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Accommodating homeless young people with mental health issues

accommodating homeless young people with mental health issues-26

I say "normally" because the behaviour complained of is not acceptable behaviour in a rental complex and the (Ontario) allows a landlord to terminate a tenancy where this kind of conduct takes place.However, in situations where this kind of behaviour exists because of a mental health condition it is possible to avoid eviction and maintain the tenancy on the basis of Human Rights law, specifically the (OHRC).

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The verbal aggression and confrontation is real, scary, and disturbing to other tenants and the landlord.However, unlike a situation where the behaviour is intentional, the tenant in this example can provide medical reports and explanation from a treating phsyician explaining what is happening, why it is likely happening, and most importantly that the behaviour is temporary.The physician provides an opinion that the tenant poses no real physical threat.The "duty to accommodate" is something that the HRCode imposes on all landlords.Some landlords greatly resist this obligation citing their view that they are not social workers and that they have no obligation to look after the tenants beyond collecting rent and maintaining the units as per the lease and the RTA.When the condition is under control, the complained of behaviours stop.

However, when the condition is not controlled you get the kinds of behaviours described--which in varying degrees range from being an annoyance to other tenants to becoming issues of impaired safety or even illegal conduct.

The reality is that this view is simply wrong and it is inconsistent with the actual law.

The duty to accommodate (to the point of undue hardship) can take many forms.

In light of this information, the tenant's spouse, family member, asks the landlord and other tenants for understanding, asks for some patience, and advises that all should be well within a month or two. What if the tenant's spouse says to anyone with a concern or problem to please call her/him immediately if anything is happening so that he/she can take care of it?

The duty to accommodate forces landlords, tenants, and the Landlord and Tenant Board to investigate how and why certain things are happening.

Sometimes it involves providing grab bars for physical infirmities or even extra sound proofing to deal with extra noises.