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Tenant Advocates Raise Legal Concerns Over Electric Vehicle Ban in Toronto Building Complex

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Advocates for tenants’ rights are sounding alarms about a Toronto building complex that’s prohibiting electric transportation devices on the premises, including units, the garage, parking spaces, and lockers.

Notices were recently posted at 110 and 120 Jameson Avenue in Parkdale, owned by Oberon Development Corporation, informing tenants of the ban.

The notices specify that electric vehicles, electric bikes, motorbikes, hoverboards, mopeds, segways, and skateboard scooters are all prohibited anywhere on the property. The notice cited lithium batteries, a type of rechargeable battery, as a “potential fire hazard.”

Douglas Kwan, Director of Advocacy and Legal Services at the Advocacy Centre for Tenants Ontario, expressed astonishment, mentioning that even smaller devices like a segway are covered by the ban. He deemed this action unreasonable on the part of the landlord.

A Ban with Potential Legal and Human Rights Implications

Kwan stated that such a ban could potentially infringe on legislation safeguarding tenants’ rights and might violate Ontario’s Human Rights Code.

Regarding whether property managers can impose such a ban, the Landlord and Tenant Board did not offer a direct response, directing concerned tenants to file an application if they believe the landlord breached the Residential Tenancies Act.

Toronto Fire Services mentioned responding to 47 fires involving lithium-ion batteries this year, with 10 of them occurring in residential high-rises. However, parking an electric vehicle in an exit hallway or stairway contravenes the Ontario Fire Code, they added.

Kwan emphasized that the Residential Tenancies Act guarantees a tenant’s right to “reasonable enjoyment” of the premises, encompassing various aspects of daily life, including transportation and storage within the unit.

While landlords have certain rights outlined in the act, there is no specific language about their ability to make rules concerning tenants’ personal property.

The ban could also potentially discriminate against individuals with disabilities who rely on electric vehicles due to mobility constraints.

Critics argue this ban encroaches on tenants’ rights and that electric transportation devices are environmentally friendly and essential for many in the community. They encourage tenants to seek legal advice to challenge the ban in front of the Landlord and Tenant Board.

SourceCBC

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