Posts Tagged ‘Fire saftey’

The Responsible Housing Provider ‑‑ Excessive Clutter

March 18th, 2013 by Celia Chandler

This is information only and is not intended to be taken as legal advice. If you have a case of excessive clutter, we urge you to talk to your lawyer and work out a plan that meets your  duties and minimises your liability.

Housing providers often ask: (1) how to clean up an excessively cluttered unit (often this is referred to using the term “hoarding”), and (2) whether they can evict the occupants. These questions raise a number of legal issues.

Human Rights: Excessive clutter can result from mental illness. The Human Rights Code obliges a housing provider to accommodate mental illness to the point of undue hardship. Undue hardship is a very high threshold, assessed on cost (including external funding), health and safety. Where there is a suspected or known mental illness, consult with a lawyer to find a way to satisfy the duty to accommodate. For example, providing the most appropriate help with fumigation preparation, often necessary in cluttered units, helps defend against allegations that you have not met the duty to accommodate.

Continue reading “The Responsible Housing Provider ‑‑ Excessive Clutter”