PAGE 18 WHITBY FREE PRE§S, WEDNESDAY, JANUARY 21,1987 Emm 'f~urlous' over insurance letters torsdet Durham Region's in- surers have informed mnany residents who had their basements flooded in the rainstorm last August that the region wil fot be hiable for dlaims. Whitby couneilor Gerry Emnm, also chairman of the region's works committee, says he is "furious" about the letters since an engineering firm hired by the region to study flood problems bas not yet made its report. "P.eople are saying "What are you basing this letter on? We haven't seen the study", said Emm, who received five calîs as of Monday. "If certainly puts the region in an em- barrassing position. It's put everyone in an awkward position." Emm says the "formn letters, from the local agent for Frank Cowman Co. Ltd., the region's insurers, were also sent only to residents who do not have legal represen- tation. About 600 homes in the region had flooded basements from the August 27 rainstorm. More than 200 of those residents are from Whitby. Whity Mayor Bob At- tersley bas stated that the average dlaim bY Whitby residents is $3,100., Most of the dlaims are sewer- related, and most are sanitary sewer back-up. Emm, who asked that the letters be discussed at the Tuesday (Jan. 20) joint meeting of the region's works and finance committees, says the region bas "Ibent over backwards on this to get answers" while residents have waited for the study only to be undermined by a " stupid letter. " "The ti ming is terrible," he said. He noted that the study of the region's sanitary sewer system problemns, by Simcoe Engineering Group Ltd., is expected to be completed by the end of January. The Town of Whitby bas also updertaken a study, by Io tten Simns Hubicki, of the Whitby sewer system, mncluding storm sewers. That study is in draft form an d wiil soon be presented before thé- Town. Emm said region works commissioner Bill Twelvetrees was "iamazed" when he learned about the' let- tes. The finance depar- tment was contacted and is investigating. Twelvetrees said at last week's regional council session that al problems resulting from the August rainstorm bas been referred to the -Works committee. He said some were referred to insurance companies but flot ail. Ho also told coun- cillors that Durham Region bas negligence insurance in the event there was negligence shown by the region. 'II don't think have been any where we've there cases been CLOCA drg to acquire The Central La~ke On- tario Conservation Authority bas dropped plansto acquire a' 153- acre property, known as the Storey Marsh, east of the Lynde Creek Con- shown to be npegligent," ne added.* Pickering councillor Alex Robertson said the region bas heen negligent for years: " hope more (residents) sue," he said. ops plan. marsh, servation Area in Whit- by. The authority says negotiations 'with the owner of the property to purchase the property were unsuccessful. RENT REVIEW UPDATE FROM flHE MINISTRY 0F Ho)usING ImporItant Lmessage to tenants and landiords of rentai umits fîrt ccupied afrer195 The Residential Rent Regulation Act, 1986, extends the protection of rent review to cover ail tenants in private rentai units in Ontario. Thiis iricludes buildings, mobile homes and -mobile home sites first occupied as rentai units alfter 1975. In the pasI, tenants living in units which first came on the market after 1975 - post-'75 units - were flot'protected by rent review. Under the new legisiation, tenants living in post-'75 units are now protected by rent review along with ail other tenants ini private rentai units ini Ontario. As weil, the provisions extending rent review to cover post-'75 units are retroactive to August 1, 1985. This means that the four per cent Guideline which was in place from August 1, 1985, to December 31, 1986, applied to post-'75 units during this period. Thus, landiords who charged tenants of post-'75 units more than the four per cent Guideline during this period must now justify those rent increases or refund to tenants the difference between four per cent and the higher amount charged. Tenants i post-'75 units: do not make inimediate deductions from your rent .Fr the present, tenants living inpost-'75 units shouldpay the arnount requested in t/w notice by their landiord until t/w matter is resolved through rent review. Under no circumstances should tenants make imimediatedeductions from their rent cheques because an illegal deduction could lead to eviction by the Courts. Tenants ipost-'75 units: obt*aiing a rent rebate. *If the landlord of a post-'75 unit has not made an application to rent review by March 2, 1987, the tenant is entitled to a rebate of rents paid above the 4 per cent Guideline between August 1, 1985, andl December 31, 1986. *If the landlord does not voluntarily pay the tenant the rebate owing, the tenant is advised to file an application with the local Rent Review Office for an order requirig the land- lord to pay the rebate. *If the tenant is certain of the amount of the rebate, the tenant may deduct the amount from a rent cheque. Requirements for landiords of post-'75 units. e Landords who have charged tenants more than the 4 per cent Guideline from August 1, 1985, to December 31, 1986, have until March 2, 1987, to apply 10 rent review to justify these rent increases. e To apply, a landiord must file an application form and supporting information with the local Rient Review Office, showing that the rent increases were justified. " Landiords who apply to justify these rent increases must give a copy of their application to ail of their tenants within 10 days of apply- ing. Ibnants are entitled 10 examine ali the materials filed and to make submissions 10 the local Rent Review Office. " Landiords who do not apply to rent revi ew on or before March 2,1987, must rebate excess rents charged 10 tenants between August 1, 1985, and December 31,1986. Landiords of post-'7 units. who have already served notice of a rent inerease above the 1987 Guideline: Under the new legislation, the Rent Review Guidellne for the year 1987 is 5.2 per cent. Some landiords of post-'75 units have already served tenants with notice of a rent increase effective on or after January 1, 1987, which exceeds the 5.2 per cent Guideline. These landiords also have until March 2, 1987, to apply to rent review for approval of a 1987 rent increase above the 5.2 per cent Guideline. If the lancilord appies to rent review, tenants wil receive a copy of the application and be given a full opportunity to participate in the rent review process. If the landiord does not apply to rent review and the time period for doing 50 expires, the landiord must rebate the difference between 5.2 per cent and the higher amount charged during 1987. Ministry ®5 Housing Ontario Hon. Alvin1 Curlihg, Minister For more informnation, cal! toll-free 1-800-387-9060, or phone your local Rent Review Offce: Barrie (705) 737-2111 Hamilton (416) 528-8701 Kingston (613) 548-6770 Kitchener (519) 579-5790 London (519) 673-1660 Mississauga (416) 270-3280 North Bay* (705) 476-1231 Oshawa (416) 723-8135 Ottawa Owen Sound Peterborough St Catharines Sudbury Thunder Bay T'iimins Windsor (613) 230-5114 (519) 376-3202 (705) 743-9511 (416) 684-6562 (705) 675-4373 (807) 475-1595 (705) 264-9555 (519) 253-3532 MFTOPOLITAN TORONTO City of rlbronto 1 416) 964-8281 East York (416) 429-0664 Etobicoke and York (416) 236-2681 North York (416) 224-7643 Scarborough (416) 438-3452