A provincial tribunal is encouraging tenants concerned about prohibited charges to submit an application for assistance.
Steve Gourdeau, deputy chief of the Residential Tenancies Tribunal in New Brunswick, said he cannot take proactive action.
“We have to be dealing with the people affected by this, the people involved in the tenancy,” he said.
“So if a tenant is concerned, they should apply to us for assistance and we will deal with it then.”
Discussion rose around pet fees after Saint John resident Misty Schofield spoke publicly about her experiences.
Several tenants allege when they reached out to 3D Property Management to request a refund of money paid for pet fees, they were given three options: accept an increase of rent proportional to the pet fee, rehome their pets, or give notice and move elsewhere.
In a statement to our newsroom, Matt Doherty, CEO of 3D Property Management, did not comment on the specific allegations.
“I believe I have the right to charge pet rent and I’ve advised the Rentalsman that I’m willing to test that in court. To date, they haven’t taken me up on my offer,” wrote Doherty in an email.
(Photo: Submitted)
“To offer the choice in itself can become an issue we would deal with in relation to prosecution because it is a prohibited fee and it is something that can be dealt with through prosecution,” said Gourdeau.
He said the tribunal prefers not to choose to prosecute unless there are no other options, but it does happen.
“Some landlords were not aware that pet fees are prohibited, and charged a pet fee because they expect damage,” said Gourdeau.
“Scratches on the baseboards or doors, but that’s what a security deposit is for, so pet fees are prohibited, whether they’re in the lease or not.”
In response to tenants concerned about facing retaliation for coming forward, Gourdeau said a landlord cannot evict a tenant or raise rent because the tenant has made a complaint.
“Tenants can certainly feel secure in identifying their complaints to their landlord and to our office and if, as a result, they feel that there’s some retaliation coming their way, we will investigate this as well.”
Gourdeau said applications for assistance can be made on online and at a Service New Brunswick front counter.
