L.D. v. Metropolitan Regional Housing Authority

L.D. v. Metropolitan Regional Housing Authority

The Adjudicator vacated the Director's termination order because the Tenant's documented and observed mental disability made non‑compliance more likely and termination was disproportionate; instead the Housing Authority must specify required documents and allow the Tenant, assisted by an intermediary, 30 days to provide 2016 documentation and follow the same procedure annually, with reasonable accommodation, failing which termination risk remains.

Citation
2017 NSSM 73
Parties
Tenant (appellant): L.D.; Landlord (respondent): Metropolitan Regional Housing Authority
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 December 2017
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Order of the Director of Residential Tenancies vacated and replaced with conditional compliance requirements
Legal Topics
Lease Termination, Subsidized Housing Eligibility, Disclosure Obligations, Reasonable Accommodation, Appeal From Administrative Decision
Source Language
English
Residential Tenancies Housing Law Administrative Law Human Rights/disability Accommodation Lease Termination Subsidized Housing Eligibility Disclosure Obligations Reasonable Accommodation +1 more

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Parties

L.D.

Tenant (appellant)

Metropolitan Regional Housing Authority

Landlord (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal

Legal Issues

  1. 1 Whether the Tenant failed to provide required income and other information to support subsidized rent
  2. 2 Whether termination of the lease was an appropriate and proportionate remedy
  3. 3 Whether the Tenant's mental disability required reasonable accommodation that altered the remedy

Ratio Decidendi

The Adjudicator vacated the Director's termination order because the Tenant's documented and observed mental disability made non‑compliance more likely and termination was disproportionate; instead the Housing Authority must specify required documents and allow the Tenant, assisted by an intermediary, 30 days to provide 2016 documentation and follow the same procedure annually, with reasonable accommodation, failing which termination risk remains.

Court Disposition

Order of the Director of Residential Tenancies vacated and replaced with conditional compliance requirements

Orders

  • Order of the Director of Residential Tenancies dated October 18, 2017 vacated
  • Housing Authority to promptly provide Tenant a letter specifying the exact 2016 documents required