Hamilton tenants without running water get small victory at Landlord and Tenant Board

As tenants of an east Hamilton apartment building endure their 11th week with no running water, Chris Martinez is cautiously optimistic.

At least for now, he doesn't face eviction from his home of nearly a decade. 

"It's very much a weight off my shoulders," Martinez said. "But I don't feel like this is the end of it." 

The landlord of 1083 Main St. E. withdrew applications to evict Martinez and another tenant at a Landlord and Tenant Board (LTB) hearing Thursday. 

The landlord was in serious breach of responsibilities under the Residential Tenancies Act for not ensuring the units had running water, which is considered a vital service, the tenants's lawyer Roberto Henriquez told CBC Hamilton. This breach is grounds for the board to refuse an eviction request. 

"It doesn't necessarily stop a party from, at another point, filing new applications," Henriquez said. "But at least for the time being, the [tenants] have confidence they're not at risk of being evicted." 

Five more of the building's tenants facing eviction are waiting for their cases to be heard, including David Galvin who previously described his experience to CBC Hamilton. 

The landlord's paralegal Angela Smith did not respond to CBC Hamilton's request for comment. 

The building was bought by the corporation "1083 Main St Inc." for $10 million in June 2021, according to property records. Dylan Suitor is one of two directors and the president of the corporation and did not respond to requests for comment.

Suitor is also the CEO of Elevation Realty Network, a Keller Williams franchise, based in Oakville, Ont., and has an Instagram following of nearly 300,000. 

He was described as a "prolific real estate investor who fixes and BRRRRs [buy, rehab, rent, refinance, repeat] distressed properties with other people's money," by real estate news site the Daily Caller in 2021.

"He also invests in apartment buildings, in an attempt to scale an already successful business model," the article says. 

No set date for when water will return

The tenants's ordeal began last year when 1083 Main St Inc filed N13 applications to evict tenants from seven units for renovations. The remaining 53 units are vacant, according to an inspection report provided to the city.

On Dec. 28, the water supply to the building was shut off when pipes burst after being exposed to cold air during renovations, city staff reported to council last month. A week later, the bylaw department ordered the landlord to replace the broken pipes, but the landlord appealed. 

The appeal was heard at the city's property standards committee in late February — marking two months of no running water for the tenants. In a joint submission, the city and the landlord's paralegal requested more time as a plumber's report provided by the landlord concluded residents had to vacate the building for the repairs to be done. 

The plumber who prepared the report is not listed as a registered skilled trades professional in the province's public registry, which was an issue raised at the tribunal, Martinez said.

The extent of the necessary repairs has been an area of contention for tenants, including Martinez, who said his unit hasn't had any flooding or burst pipes. And in the plumber's report, a number of occupied units are said to be undamaged.

The landlord has agreed to make the repairs, but the property standards committee, composed of five members of the public, didn't set a date for when the city would begin enforcing its order. The committee decided to instead wait until after the LTB hearings.

"The city is aware of the hearings taking place," said city spokesperson Lauren Vastano. "It remains the expectation of the city that the property owner upholds the confirmed order and complete the necessary work." 

In the meantime, the landlord also agreed to take over the job of providing tenants with potable water, according to the report to council. However, as of Friday, the city was still making deliveries several times a week. 

In total, city staff have delivered 710 jugs to the tenants at a total cost to taxpayers of $17,000, said Vastano.

'I've lost a lot of faith in humanity'

Like most of the tenants at 1080 Main St E, Martinez said he's on a fixed income through the Ontario Disability Support Program and pays about $750 a month for his studio apartment. 

He said he's tried to find another place to live in Hamilton, but hasn't found anything he can afford and the waitlist for the city's subsidized housing is years long. 

Instead, he's learned to live without running water, showering at friends' houses or city rec centres, which tenants were recently given passes to use, Martinez said. He experiences back problems and it's difficult for him to lift the 50-pound bags of water delivered by the city. Plus, his cats have punctured holes in them, so he spends time each day transferring the water to smaller jugs.

He said he can't shake the feeling his home isn't safe anymore.

"This whole experience has definitely impacted me quite greatly," said Martinez. "I've lost a lot of faith in humanity."