s Chief Fire Prevention Officer Pete Aalbers said the department has responded to nine complaints related to Village Green since January, but all issues have been addressed and the complex is currently in compliance.

The provincial Ministry of Labour has also issued numerous compliance orders after receiving health and safety complaints, according to Johnson.

Meanwhile, the tenants contacted Community Legal Assistance Sarnia (CLAS) to help them with the legal process, said tenant Jeff Corey.

“I’ll have to declare bankruptcy if they make me leave,” he said. “There isn’t any other option but to stay and fight.”

He and Johnson are convinced the new owner is reconstructing the units and adding bedrooms in each basement.

“They’re only getting rid of us so they can raise the rent,” said Corey.

What’s happening at Village Green is a classic renoviction case, says Jon Swain, a paralegal at CLAS.

It’s okay for landlords to renovate, he said. “But not by making vulnerable people homeless.

“What often happens is landlords slow-walk the renos so that the likelihood of tenants returning is very low. Their strategy is to make living conditions very poor,” said Swain. “It’s like a war zone over there.”

The new ownership has requested a Sept. 23 hearing with the Landlord and Tenant Board(LTB) in its ongoing effort to evict the Village Green tenants.

“No doubt there are things that need fixing, but the occupied units have no maintenance required,” said Swain.

“So our position is that they should be working with these tenants using a commonsense approach.”

That would mean renovating the vacant units first, moving the remaining tenants into them, then renovating the balance, Swain suggested.

“These are good tenants that are being penalized. They are long-term and they pay their rent.”

According to Swain’s colleague Jeff Wilkins, a housing stability worker at the Chatham-Kent Legal Clinic, this is not the first time Rex Brondial’s name has been associated with renovictions.

At the request of the same numbered company, an LTB hearing was held Aug. 27 in an effort to use N-13s to evict 20 tenants from an eight-storey apartment building in Chatham.

Neither Brondial nor a representative showed up at the hearing, said Wilkins. The case was dismissed and costs were awarded to the tenants, he said.

“What’s so blatant is that N-13 notices were sent to Brondial’s tenants in Chatham and Sarnia on the same day and with the same wording,” said Wilkins. Tenants at a third building in Tillsonburg also received identical paperwork from Brondial, he said.

“He’s just using N-13s to get rid of tenants by scaring them, offering them a bit of money and then renting those units out for thousands of dollars more once they renovate.”

Tenants who receive N-13s do not have to leave their homes, said Swain. He urged them not to sign anything and seek legal assistance.

The Chatham case has prompted approval of a new bylaw there effective Oct. 1 to protect tenants from landlords operating in bad faith. Chatham-Kent’s bylaw will require landlords to prove extensive renovations need rental units to be vacated.

It also requires landlords to assist with rent if a tenant has to move to a more expensive unit during renovations.

In February, Sarnia city council voted in favour of a similar municipal bylaw to stoprenovictions.

When the newly-elected Sarnia council convenes Nov. 23, it’s anticipated a draft bylaw will be ready for debate that requires landlords to obtain renovation licences, provide gap payments and pay moving expenses.

The Independent contacted Rex Brondial via email about the Sarnia tenants concerns. He wrote;

“We have currently removed the asbestos in all units, except for those that are occupied.

“Regarding the broader context of property management in the province, the current regulatory framework in Ontario makes it increasingly difficult for landlords to maintain and upgrade affordable housing,” Brondial said in the email.

“Policies enacted by decision-makers without business experience have destroyed our housing market.

“Until housing providers are given respect and permitted to upgrade their properties without facing immediate criticism, the supply of affordable housing will continue to decline.”

Brondial added; “We will be attending the Landlord and Tenant Board hearing scheduled for Sept. 23. At that time, our engineer and the Ministry of the Environment will testify that the tenants must vacate the property prior to the renovations being completed.”