Latest news with #eviction
News24
16 hours ago
- Politics
- News24
Bid to evict unlawful occupants of building in Cape Town CBD hit by another delay
Marvin Charles/News24 The national Department of Public Works delayed the eviction of 104 Darling Street residents in the Cape Town CBD, allowing further consultations with the City of Cape Town and Ndifuna Ukwazi. Ndifuna Ukwazi, representing the residents, opposes evictions without providing decent alternative homes or viable relocation options. The case was postponed to next month. The national Department of Public Works' attempt to evict residents unlawfully occupying a building in the Cape Town CBD has been hit by another delay after it requested a postponement to allow further consultations with the City of Cape Town and Ndifuna Ukwazi. Ndifuna Ukwazi represents residents of 104 Darling Street, also known as Irene Grootboom House, a three-storey building in the city centre. On Thursday, Western Cape High Court Judge Mokgoatji Josiah Dolamo postponed the case to 29 July. The City and the department are expected to engage in finding suitable emergency accommodation for the occupiers should they be evicted, and the residents will be given time to respond to any proposals. On that date, advocates will meet in chambers with Dolamo, after which a date for the eviction hearing will be set. According to City by-laws, the building had been declared a problem property. Residents have lived without electricity since December 2016. The property has since deteriorated - with makeshift shacks erected inside, broken doors, and additional informal structures in the backyard. News24 previously reported that the department planned to demolish the small, dilapidated office block. However, refurbishing it has been deemed too costly, with estimates reaching R3 million. In court papers, the department argued the property - made up of two parcels of land - was vulnerable to land invasions and further illegal occupation due to its rundown condition. The adjoining vacant land is also overgrown with trees, posing a potential fire risk. It previously indicated alternative accommodation would be offered at one of the City's supported facilities, including Safe Space shelters in central Cape Town. Speaking outside court, Ndifuna Ukwazi organiser Lorenzo Johnson said: Residents are facing an urgent eviction from the Department of Public Works. And we are here to say that if the building is dangerous to the community, the people need to be moved. 'But we are asking that the people be given decent homes or options to move into. So, we are here to oppose the eviction, and there is no real evidence to say that the building is in danger for the people living in,' he added. Like other prominent inner-city occupations - such as Cissie Gool House in Woodstock and Ahmed Kathrada House in Green Point - the building at 104 Darling Street was named after a well-known activist. Irene Grootboom House honours the housing rights activist who won a landmark 2000 Constitutional Court case, which ruled that she and others could not be evicted from an informal settlement in Kraaifontein without being provided alternative accommodation.
CTV News
21 hours ago
- Politics
- CTV News
Notre-Dame encampment cannot be dismantled for 10 days, rules Quebec judge
A tent, trash and belongings at a homeless encampment on Notre-Dame street in the east end of Montreal, Friday, Oct. 25, 2024. The City of Montreal voted against declaring a state of emergency on homelessness on Nov. 18, 2024. (Graham Hughes / The Canadian Press) The encampment on Notre-Dame Street in Montreal cannot be dismantled for the next 10 days, a Quebec Superior Court judge ruled on Wednesday. In his decision, Judge Babak Barin ordered Quebec's Ministry of Transport and Sustainable Mobility (MTQ) to temporarily 'cease all efforts to evict homeless people living along Notre-Dame Street East.' This comes after the MTQ posted notices on June 5, 'on trees and tents belonging to some 30 marginalized and vulnerable people in Montreal' without prior warning, according to court documents. The messages warned that an eviction and complete cleaning of the area would be carried out by June 10. 'We invite you to gather your personal belongings and leave the site,' the directives stated. 'Please note that after this date, any items left behind will be discarded without further notice.' In response, the Clinique juridique itinérante (CJI) filed an emergency motion to prevent the dismantling, arguing that it would cause serious harm to the campers. It also pointed out that with shelters overflowing, the people would have nowhere to go. Contrarily, lawyers for the City of Montreal and the MTQ stressed that they were concerned about safety, including the accumulation of large structures on the site, like tents, and the frequency of police and firefighter interventions. The Superior Court judge ruled in favour of the CJI and approved the temporary injunction.
News24
a day ago
- News24
High Court to decide fate of occupants living in hijacked building in Cape Town CBD
On Thursday, the Western Cape High Court is expected to hear an eviction application brought by the department against residents living at 104 Darling, a three-storey building in the city centre. If granted, residents of the building will face eviction without guaranteed alternative housing. The property has been declared a 'problem property' under City of Cape Town by-laws, with no electricity since 2016. If the Western Cape High Court grants the Department of Public Works and Infrastructure an eviction order against residents unlawfully occupying a building in Cape Town's CBD, they say they will be left without alternative accommodation. On Thursday, the High Court is expected to hear an eviction application brought by the department against residents living at 104 Darling, a three-storey building in the city centre. According to the City of Cape Town's by-laws, the building has previously been declared a problem property. Residents have been without electricity since December 2016. The building's condition has since deteriorated. Makeshift shacks have been erected inside, doors are broken, and additional shacks have been set up in the backyard. News24 previously reported that the department intends to demolish the small, dilapidated office block. The estimated cost of refurbishment is R3 million. In court papers, the department said the property - comprised of two parcels of land - has become vulnerable to land grabs and invasions due to its derelict state. It also warned that the vacant adjoining land is overgrown with trees, posing a fire hazard. The residents are being represented by the housing law organisation, Ndifuna Ukwazi. In a supplementary affidavit filed last month, the department's director of real estate management services, Dumisani Gqibela, said: 'It goes without saying that where you have a crumbling building and exterior walls that are crumbling, the danger of it collapsing and causing death and injury to people will remain until the structure and walls have been demolished and the persons in its vicinity have been removed from such dangerous and hazardous conditions.' Gqibela said the department brought the application because the 'derelict building poses a serious health and safety risk to the occupiers'. He further described as 'unsubstantiated claims' the suggestion that residents would be rendered homeless if evicted. 'The City of Cape Town will address the issue relating to Ebenezer Shelter and further emergency accommodation in their report. In this regard, it should specifically be noted that the respondents have, to date, not provided the City with all the relevant completed questionnaires as far back as 8 May 2025,' he said in the court papers. Gqibela added that Ndifuna Ukwazi's 'general approach to this eviction application is reckless and unfair to the members of the general public'. In a supplementary answering affidavit filed by 104 Darling residents, resident Ayabulela Gwenzane argued that none of the department's reports showed 'real and imminent harm to the property and persons to justify an urgent eviction order being granted'. ALSO READ | Public works dept goes to court to evict people from dilapidated building in Cape Town 'In respect of the hardship that the NU [Ndifuna Ukwazi] respondents would suffer, we have set this out in our provisional answering affidavit and include the negative impact that displacement would have on us and that we would be rendered homeless if evicted. 'The applicant [the department], despite having been provided with our personal circumstances, insists that we would not be rendered homeless. The applicant is of the view that we can afford alternative accommodation and/or qualify for social housing and or will be provided with shelter by the City of Cape Town in the Ebenezer Shelter space and consequently would not be rendered homeless. 'The applicant misses the point that unless alternative accommodation is secured by 19 June, if an urgent order is granted on the date as prayed by for the applicant, then we would be rendered homeless,' he said. Gwenzane added that the department ignored the residents' income information, noting that while most are employed, the work is precarious and dependent on being close to the CBD. He said: We cannot afford alternative accommodation in the private rental market. Rental accommodation is too expensive. Regarding shelters, Gwenzane said they do not accommodate couples or allow families with children to stay together. Asked for comment about alternative accommodation, Department of Public Works and Infrastructure spokesperson Lennox Mabaso said: 'The department has already engaged with the City of Cape Town regarding safe and secure shelter for any of the inhabitants who qualify and who may be affected by the proceedings, as required by law, as the building has been declared unsafe for human occupation and at risk of collapse.' Mabaso added that the alternative accommodation would be in one of the city-supported shelters, including the Safe Space shelters in central Cape Town. 'The City has done pioneering work to establish shelters for homelessness to ensure that occupants are provided with safe and secure accommodation,' he said.
CBC
2 days ago
- CBC
A fugitive landlord is at large. Where does that leave dozens of his Ontario tenants?
Tenants of buildings owned by a wanted fugitive could be safe from eviction if the bank or a new landlord take over, a legal expert says. Gareth West, 45, is wanted by U.S. authorities for allegedly running a grandparent scam call centre in Montreal, defrauding American seniors out of more than $21 million US. He's been at large since an arrest warrant was issued for him in February. CBC News has previously reported that Gareth owns two apartment buildings — one in St. Thomas and the other in London. West bought another building, at 232 Elm Street in St. Thomas, in March 2022 but the three-storey walk-up was ordered shut by the fire department last November for severe fire code violations, resulting from botched renovations. It was foreclosed that same month before the bank took over in January, according to property records. "When the bank takes over, it's actually a good thing because if the landlord wasn't paying the utilities then the bank takes on the responsibility and things get restored," said Elena Dempsey, a lawyer at Elgin-Oxford Legal Clinic in St. Thomas. Tenants living at West's rentals at 14 Holland Street in St. Thomas and 308 Egerton Street in London say they've been left to deal with uncollected garbage piling up, power interruptions and no hot water. They've expressed concerns about what comes next in the absence of their landlord. Both cities said services are restored at the apartments and they're working with the respective mortgage lenders. What happens next? The next step would involve the mortgage lender, which could be the bank, seizing the properties and taking ownership until its sold to another buyer. However, tenants would have protections against evictions under the Residential Tenancies Act. "The only way the bank would seize the property is if the landlord goes into default on the mortgage," Dempsey said. "We have in the past had times where the landlord can't pay utilities, or the landlord is unable to maintain the payments on the property and the bank takes over, which is more frequent." With West on the run, the lender can get an order from Superior Court allowing it to take ownership, but that process could take several months. Residents will then have to prove they are legitimate tenants, after which they'd receive something called a Notice of Attornment and their rent would be paid directly to the bank from the date of the notice. Having the bank as their landlord can be a boon for those living at the buildings because it can guarantee stability in services, said Dempsey. If another person or company purchases the building, they become the new landlord and cannot evict tenants without valid cause, she added. "Only under the act can you evict, you cannot just say 'Get out people, I'm the new owner,'" Dempsey said. "If the new person takes over and one of the tenants do something that give rise to eviction, potentially yes, they could be evicted, just like they can be evicted anywhere else." The landlord could apply to demolish the building or convert it for other use but they're required to provide at least 120 days notice and tenants can contest that at the Landlord and Tenant Board — another lengthy process. Municipalities limited in authority Municipalities are limited in their jurisdiction over private properties, said St. Thomas Mayor Joe Preston. However, his city and London have issued bylaw notices which gives them authority to address violations such as garbage collection, and issues with water and electricity. "Not having trash picked up is not likely enough of a property standards but when we get water and electricity shut off, then we can step in after a disconnect has happened to get it turned back on. We cover those bills and put them on the landlord's [property] taxes," said Preston. "The landlord has certain obligations, even if he is an absentee landlord, and it appears right now things are back on and tenants are being well served but we will make sure we get involved where we need to." With West at large, the property tax expenses become a lien on the buildings and would prevent future sales until that's paid, said Preston, adding: "It gives us some power to be able to collect from anybody who might purchase the building in the future." St. Thomas officials managed to find new housing for all tenants at West's Elm Street rental, said Preston. Both cities said they will work to help relocate tenants in the event of an eviction, but that remains up to the mortgage lender or new owner. Keep rent money aside, lawyer tells tenants Some tenants CBC News spoke to said they won't be paying rent until the situation is resolved, with some saying efforts to make their payments have been unsuccessful and deposits weren't accepted, though others said the money was withdrawn from their accounts. Dempsey's advice is to put money aside until there's a resolution. Tenants could pursue the new landlord for violations of tenant protections such as loss of services, interference with reasonable enjoyment, emotional distress and other issues. "It's not a good idea to withhold your rent. Any court does not look favourably upon self-help remedies," she said. "Let's say the tenants pooled all their money together and paid the hydro bill, that might be a good argument as to why they shouldn't pay their rent but I'm not hearing that that's what they've done."
CTV News
2 days ago
- CTV News
Tent camp in Regina's Heritage neighbourhood dismantled
On Tuesday, officers with the Regina Police Service supervised the dismantling of a tent camp in the Heritage neighbourhood. (Wayne Mantyka / CTV News) Regina police officers supervised the dismantling of a tent camp in the Heritage neighbourhood on Tuesday, with residents dispersing without any conflict. Many residents of the camp were already packing as police arrived with an eviction order. 'I didn't think I'd be this emotional having to see these people run like that. Get up and go. It's crazy,' camp resident Candy Whiteswan said. People tenting on the vacant lot next to Carmichael Outreach has been a common occurrence. There had been an earlier attempt to fence off the property but that didn't last. Community volunteers who help the unhoused, including Tiro Mthembu, were on scene to offer what assistance they could. 'When these encampments are displaced, not only is it traumatizing, the reality is that they don't have housing waiting for them,' he said. 'There's no options so this is just further traumatizing a community that is vulnerable, marginalized and pushed into corners of our society.' Some camp residents planned to stay with friends. Others were still deciding where to go. 'Some of us didn't even live in tents, you know. We just had to cover up with a blanket. Living like this was bad. We're like family here. We are. We help each other,' camp resident Denise Ryder said. Some camp residents took the afternoon to pack their belongings. Others left possessions behind. Some relocated their tents to other vacant properties in the neighbourhood.
