Tenants of two downtown apartment buildings are celebrating a major settlement after their pool shut down during the pandemic. The landlord has agreed to pay $1.2 million to make up for the lost amenity.

Toronto

Tenants of a Cabbagetown apartment complex in Toronto have secured a $1.2 million settlement after the building's pool, closed during the COVID-19 pandemic, was never reopened. Resident Jennifer Kerwood led the effort by filing complaints with the Landlord and Tenant Board and organizing neighbors, citing the loss of amenities included in their rent.

The settlement, which equates to about $3,000 per rental unit, comes after months of negotiation with the building's new owner, Fitzrovia. The case has been highlighted by tenant advocates as an example of successful collective action, and experts suggest it may set a precedent for similar claims in the city. Most tenants have already accepted the offer, with the remainder given until next June to decide.

Toronto tenants win $1.2M settlement over apartment's pool closure

A once glistening pool inside a Cabbagetown apartment complex was shut down in March of 2020 during the COVID-19 pandemic and never came back. That didn't sit right with Jennifer Kerwood, who launched a complaint with the Landlord and Tenant Board for a rent abatement and began organizing her neighbors. I sent a lot of emails to management. They were very wishy-washy and non-committal about what was happening with the pool. And I knew my rights. I knew I had a year from the day it closed to file. So I did that. Kerwood filed a second complaint earlier this year because the new owner, Fitzrovia, had been renovating throughout the complex, causing constant disruptions. While Fitzrovia never tried to evict anyone or request higher rent for capital improvements, they initially disputed the idea of reimbursement for the shuttered pool. That changed when, according to Kerwood, the writing was on the wall and it appeared the LTB would side with the tenants. And they went from sort of laughing at us to sort of throwing money at us. But it still took months of negotiation before we got to our final settlement. The number they landed on? $1.2 million. At the end of the day, I think we all won. Residents obviously were disappointed by the outcome of closing the pool. But hopefully with this agreement and residents getting compensation, we're able to move forward in a more collaborative environment. The settlement works out to about $3,000 per rental unit. I feel like this compensation is the absolute least that they could do. I just think it's a great win for the tenants of Toronto. And if you get together, you can do great things. The Federation of Metro Tenants Associations, who helped organize, says they're seeing this issue across the city as amenities are taken away and landlord profits are the primary motive. You are paying rent that includes that service. And so if you don't have that service, you are eligible for a rent rebate. And so what I would do and tell tenants is to be able to document when the service was last used. One paralegal predicts that other tenant associations will seek financial compensation for similar issues. In my 30 years of practice, I have never seen that kind of settlement in my entire career. It's quite amazing. The tenants have until next June to accept the offer. About two-thirds already have. Gail Minukdak, CBC News, Toronto. Thank you. Thank you. Thank you.

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Breakdown