Infographic: New Brunswick's Affordable Rentals are Vanishing

In preparation for the New Brunswick Housing Futures Summit, the NB Coalition For Tenants’ Rights has produced an infographic detailing the reduction in affordable housing supply from 2011-2021. The data were made publicly available by Statistics Canada last fall and were analyzed by the Coalition and the nationally-recognized HOME-RL (Housing, Mobilization and Engagement Research Lab) at UNB Saint John.

Much of the Summit (which had its first meeting in February 2023) has focused on building new affordable housing, but the NB Coalition for Tenants Rights says that is not enough, and recommends that the adoption of rent control to hold on to the affordable housing already available in the province.

an infographic showing the reduction of affordable housing in New Brunswick

Tenants file complaint against the Saint John Apartment Owners Association with the Federal Privacy Commissioner over alleged tenant blacklist

Tenants in New Brunswick are expressing alarm following a public admission today by Gerry Webster of the Saint John Apartment Owners Association that his organization maintains a list of 2500 “problem tenants” that is shared among his association’s 100 members. 

The concerning admission about the tenant blacklist, which is illegal under federal privacy legislation, was made in a CBC article published May 17, 2022.

“Federal privacy rules are clear - a tenant blacklist is illegal. We have filed a complaint today with the Federal Privacy Commissioner’s office in response to Mr. Webster’s comments in the media,” said Jael Duarte, a lawyer and Tenants Advocate working with the NB Coalition for Tenants Rights.

The complaint alleges that Mr. Webster’s comments constitute an admission that the Saint John Apartment Owners Association maintains an illegal tenant blacklist. The complaint demands that the Association immediately stop maintaining such a list, publicly acknowledge that they have maintained the list illegally, publicly apologize for maintaining a blacklist and that they make a personal apology to every individual on the list.

Webster’s comments come after he has already admitted in an interview with the Telegraph-Journal that his members are looking for ways to circumvent the retroactive 3.8% rent cap proposed by the government by charging tenants extra fees in other ways. 

“It is clear that this group has no respect for the law. They recently admitted they want to circumvent the rent cap, now they admit that they maintain an illegal tenant blacklist. And their provincial counterparts used private tenant information last year to intimidate tenants and demand that they help campaign for a tax cut that would enrich landlords or face rent increases,” said Sarah Lunney, Provincial Chair of ACORN NB. 

In November 2021, the NB Apartment Owners Association distributed flyers to tenants calling on them to advocate for a property tax cut for landlords. They used private tenant information collected for the purpose of tenancies to engage in advocacy for personal gain, clearly misusing private data. 

The flyer suggested that high rents are a direct result of property taxes, effectively threatening tenants with rent increases if property taxes were not lowered. The NB Coalition for Tenants Rights filed a complaint with the Federal Privacy Commissioner on that issue in December, 2021 and is awaiting a response.

The NB Coalition for Tenants Rights and ACORN NB continue to call on the Government of New Brunswick for a new Residential Tenancies Act which guarantees the right to housing, strengthens protections for tenants, and includes a robust rent control regime that is permanent.

The Rent Cap has been announced, but there's more to be done

The New Brunswick Coalition for Tenants Rights is dismayed to learn that a time-consuming legislative amendment is required for the cap to take effect. This announcement comes after assurances that the 3.8% rent cap would be implemented through a simple change in regulation. According to Minister Wilson, this legislation will likely not take effect until June.

In short, tenants, who were led to believe they would get prompt relief from rising rents, will have to wait while the government sorts out how to enact this promise. The lack of planning on the part of the province prior to Tuesday’s announcement demonstrates, once again, that the Higgs’ government is not committed to ending the housing crisis in New Brunswick.

Tenants are angry, upset, and confused. For a brief moment, it appeared as though tenants could predict their rental costs for the year and make financial plans. This is no longer the case. The Coalition, along with other community organizations, is working hard to understand how the cap will be implemented and what will be required of tenants who need to have this cap applied retroactively.

“The Government of New Brunswick spent years doing nothing about this crisis and claimed that rent control would not work. Now that they have realized rent control is needed, they have botched it by first promising a temporary rent cap that would do little to abate the crisis, and then failing to enact it with urgency,” said Jael Duarte, the Tenants Advocate for the NB Coalition for Tenants Rights.

Instead of advancing half-baked non-solutions, the Government of New Brunswick must act swiftly to enact robust and permanent rent control with oversight from a strengthened Residential Tenancies Tribunal. “We need a Residential Tenancies Act that puts human rights at its centre, and that means a right to housing approach to tenancies in this province,” Duarte said.

Fredericton Rental Focus Group on March 24th

Tenants 19+ living in Zone 3 (Fredericton Region).

Host Language: English

Date: March 24th, 2022

Time: 7:00pm - 9:00pm

Focus group will take place via Zoom*.

Are you a tenant in NB living in Zone 3 (Central West, Fredericton Area)? The New Brunswick Coalition for Tenants Rights is asking tenants in NB to participate in an online focus group about experiences renting in the province. The provincial government has said there is no rental crisis in the province, but rising rents and renovictions suggest otherwise. We want to hear from you about your experiences renting in the province.

Focus group data will be used to create publicly available infographics, reports, and other materials that will provide a robust snapshot of the challenges facing tenants in the province.

You will be provided with $25 as a thank you for participating.

To arrange participation please email nbtenants@unb.ca. If you have privacy concerns and would prefer to do an interview, please indicate at this time.

If you live in Zone 3 and would prefer to participate in a focus group in French, please let us know using the email nbtenants@unb.ca.

This project has been reviewed by the Research Ethics Board (REB) at the University of New Brunswick and is on file as UNB REB File #049-2021.

This project has been reviewed by the Research Ethics Board (REB) at St. Thomas University (REB Reference ID 2022-02).

Host Language: English Date: March 24th, 2022 Time: 7:00pm - 9:00pm

Who can participate? All tenants 19+ living in New Brunswick Health Zone 3. We will be doing these in across the province over the coming months!

*A Zoom link for this virtual focus group will be provided to participants 1 day prior to the scheduled meeting. Participants will be notified of any changes.

Removal of so-called ‘Double Tax’ will worsen rental market: Report

Government’s focus should be on tackling financialization and strengthening tenants’ rights, the New Brunswick Coalition for Tenants Rights says

An explosive new report by the New Brunswick Coalition for Tenants Rights shows that landlords stand to make enormous sums of money if the Government of New Brunswick follows through on promises to cut the so-called “double tax.” Rather than solving the affordable housing crisis, this property tax cut for landlords will likely make the crisis worse.

The report – the first of its kind focused on New Brunswick’s market – describes how financial investors have developed a technique to cause “forced appreciation” of rental properties. This is a process whereby landlords increase rents to increase the net operating income of a property, which results in a higher property valuation, in turn permitting owners to source more capital by refinancing the property that has now been forced to appreciate in value.

Forced appreciation is a result of increased financialization of housing, where profit is the primary motive rather than affordability, the report notes. New Brunswickers facing astronomical rent increases are seeing the direct result of financialized housing markets.

The report’s author, Dr. Matthew Hayes, is a Canada Research Chair in Global and Transnational Studies at St. Thomas University in Fredericton. According to Hayes, cutting taxes on landlords during a real estate boom will make real estate more desirable for financial investors, who are increasingly seeking out rental incomes for their portfolios, which will worsen rental inflation. 

This is something that should worry New Brunswick homeowners too, Hayes notes.

“New Brunswick homeowners who are complaining about high property tax bills throughout the province should know that these bills are in part the result of a red hot real estate market for rental housing inflating property values that the province intends to make worse with a handout to corporate real estate investors in the form of a tax cut for landlords,” Hayes said.

A key reason why a property tax cut is likely to lead to more rental inflation is the national and international trend towards something called “cap rate compressions” in the real estate industry. As Dr. Hayes points out in the report, “cap rates” or capitalization rates, are a measure of risk (lower rates indicate less risk), and they have been falling across Canada as institutional investors pour more capital into the housing sector.

“Simply put, financial investors consider New Brunswick landlords to be undervaluing their properties,” Hayes said. “They have demonstrated their willingness to buy properties far above their assessed values. The national rental property boom reflects the growth of financialized landlords in regional Canadian markets like New Brunswick, where there are still significant profits to be extracted from forced appreciation.”

The report notes that the largest landlords capitalizing on New Brunswick rental properties are not necessarily reinvesting that money in New Brunswick. Killam REIT, New Brunswick’s largest landlord, owns 1 in 7 rental units in the province. Revenue generated through refinancing and tax cuts will likely be used for its ambitions to expand its portfolio of properties outside of Atlantic Canada, and to pass profits on to investors.

“The Coalition for Tenants Rights is sounding the alarm on this proposed tax cut not just for tenants, but also for small landlords,” Hayes said. “While some landlords—especially the largest—will win big returns as a result of a tax cut, smaller landlords without access to credit will simply see their costs continue to rise, as the industries that service rental firms continue to consolidate. Beyond tax bills, insurance and building costs are increasing faster on a per unit basis for smaller landlords than they are for larger ones, who can leverage their economies of scale.”

According to the Coalition, the report shows that it is unsound public policy to expect tax cuts for landlords to trickle down to benefit tenants. There are proven solutions to the affordable housing crisis that the Government of New Brunswick should focus on instead of debating a tax cut guaranteed to enrich wealthy landlords, the Coalition argues. 

“It is not a coincidence that tenants in New Brunswick are bearing the brunt of these out-of-control rent increases. Previous research shows that financial investors are attracted to jurisdictions with weak tenant protections,” said Jael Duarte, a lawyer and the Tenants Advocate for the New Brunswick Coalition for Tenants Rights.

“Instead of diverting $70 million or more of public funds as a result of the tax cut to New Brunswick landlords – the largest of which will take home the largest shares of the cut – the province must focus on proven solutions: rent control, investing in non-market housing, such as non-profit and cooperative housing, and strengthening tenants’ rights,” Duarte said.

Know your rights

Webinar Series

What do you do if you receive an eviction notice? How do you get your security deposit money back? What is the Residential Tenancies Tribunal? Find out the answers to all these questions and more in our webinar series with the NB Tenants Advocate, Jael Duarte

You can register for the first webinar by visiting our Facebook page

This project is funded by the Community Based Tenant Initiative Fund, a grant administered by the Community Housing Transformation Centre. The NB Tenants Advocate is NOT affiliated with the Government of New Brunswick.

Landlords forcing tenants to let prospective buyers into their units despite Level 3 restrictions

The NB Coalition for Tenants Rights has received information that landlords seeking to sell their properties are requiring tenants to permit prospective buyers into their units despite Level 3 public health restrictions being in place across the province.

We are currently limited to a single household bubble. Why are tenants being required to let strangers into their homes? Moreover, tenants have nowhere safe to go while their units are being shown.  Most public spaces are closed or have significantly limited capacity and Health Minister Dorothy Shephard has stated that New Brunswickers need to assume COVID is everywhere. 

The Coalition believes that this puts tenants at risk and undermines public health efforts to combat COVID-19. 

‘There is no reason why New Brunswick renters should be forced to put their lives at risk so that their landlord can close a real estate deal,’ said Jael Duarte, the Tenants Advocate for the NB Coalition for Tenants Rights.

We are urging immediate action from the Government of New Brunswick to protect tenants. Landlords should not be permitted to require tenants to allow strangers into their homes.

Updates from the New Brunswick Tenants’ Rights Coalition

Tenants’ advocate

The New Brunswick Tenants' Rights Coalition is happy to present Jael Duarte, recently appointed as the organization's Tenant Advocate. The appointment is effective immediately.

Jael has a dual degree in Law from the University of Ottawa and has been working in the field of human rights advocacy for the past 15 years. Throughout her career, she has worked with

several marginalized groups. More information on Jael can be found here.

Jael's mandate will be to continue the work of the Coalition in advocating for important legislative reforms, such as rent control measures, eviction protections and the right to

adequate housing. She will also be available to provide information and resources to tenants across New Brunswick. She can be reached at advocate@nbtenants.ca

Response to proposed amendments to Residential Tenancies Act

After many months of waiting, and many offers to work in collaboration and act as consultants on this issue, the provincial government has proposed amendments to the Residential Tenancies Act. These amendments have fallen short of the changes New Brunswickers need for accessible housing. You can read our full statement on these amendments here

Changes to the Residential Tenancy Fall Short of Protecting Tenants

The Government of New Brunswick, after months of dragging its feet, with no consultation, has released proposed amendments to the Residential Tenancies Act of New Brunswick.

For the past year, the NB Coalition for Tenants Rights has been sounding the alarm on the fact that tenants in New Brunswick have far fewer rights than tenants almost anywhere else in Canada. There is no rent control, no eviction protection, no security of tenure and hardly any recourse at the Residential Tenancies Tribunal.

Sadly, the proposed amendments do nothing to solve any of these problems. Although, on the face of it, the bill appears to provide some protection by limiting the number of rent increases a tenant can face to once a year, and by allowing the tribunal to review rent increases in more circumstances rather than in the narrow set of circumstances under the current framework, these changes are smoke and mirrors.

Limiting the number of times rent can increase, or even increasing the amount of notice for a rent increase does not solve the problem that there is no limit to rent increases. 

The bill proposes that rent increases under some lease agreements would only be permitted if it were imposed on all comparable units in a building. It also proposes that rent increases would be allowed it if is "reasonable" in relation to rent charged for comparable units in a given geographical area.

Given that rents have increased by significant amounts, this protection is meaningless. Moreover, it would only take a few properties to have their rents raised significantly for what is "comparable" to change. 

We have long maintained that what we need is meaningful protections for tenants. The only thing that controls rents is rent control.

This proposed legislation falls far short of what is needed to adequately protect the right to housing in New Brunswick.

/*hide footer for unused language*/