Hope Villa Non-Profit Residences of NY v Nevers

Landlord wins · Mississauga · 2025-12-18

Adjudicator

Bryan Delorenzi

Dispute

Subsidized Housing, Unauthorized Occupancy

Amount

$10-20K

Landlord

Hope Villa Non-Profit Residences of NY

Tenant

B.N.

Landlord rep

Raza Khimji

What happened

The Landlord applied for an order to terminate the tenancy of the Tenant and evict the Unauthorized Occupant. The Tenant moved out of the rental unit in May 2025, leaving her adult daughter (Unauthorized Occupant) in possession. The unit is a rent-geared-to-income (RGI) unit. The Tenant argued that because the daughter's income had been disclosed for RGI purposes and she had lived there since childhood, she should be recognized as a tenant. The Landlord contended that no tenancy agreement existed with the daughter and no consent was given for an assignment of the tenancy.

The ruling

The LTB terminated the tenancy and ordered the Unauthorized Occupant to vacate by March 31, 2026. The Unauthorized Occupant was ordered to pay the Landlord $13,429.98, representing the filing fee and compensation for the use of the unit from the time the primary tenant vacated through the move-out date. The Board granted a delay in eviction to allow the occupant and her children time to find new housing.