Accommodating homeless young people with mental health issues

Posted by / 07-Feb-2021 23:02

Accommodating homeless young people with mental health issues

What this means is that the tenant's disability requires an understanding on the part of landlords and tenants that some of the conduct that bothers them is caused by a condition beyond the tenant's control.In order for the disabled tenant to enjoy the benefits of continuing to live in the apartment building other tenants and/or the landlord may be asked to assist or accommodate the disabled tenant so that the complained of behaviours can be controlled, minimized, or stopped. At the landlord and tenant board you may very well hear an adjudicator refer to a "duty to accommodate".If these things are happening because of something falling under the Human Rights Code then there is a positive obligation to look for alternatives to the traditional penalty of eviction and termination of a tenancy.In other words, there is a the tenant who is behaving in a certain way because of a disability.I'm going to write about the OHRC applying to the landlord and tenant law in broad general terms in the hope that the interaction between the two becomes clear.As a general statement it is true to say that tenants or a landlord of a rental complex do not need to suffer continued interference with their reasonable enjoyment of the premises, illegal acts, or impaired safety regardless of whether the perpetrator of the act is disabled.

The physician provides an opinion that the tenant poses no real physical threat.

When the condition is under control, the complained of behaviours stop.

However, when the condition is not controlled you get the kinds of behaviours described--which in varying degrees range from being an annoyance to other tenants to becoming issues of impaired safety or even illegal conduct.

The reality is that this view is simply wrong and it is inconsistent with the actual law.

The duty to accommodate (to the point of undue hardship) can take many forms.

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That tenant is capable of independent living and for the most part is compliant with medication and treatment.

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