Thursday, May 3, 2018

LANDLORD AND TENANT BOARD MEMBER, NEIL KAUFMAN, EXPOSED OVER CORRUPT PRACTICES, AT THE BOARD.

A LANDLORD WHO HAD CHANGED THE LOCK ON A RENTAL UNIT AND ILLEGALLY EVICTED A TENANT, WAS ALLOWED TO CONTINUE, TO LOCK OUT THE TENANT, ILLEGALLY. WHEN THE MATTER, WAS BROUGHT BEFORE THE L&T BOARD MEMBER, NEIL KAUFMAN.




The Adjudicator, Neil Kaufman, did a number of things that were not only corrupt and also ignored the tenant's rights under the RTA, as he also continues to sit at the Board and to make decisions that adversely affect tenants rights.




The illegal eviction took place back in January of 2018, when the landlord, Gloria Akinsara, changed the lock on the condo that the tenant was renting and without providing new keys to the tenant. The tenant then filed a T2 application, with the Landlord and Tenant Board in January, only for the matter to be put off, twice, by the Board and also for a hearing date months in the future. At the first hearing in March, the landlord claimed that the Board had sent her a only single page of the tenant's T2 application. As ridiculous as this sounds, the Board Member, Louise Horton then adjourned the matter, for the Board to serve the landlord again. The tenant had to wait another two months for a new hearing and only received one, after physically going to the Board and demanded that she gets a new hearing date, as the Board did not seem to be in any hurry in providing one to the tenant. Keep in mind that this was a matter, should have also been dealt with, expeditiously, by the Landlord and Tenant Board. In this case however, the Landlord and Tenant Board was also content, in delaying a hearing, and to deny the tenant the right to not be evicted illegally from her rental unit, without an order from the Landlord and Tenant Board.


At the hearing on May 2nd , the Adjudicator Neil Kaufman, only allotted 15 minutes for the matter to be heard, yet told the parties involved that the hearing would take 90 minutes. He then adjourned the hearing for a new date to be set by the Landlord and Tenant Board. Kaufman also indicated that it could take months to get a new hearing date and also denied the request from the tenant to make an interim order, forcing the landlord to change back the lock on the door, in the meantime and allowing the tenant to have access to her property. Which the landlord has indicated to the Board, that she had also gotten rid of. Or in the tenant's opinion stolen.


What made this hearing so unusual and unfair to the tenant, was the actions of the Adjudicator, Neil Kaufman. In the three hour time slot that was slated for the hearings at the Landlord and Tenant Board that afternoon, the Adjudicator Neil Kaufman, gave almost two hours to another matter, which was less urgent, or even as serious as the illegal lock out.. At 4:15 pm. fifteen minutes before closing time, he finally heard the matter, between the landlord Gloria Akinsara and her tenant. He also knew, that he was obligated to enforce the Act and clearly did not want to do that. In postponing the hearing, he told the tenant that he, "did not know who to believe". Whether to believe the landlord or the tenant. This was also clearly an insult to the tenant, who had tried to get the Enforcement Division, since back in January, to enforce her rights as a tenant. The Adjudicator, Neil Kaufman asked the landlord about the lock out and she denied changing the lock. She tried to blame a tenant for changing the lock on the main door. Kaufman also accepted this obvious lie. The landlord could not explain the note that she had also left on the door after changing the lock, advising the tenant to get her belongings by January 29th. Nor did she explain how the tenant's key to the lobby, was also deactivated. To make sure that the tenant never get back into the rental unit at any time in the future, she also told the Board that she had also sold the property and is no longer the owner. When asked when she had sold it and the closing date, she responded that she did not know the closing date, nor did she know who the new owners were. Without providing any documented proof, the Adjudicator Neil Kaufman, accepted her answer and also ignored the tenant's request that the landlord provided physical proof of the sale of the condo, which he did not required her to do. Yet, Kaufman had earlier relied on the documented evidence, from the other matters before him that day, in regards to making his decisions.  Adjudicator Neil Kaufman showed no concern about the tenant's rights being violated and refused to include in his interim order, a request for the landlord to change back the lock on the door. The hearing was also clearly prejudice against the tenant, because no landlord is supposed to change the lock on a rental unit, without an order from the Landlord and Tenant Board. It is also easy to find out if the landlord has sold the rental property, as a quick search at the land registry office, will also provide the names of the new owners, as well as the deed to the property. The tenant also plans to subpoena, the manager of the condo as a witness, to the changing of the lock on the door, by the landlord. Which only the management is allowed to do and not the individual owners of the condo. At least not without their knowledge and consent. As well as to the sale of the property. The tenant also plans to lay criminal charges against the landlord, in regards to her property, as well as to proceed against her for further damages, in the civil court. The Landlord and Tenant Board has also not gotten off lightly in regards to this case either, as the tenant believed that she was discriminated against and was also allowed to have a fair hearing, which would have also protected her rights as a tenant, under the RTA. She plans to proceed with a discrimination case against the Landlord and Tenant Board and the individual Board Members involved.