Summaries of decisions

Low-rental housing

The Régie makes summaries of decisions on various topics available to you.

That tool could be useful to prepare your application or as part of a conciliation session. For example, it could help you estimate the amount of damages to which you are entitled or the nature of the orders likely to be issued by the tribunal.

Warning

The following examples of judgements are provided for information purposes only.

Several factors can influence a judge’s decision. For example, a clause provided for in the lease, the relevance and quality of the evidence provided, etc. In summary, each case is different and each decision depends on the evidence submitted to the tribunal.

Issue

Application to enter name on the list of persons eligible for subsidized dwelling in a housing cooperative

Subsidy under the Rent Supplement Program (RSP)

Refusal by lessor

Summary of the application

The lessee seeks:

  • review of the lessor's decision that she is ineligible for subsidized housing through the RSP
Outcome

Review the lessor's decision that declares the lessee ineligible to receive subsidized dwelling through the RSP.

The lessor is ordered to assess the allocation of a subsidy to the lessee through the RSP.

Reasons

The lessor did not inform the lessee of the grounds for its decision to declare her ineligible for subsidized housing through the RSP.

The lessor did not inform the lessee that she could apply to the Régie du logement for a review of this decision.

This is not a case of relocation within the meaning of the By-law respecting the allocation of dwellings in low rental housing.

The mere fact of already being a lessee of a dwelling in low rental housing is not a reason for ineligibility for the allocation of another dwelling in low rental housing.

Full judgment

Ferland c. Office municipal d’habitation de Québec* (December 20, 2018)

* Discontinuance of appeal

 

Issue

Relocation

The rooms in the new dwelling are too small to hold personal belongings

Absence of parking inside the building

Summary of the application

The lessee seeks:

  • review of the lessor's decision to transfer him and relocate him to another building and dwelling unit
Outcome

The lessor's decision is upheld.

The lessee is eligible for the proposed dwelling – relocation is justified.

Reasons

The composition of the household allows the lessee to occupy a dwelling with 2 bedrooms, and not 3 as in his current dwelling.

The lessee, who is over 60 years of age, must be transferred to a building suitable for his age bracket.

The lessee may not claim to have an acquired right to a dwelling equipped with:

  • an inlet for his washing machine and dryer
  • an indoor parking space

The lessee's refusal to comply with a relocation notice is a serious prejudice due to the long waiting lists managed by the lessor.

Full judgment

Khoury c. Office municipal d’habitation de Montréal secteur Nord-Ouest (November 22, 2018)

 

Issue

The lessee applied for low-rental housing.

On her form, she indicated which sectors of the city she wanted to live in and specified that she did not want to rent a dwelling located in the basement of a building.

The lessee refused to take possession of the dwelling because it was a basement or semi-basement.

The lessor struck her name off the list of persons eligible for the allocation of subsidized low-rental housing for a period of three years.

Summary of the application

The lessee applies for:

  • the review of the lessor’s decision
Outcome

The lessor’s decision is upheld.

Reasons

It is up to the lessor to demonstrate that the striking from the eligibility list is compliant with the conditions set out in the by-laws.

The preferences expressed by the lessee with respect to the floor of the dwelling are not among the options justifying a refusal to rent or take possession of a dwelling under the By-law respecting the allocation of dwellings in low rental housing.

The choices of the lessee that can justify a refusal to rent or take possession of a dwelling are limited to the location of the dwelling in the city or municipality in question.

Full judgment

Lafrenière c. Office municipal d'habitation de Sherbrooke (February 21, 2019)

Note to reader: The above examples of decisions were selected and summarized by SOQUIJ. In rare instances, they may have been appealed from before a higher court. If you wish to cite one of those judgments before a tribunal, it is recommended that you check the plumitif of the courthouse in question.

Continue searching

If need be, you can consult other decisions with regard to dwelling leases by using the search engine (in French only) available free of charge on the SOQUIJ website. For best results, simply select a tribunal (e.g. Régie du logement), and enter French key words such as “bruit” (noise), “moisissure” (mould), “zoothérapie” (animal therapy), “résiliation” (resiliation), “expulsion” (eviction), etc.