This Bill, introduced by Andrés Fontecilla, Member of Parliament for Laurier-Dorion of Québec Solidaire, bears the number 898 An Act to strengthen the regulation of rent increases in a residential lease.
This Bill aims to strengthen the framework for rent increases in a residential lease. To this end, the Bill amends the Civil Code to provide for the landlord to request from the Tribunal administratif du logement to have the rent set when the amount of the increase set out in the notice of modification of the conditions of the lease exceeds the percentage of the mandatory rent set determined according to the criteria set out in the regulations.
The Bill requires that the proposed rent increase be set out in more detail in the notice of change to the terms of the lease, specifying both the proposed new rent in dollars and the increase in dollars and as a percentage of the current rent.
The notice must also state that the rent will be set by the Court above a certain percentage increase. The Bill reduces from five to three years the period during which a dwelling located in a newly built building or whose use for rental purposes results from a recent change of use may be exempted from the application of the rules for setting the conditions of the lease.
During this period, such a dwelling is subject to the new procedure for setting mandatory rent above a certain percentage of specific increase. The Bill amends the Act respecting the Administrative Housing Tribunal to give the Minister responsible for housing the power to suspend, for a given year, the provisions establishing the criteria for determining the percentages applicable to rent fixing, if he considers that the situation justifies it.
For the Association des Propriétaires du Québec (APQ), these requests are amendments that were not included in Bill 31, An Act to amend various legislative provisions relating to housing.
For example, for the modification of clause F for new buildings, several discussions surrounded the duration of 5 years to put it on 3 years. In the end, the need to leave for 5 years was taken into account and only new buildings are subject to the change: "The lease indicates the maximum rent that the landlord can impose within five years of the date on which the building is ready for the use for which it is intended."
And with the publication of the Regulation to amend the Regulation respecting the criteria for setting rent on April 16, the request to allow the Minister to suspend the provisions establishing the criteria for determining the percentages applicable to the setting of rent, must be rejected. Indeed, the impact of the changes that this regulation will have must be evaluated before adding and/or modifying the criteria.
The Association des Propriétaires du Québec (APQ) will monitor the evolution of Bill 98 and will notify you.
https://www.assnat.qc.ca/fr/travaux-parlementaires/projets-loi/projet-loi-898-43-1.html