05-09-2024, 10:11 PM
(05-09-2024, 08:12 PM)tomh009 Wrote:(05-09-2024, 05:43 PM)ijmorlan Wrote: I don’t see how they can enforce “no students”, regardless of whether there is a human rights violation problem. What if I rent to somebody and then they start taking a course? Who is violating the rule? Can I really ask prospective tenants whether they are students? What if I rely on their false assertion that they are not?
The condo corporation will make rules (whether declaration, bylaws or condo rules), hopefully legal ones, and then the responsibility of the owners is to comply with these. In some cases they are very clear, in other cases not so clear, like your examples above. You can always fight them in court but most people would not want to get involved in a legal battle.
My point is, let’s ignore whatever feelings I might have about the rule. I rent out my place, and put in the rental advertisement, “condo rule: no students”. I rent to somebody who isn’t a student (let’s just suppose they’re not a student, and ignore the question of what I might do to establish that fact). A few months later they register with the University to take a course, making them a student. The condo finds out about it. Now what?
Clearly, either they have violated the condo rule, or I have. If they have, then what should the condo corporation do? Is there a procedure for a condominium corporation to evict a tenant of a unit owner, or to fine an occupant? If I have, then can I go to the LTB and have the tenant evicted? I’m pretty sure I couldn’t if it was my own rule rather than a condominium rule. What about fines? If I have to pay a fine because my tenant registered as a student, that is flagrantly contrary to justice.
Anyway, “no students” should be considered a human rights violation, and I hope the other poster is correct that the OHRC would consider it so.