Yes, we need more housing. But we also need to do better at preventing evictions and protecting renters

This column is an opinion by Mohamad Bsat, a staff lawyer practising at the Hamilton Community Legal Clinic and founder of the running crew Air Up There. It is part of a special municipal election project by CBC Hamilton, featuring voices from the community. Find all our election coverage here. 

There is a dire eviction crisis happening right here in Hamilton and, after months of municipal campaigning, only a few candidates are talking about it. 

In 2021, according to Statistics Canada, Hamilton had 76,400 household renters.

As a housing lawyer in a legal clinic, I have seen how bad things have gotten for tenants in the past few years. Our office received over 7,000 calls from April 2021 to March 2022 and created over 5,956 service intakes, most of which are calls regarding an individual's tenancy. The demand for tenant support is a raging river.

Most candidates acknowledge there is a runaway housing crisis. Many propose building more homes as a solution. But that's only one of the mechanisms to address this crisis. What isn't being talked enough about is the eviction crisis, which demands a harm-reduction plan. 

Further, what isn't being discussed is the fact the city has a lack of support when it comes to protecting tenants from a market that has commodified housing. Candidates aren't talking about predatory landlords. The lack of rental control. Or the ineffective tribunal system.

A quick background primer, the provincial government oversees the Residential Tenancy Act (RTA) and the Landlord and Tenant Board (LTB) tribunal. 

The province has a big role to play in addressing this crisis. The province sets out the process for how to assert a tenant's rights and the laws that govern the relationship between a landlord and tenant. 

The rest of it — predatory landlords, tenant supports, access to technology, bylaw inspections, and community supports — is a responsibility shared by the city. 

Candidates need to create programs right here in the city while also simultaneously working to push the province to address the shortcomings of the RTA and the LTB. Notably, the LTB has shifted to a purely digital experience, which has severely hampered a tenant's ability to participate fully in the hearing process; issues with technology, navigating Zoom and their inadequate portal system. 

We might be able to build 50,000 homes in Hamilton — as at least one municipal candidate has proposed — but what support and funding is there for a tenant trying to push back against a predatory landlord? What exists to keep a tenant housed?

From my experience, I'm asking candidates to put themselves in the shoes of a tenant, to understand the number of ways the system is not working for them. 

Have you tried attending or even navigating a digital-only hearing without access to a computer or reliable internet? This often falls on our library spaces and the employees aren't paid to navigate a tribunal process alongside a tenant on the brink of experiencing homelessness. 

Do you know how long it takes to have a tenant application heard at the LTB? This process could take months and maybe even a year, and there aren't many supports to help you while you wait.