Letter from the Landlord (Essay Sample)
Also please add the following to the assignment
1. The letter is drafted from the Landlord
2. The letter never discriminated against anyone
3. No housing was ever denied, or any harassment never took place
4. Soundproofing is only possible indoors, not outdoors..
5. Never told the tenants not to play outside
This is the letter that was originally sent to the tenants from the Landlord please see the letter below. After the letter was sent the Tenants answered in writing that seems to be misinterpret the actual letter sent by the Landlord. I need a three page document that uses the Residential Tenancy Act In Ontario Canada. Please refer to the Tenants letter and it must be strongly worded in legal terms. You may also refer to the Humans Right Tribunal. Must be legal letter strongly worded legal...GOLDVIEW PROPERTY MANAGEMENT
51 TORO ROAD
290/292 THE KINGSWAY APARTMENTS
REF: DISTURBANCES IN THE COURT YARD
Following several complaints filed through the office of the Landlord, it has come to the attention of the management that there are some disturbances in the courtyard. Complaints pointed to the fact that within the large court yard dividing the apartment buildings, some of the children have been playing soccer ball and causing damage to the video equipment, especially to the exterior camera. In some of the cases, a soccer ball has struck glass panes to the apartment units.
Tenants are kindly reminded that, children should not play in the courtyard without supervision. It is also highly encouraged that, tenants collect any play items such as lawn chairs, toys and balls from the courtyard. This will highly facilitate the ease with which the landscapers can work without interference from items left strewn on the yard. The items can also cause accidents to other tenants and thus it is highly encouraged that tenants using the courtyard do not endanger others occupants by leaving the play items.
The management would also want to encourage parents to use the designated park that is located nearby, which is solely established for outdoor activities for the entire families. Tenants are encouraged to make use of this facility to ensure that; other occupants of the apartment are not exposed to the loud noises coming from playing children at the courtyard. This will further the cohesive coexistent of the tenants without infringing on the rights of the rest of the tenants, while enjoying the facilities.
The management would like to request all the tenants to kindly adhere to the housing guidelines to avoid these disturbances.
Here is the tenants letter
September 2, 2015
290/292 The Kingsway
Attn: Michael Goldrich, Annette Har-Even, Lynn Hill, and Nicoletta Dafina
RE: Notice of September 1st, 2015 ( Disturbances in the Court Yard)
We would like to address the notice that was written and delivered on the 1st of September regarding the “disturbance of the courtyard”. We received the notice in the evening to our dismay this was not only a very one sided decision, but a highly illegal decision. We have seeked legal council and would like to give management the opportunity to rectify this notice prior to proceeding with legal action.
We would like to remind management that under the Human Right Code, under Discrimination Housing, Family Status-Children’s Noise (Sec.X Housing) it states the following regarding children’s noise:
“Persons living in multi-residential housing live in close quarters and children, by their very nature, can be noisy. It is natural that children cry, run, and play.
Children’s noise is frequently a source of conflict in apartment-type housing. It has been used as a reason for denial of housing, has been the source of evictions, and has led to harassment and poisoned environments for families with children.
The normal noise associated with children should not be a reason for denial of housing, eviction, or harassment of families. Parents are obliged to take steps in accordance with good parenting practices to manage the noise made by their children and to be good neighbours. However, it should be recognized that children will naturally make some noise.
Landlords should take steps to ensure that families with children are not harassed by neighbours because of the normal noise associated with children, just as they would with regard to harassment based on other Code grounds. Where necessary, landlords can explore options such as moving the complaining tenant, or providing soundproofing where it is possible to do so without undue hardship.”
This particular code demonstrates that management has failed to accommodate the parental tenants and it is their responsibility to ensure that the other tenants, superintendent, landlord, and/or property management abide by good neighbouring and do not harass or intimidate the parental tenants and/or children. We believe that management is not only at fault but has encouraged this negative behaviour and toxic environment.
Further more the Human Rights Code also reminds us the following under Discrimination of Family Status under Housing (Sec .X Housing and Family Status)
“The Code prohibits housing providers from discriminating against families with children or people in other caregiver relationships. This applies to renting, evictions, building rules and regulations, repairs, and use of services and facilities.
Landlords cannot refuse or discourage applications from families with children because they believe children are noisy or will damage the property, for example by using terms like “quiet building,” “not soundproof” or “adult lifestyle.” While parents are expected to manage their children’s noise and be good neighbours, families cannot be harassed or evicted because of the normal noise that children make. Other rental policies that create barriers for families with children, and that are prohibited under the Code, include:
• Arbitrary occupancy standards, such as how many children can live in the unit
• Policies that do not allow families to transfer to other apartments if their needs change
• Restrictions on children’s access to recreational or common areas.
Landlords and other tenants must not discriminate against any tenant (or person applying to rent) because they are giving or receiving care. A part-time parent, a lone parent, an expectant mother, families receiving social assistance and families with disabled, aging, lesbian, gay or racialized members are entitled to equal access to housing opportunities and enjoyment.
• Select tenants fairly
• Support the accommodation needs of all types of families and caregiving relationships
• Remove barriers
• Actively ensure tenants are not harassed.
Policies as well as facilities and structures may need updating to meet these needs and uphold human rights.”
It is a violation on the Human Rights Code for management to not allow group and/or individual play in the court yard. We would also like to advise management, that the claims of strewn toys and safety hazards to other tenants are false. The children play with push toys and ride on toys. These are not dangerous and are not left out in a mess on the lawn. In fact, the toys are never by common walk ways, but rather in the back of the garden where the superintendent advised us to keep them. If it’s not safe for our children, we would not condone it. We, the parental tenants have not only taken care of the court yard for the last 5 years, but maintained it where management has failed to. We have called and asked management to repair the grass on several occasions and offered to pay from our own pockets if necessary only to be brushed off and ignored.
Regarding damage, there is no damaged property, broken windows, fences, doors,or to any other structural detail. We would like the proof of the damaged video camera, as we do not believe that the children or any tenants are at fault for this. Prior to this notice the police had requested footage from that camera and were told that the camera was flooded with rain water. The superintendent has also personally accused a child of one of the families residing at 292 The Kingsway of breaking a camera, not in the courtyard but in the back alley of 292 The Kingsway. We would like to see the evidence and address this matter accordingly.
The conduct of the superintendent is highly unprofessional. The superintendent feels she can talk down to the tenants and tries to falsely accuse people of wrongdoing. The superintendent has no right to harass, intimidate, yell, or accuse any persons of wrongful doing without proof. On several occasions the superintendent has singled out parental tenants and children and yelled in a very negative manner. She is not the parent of the tenants and/or of the children of the building. The superintendent has also played witness to other tenants yelling at children and stood by and did nothing to prevent or stop the situation. Instead the superintendent encourages the negative environment. Once again the code state that this is illegal: Harassment and Family Status Housing( sec X. Housing and Harassment):
Everyone has the right to be free from harassment in housing because of the protected grounds.“Harassment”, means comments or actions that are unwelcome to you or should be known unwelcome. You have the right to be free from humiliating or offensive conduct that is based on one or more of the Code grounds. Harassment requires a “course of conduct”, which means the pattern of behaviour or more than one incident is usually required. For example a landlord repeated demeaning comment about how a tenant uses a wheelchair, walker, or stroller could be harassment in housing. Harassment in one single incident can create a poisoned environment which protects tenants under the Code grounds.”
It is with regret that one family has already decided to move due to this lack of equality and proper management. Management has received numerous emails regarding the feelings of misconduct and treatment of the children and parental tenants.Parental tenants have to live with the other tenants issues as well, for example constant use of marijuana and the lingering smell through out the hallways of the building, aggressive dogs barking and jumping at doors, dogs peeing in the hallway and lobby carpets, late night music and gatherings. The superintendent also told two young girls to walk bare foot up the stairs to their apartment because she did not want mud in the building. That is wrong and dangerous. The superintendent advised the smokers of the building to put cigarette butts out in the lobby garbage. A fire hazard and safety concern that management condones? Yet, we find a way to suffice regardless of managements ignorance to our emails and phone calls of complaints.
Please note we have included the Human Rights Code of Ontario link below so management can review for themselves that we parental tenants have equal right to the single adult tenants.
Ontario Human Rights Commission - www(dot)ohrc(dot)on(dot)ca
As mentioned prior, we have legal council in this matter. We would like management to redeem themselves from the highly unfair notice and review all the rights of all the tenants and not just the rights of the single adult tenants. We will require a response in writing no later than 9:00am on the 11th, of September. If this request for a written response is ignored we will have no choice but to proceed with the advisement of our legal councillor.
We hope that management can find time to amend the responsibilities, rules, and regulations regarding this matter. The Parental tenants would like to request management to kindly adhere to the housing guidelines and human rights code to avoid further problems.
D. Nova, D. Vujcic, J.DeCaria, H. Zaib, M. Baldelomar, M. Lima
Letter from the Landlord
GOLDVIEW PROPERTY MANAGEMENT
51 TORO ROAD
290/292 THE KINGSWAY APARTMENTS
REF: Misinterpretation of our previous actual letter
The purpose of this letter is to dispute and disagree with the allegations that you made in your reply to our previous letter (Disturbances in the Court Yard). This preceding letter was intended to warmly remind every tenant that they should not let their kids play in the yard without supervision since a number of complaints had been filed through the Landlord’s office with regard to some disturbances in the courtyard. For instance, it had come to our attention that some of the kids had caused damage to the video equipment with their soccer ball as they played soccer. Some also complained that their apartment glass panes had been struck by soccer balls. The letter also encouraged tenants to gather any play items of their children left strewn in the courtyard after engaging in play, and to utilize the designated park located nearby which was set aside solely for outdoor activities.
In your reply, you claimed that we use children’s noise as a reason for denial of housing, use it as a source of evictions, and has resulted in harassment and that it has also poisoned environments for families with children. This claim is untrue. I would like to be categorically clear that our letter never discriminated against anyone and no housing was ever denied and no harassment has ever taken place. We value all our tenants and we have never harassed any of them. We understand the legal rights of a tenant in Ontario as explained in the Residential Tenancies Act and the Human Rights Code. Before a tenant can rent, the landlord cannot discriminate against the potential occupant basing on his or her disability; family status; marital status, sexual orientation, age, gender; religion; or ethnic origin, place of origin, or race (Ontario Council of Agencies Serving Immigrants, 2015). We have never discriminated any tenant basing upon these attributes. After a tenant has moved in, the Residential Tenancies Act and the Human Rights Code stipulate that with regard to kids in the home, the tenant has the right to have kids living in his/her home. The kids of the tenants and the tenants’ family have the ri...
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