One of the reasons why Toronto’s housing market is such a disaster is that landlords are basically immune from any mechanism for punishing them for misconduct.
They can abuse the ambiguity of the Residential Tenancy Act to baselessly refuse to assign someone new to a lease, as a way of forcing existing residents to leave or accept an illegal rent increase.
There is also widespread reporting on abuse of mechanisms that let a landlord evict a tenant for their own use of the space or similar reasons. I have personally — and had friends — threatened with eviction for a wide range of trivial or invented reasons, all as a pressure tactic to add stress and try to illegally force people from their homes.
The Landlord and Tenant Board system is completely jammed up, with even the most urgent hearings taking 8-9 months to happen (and then they may be inconclusive, leaving everyone waiting again).
One remedy that could improve things would be a criminal offence for evicting a tenant through fraud or abuse of process. Theoretically a mistreated tenant could sue for damages, but it’s hardly likely that someone scrambling for a place to survive would accept those legal fees and risks. Having a criminal offence would create a real stick to discourage and prevent landlord misconduct, slightly rebalancing power relations in order to make the law work more as written and less as words to be ignored and misused by those driven only be the desire to collect as much rent as possible.
Creating a criminal offence is justified for at least three reasons. Even good tenants who follow the law and pay their rent may face daily and severe stress from the knowledge their landlords are trying to get rid of them illegally. I have been personally and seriously stressed about housing, often to the point of losing sleep, almost every day since the crisis with my flatmate at my old place began years ago. Even with the extreme stress of a PhD program to compare with, Toronto’s housing market is worse.
Taking away someone’s home is a very serious matter, which is why we regulate housing so much in the first place. If the existing system cannot contain landlord misconduct, there must be one with more coercive power against them. Secondly, there is extensive evidence that this misconduct is widespread, if not routine. A significant change is needed to disrupt a rotten status quo. Finally, the potential monetary rewards for landlord misconduct are huge, especially when it has become normalized throughout the system. Only a strong counterbalance has a chance of blunting the incentive for landlords to profit through illegality and misconduct.