Halifax, NS – Tenant Stacey Gomez says that she has been notified by the Halifax Regional Municipality (HRM) about a pending order to condemn her unit due to high levels of mould detected in an air quality test. The building is owned by landlord Marcus Ranjbar (4364812 Nova Scotia Limited), who has been seeking to renovict Ms. Gomez. The order is expected to be issued on Monday, October 24, 2022.
On September 12, 2022, a Residential Tenancy Officer issued a decision dismissing the landlord’s application to renovict Ms. Gomez. On September 16, 2022, the landlord filed a Notice of Appeal with the Small Claims Court of Nova Scotia seeking to have this decision overturned.
“The recent decision by the HRM to condemn Ms. Gomez’s unit, based on the updated air quality testing, demonstrates that landlord Marcus Ranjbar (4364812 Nova Scotia Limited) is in breach of the Nova Scotia Residential Tenancies’ Act’s statutory conditions. He has failed to keep Ms. Gomez’s unit fit for human habitation. This evidence was not before the Residential Tenancies Board, and it will need to be addressed in the upcoming appeal, or via another Residential Tenancies’ hearing,” said Mitch Broughton, Ms. Gomez’s lawyer.
On August 12, 2022, Mr. Ranjbar submitted an environmental report as evidence in his application to have Ms. Gomez renovicted. An excerpt from the environmental report, which was commissioned by Mr. Ranjbar, reads the following: “In November 2021, Pario completed a Phase I ESA for the subject property and identified several areas where water intrusion was suspected. Recommendations within this report stated that the source of the water must be identified and rectified, to prevent further mould and fungal growth, which represent a risk to residents.”
On August 29, 2022, the landlord was issued an HRM Notice of Violation for 4 infractions in Ms. Gomez’s unit. The landlord was ordered to submit a professional air quality test by September 16, 2022 due to water damage observed in the unit. However, the testing was conducted on September 19, 2022, and the results were dated October 17, 2022. In addition, the landlord was ordered to investigate the source of water entry and undertake repairs by September 25, 2022. According to Ms Gomez, this did not happen. These violations carry a penalty of $237.50.
Ms. Gomez says she doesn’t know if the landlord was fined for not submitting the test results on time and failing to complete the required repairs by the deadline indicated.
“Though the landlord knew there was a mould problem since November 2021, he failed to take action to address the issue, which likely led for the issue to worsen. It has gotten to the point where my unit will be condemned by the HRM. I don’t know where I will go and for how long I will be away from my home. We are in the midst of a housing crisis. The only option for many people in my situation is the shelter system, but we know there are not enough beds, exacerbating the crisis of homelessness in Nova Scotia,” said Ms. Gomez.
As for the landlord’s appeal, a hearing date in Small Claims Court is in the process of being scheduled. The Adjudicator’s decision will determine if Ms. Gomez will be evicted from her home.
“I would like for the repairs to be completed and to be able to return to my unit,” said Ms. Gomez.
This case is expected to be the first time the new renoviction rules in the Residential Tenancies Act will be tested in court. The court’s interpretation of these rules will have implications for many Nova Scotians. While most Small Claims Court hearings are continuing to take place virtually due to Covid-19 restrictions, Ms. Gomez was notified today that her request for an in-person hearing has been granted.
